Florida Statute 760.50 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIV
CIVIL RIGHTS

Chapter 760
DISCRIMINATION IN THE TREATMENT OF PERSONS; MINORITY REPRESENTATION

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F.S. 760.50

760.50 Discrimination on the basis of AIDS, AIDS-related complex, and HIV prohibited.—

(1) The Legislature finds and declares that persons infected or believed to be infected with human immunodeficiency virus have suffered and will continue to suffer irrational and scientifically unfounded discrimination. The Legislature further finds and declares that society itself is harmed by this discrimination, as otherwise able-bodied persons are deprived of the means of supporting themselves, providing for their own health care, housing themselves, and participating in the opportunities otherwise available to them in society. The Legislature further finds and declares that remedies are needed to correct these problems.

(2) Any person with or perceived as having acquired immune deficiency syndrome, acquired immune deficiency syndrome related complex, or human immunodeficiency virus shall have every protection made available to handicapped persons.

(3)(a) No person may require an individual to take a human immunodeficiency virus-related test as a condition of hiring, promotion, or continued employment unless the absence of human immunodeficiency virus infection is a bona fide occupational qualification for the job in question.

(b) No person may fail or refuse to hire or discharge any individual, segregate or classify any individual in any way which would deprive or tend to deprive that individual of employment opportunities or adversely affect his or her status as an employee, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of knowledge or belief that the individual has taken a human immunodeficiency virus test or the results or perceived results of such test unless the absence of human immunodeficiency virus infection is a bona fide occupational qualification of the job in question.

(c) A person who asserts that a bona fide occupational qualification exists for human immunodeficiency virus-related testing shall have the burden of proving that:

1. The human immunodeficiency virus-related test is necessary to ascertain whether an employee is currently able to perform in a reasonable manner the duties of the particular job or whether an employee will present a significant risk of transmitting human immunodeficiency virus infection to other persons in the course of normal work activities; and

2. There exists no means of reasonable accommodation short of requiring that the individual be free of human immunodeficiency virus infection.

(4)(a) A person may not discriminate against an otherwise qualified individual in housing, public accommodations, or governmental services on the basis of the fact that such individual is, or is regarded as being, infected with human immunodeficiency virus.

(b) A person or other entity receiving or benefiting from state financial assistance may not discriminate against an otherwise qualified individual on the basis of the fact that such individual is, or is regarded as being, infected with human immunodeficiency virus.

(c) A person who asserts that an individual who is infected with human immunodeficiency virus is not otherwise qualified shall have the burden of proving that no reasonable accommodation can be made to prevent the likelihood that the individual will, under the circumstances involved, expose other individuals to a significant possibility of being infected with human immunodeficiency virus.

(d) A person may not fail or refuse to hire or discharge any individual, segregate or classify any individual in any way which would deprive or tend to deprive that individual of employment opportunities or adversely affect his or her status as an employee, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of the fact that the individual is a licensed health care professional or health care worker who treats or provides patient care to persons infected with human immunodeficiency virus.

(5) Every employer who provides or administers health insurance benefits or life insurance benefits to its employees shall maintain the confidentiality of information relating to the medical condition or status of any person covered by such insurance benefits. Such information in the possession of a public employer is exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. An employer shall be liable in damages to any person damaged by its failure to implement such a procedure.

(6)(a) Any person aggrieved by a violation of this section shall have a right of action in the circuit court and may recover for each violation:

1. Against any person who violates a provision of this section, liquidated damages of $1,000 or actual damages, whichever is greater.

2. Against any person who intentionally or recklessly violates a provision of this section, liquidated damages of $5,000 or actual damages, whichever is greater.

3. Reasonable attorney’s fees.

4. Such other relief, including an injunction, as the court may deem appropriate.

(b) Nothing in this section limits the right of the person aggrieved by a violation of this section to recover damages or other relief under any other applicable law.

History.—s. 45, ch. 88-380; s. 14, ch. 89-350; s. 6, ch. 94-90; s. 421, ch. 96-406; s. 1796, ch. 97-102.

F.S. 760.50 on Google Scholar

F.S. 760.50 on Casetext

Amendments to 760.50

Arrestable Offenses / Crimes under Fla. Stat. 760.50

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 760.50.

Annotations, Discussions, Cases:

Cases Citing Statute 760.50

Total Results: 15

Housing Opportunities Project for Excellence, Inc. v. Spv Realty, Lc

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-21T00:00:00-08:00

Citation: 212 So. 3d 419, 2016 Fla. App. LEXIS 18680

Snippet: basis of his HIV-positive condition under section 760.50 of the *423Florida Statutes,6 after he voluntarily…law, the HIV-AIDS discrimination statute, section 760.50, the provision empowering the Attorney General

Byrd v. BT FOODS, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-12-02T00:00:00-08:00

Citation: 26 So. 3d 600, 22 Am. Disabilities Cas. (BNA) 1445, 2009 Fla. App. LEXIS 18431, 2009 WL 4282945

Snippet: violation of the Florida Omnibus AIDS Act, section 760.50(3)(b), Florida Statutes;2 (2) violation of the … . The Florida Omnibus Aids Act, Fla. Stat. § 760.50, prohibits employers from discharging an employee

Byrd v. BT Foods, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2007-02-14T00:00:00-08:00

Citation: 948 So. 2d 921

Snippet: seeking relief under section 760.50. While we find that section 760.50 and the FCRA impose the identical…violation of (1) the Florida Omnibus AIDS Act, section 760.50(3)(b), Florida Statutes; and (2) the Florida Civil…485284 at n. 2, we agree with Byrd that section 760.50 does not require proof that a plaintiff's …the statute imposes such a requirement; section 760.50(3)(b) prohibits discrimination based upon even

Belletete v. Halford

Court: Fla. Dist. Ct. App. | Date Filed: 2004-11-09T23:53:00-08:00

Citation: 886 So. 2d 308

Snippet: Housing Act (FHA), and Florida Statutes section 760.50, in addition to alleging negligent infliction of…discrimination claim under Florida Statutes section 760.50, we reverse. We affirm in all other respects. It…Act based on Florida Statutes sections 760.35 and 760.50. Count II alleged rental discrimination under Florida…relief under the FCRA, citing sections 760.35 and 760.50. However, neither of these sections is part of …section 760.35 is included in the FHA and section 760.50 is included under Miscellaneous Provisions. As

Ago

Court: Fla. Att'y Gen. | Date Filed: 1998-02-24T23:53:00-08:00

Snippet: are enrolled in a group insurance plan.8 Section 760.50(5), Florida Statutes, states that every employer

Honig v. Florida Commission on Human Relations

Court: Fla. Dist. Ct. App. | Date Filed: 1995-08-25T00:00:00-07:00

Citation: 659 So. 2d 1236

Snippet: is with respect to AIDS and related illnesses. § 760.50, Fla.Stat. (1991). Although the purpose of the

Ago

Court: Fla. Att'y Gen. | Date Filed: 1994-09-28T00:53:00-07:00

Snippet: legal representative has been obtained.7 Section 760.50(5), Florida Statutes, states in part that every

Weaver v. School Bd. of Leon County

Court: Fla. Dist. Ct. App. | Date Filed: 1993-09-14T00:53:00-07:00

Citation: 624 So. 2d 761

Snippet: was based on AIDS discrimination statute, section 760.50, Florida Statutes (1991), but landlord's complaint

X Corp. v. Y Person

Court: Fla. Dist. Ct. App. | Date Filed: 1993-08-06T00:53:00-07:00

Citation: 622 So. 2d 1098

Snippet: duties, and responsibilities concerning section 760.50, Florida Statutes (1991), which prohibits discrimination…and human immunodeficiency virus (HIV). Section 760.50(3)(b) provides that no person may deprive an individual…the job in question. Other subsections of section 760.50 place the burden on the employer to prove that …significant possibility of being infected with HIV. § 760.50(3)(c), (4)(c). "X" Corporation alleged…qualification of the job in question pursuant to section 760.50. A declaration was also requested as to whether

Meli Inv. Corp. v. Or

Court: Fla. Dist. Ct. App. | Date Filed: 1993-07-06T00:53:00-07:00

Citation: 621 So. 2d 676

Snippet: deficiency syndrome (AIDS), pursuant to section 760.50, Florida Statutes (1991). The partial final judgment…and costs, as provided for in sections 83.48 and 760.50(6)(a)3., Florida Statutes (1991). A hearing was

"Y" Person v. "X" Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1992-10-07T00:00:00-07:00

Citation: 606 So. 2d 1219

Snippet: for a declaration1 of its rights under section 760.50, Florida Statutes (1989), and section 381.609, …testing to people with HIV *1220infection. Section 760.50, prohibits an employer from discharging an employee…occupational qualification of the job in question. § 760.-50, Fla.Stat. (1989). The complaint alleged that “…addition to a declaration of its rights under section 760.50, Florida Statutes, “X” Corporation asked for supplemental

Hummer v. Unemployment Appeals Com'n

Court: Fla. Dist. Ct. App. | Date Filed: 1991-01-09T23:53:00-08:00

Citation: 573 So. 2d 135

Snippet: handicap. In 1989, the Legislature enacted section 760.50 which expressly provides that any person with or

Espirito Santo Bank of Florida v. Green Hills/Southland Pines Community Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 1990-07-17T00:00:00-07:00

Citation: 565 So. 2d 756

Snippet: Florida Housing Act of 1972, and sections 760.21-760.50, Florida Statutes (1988). Dade County’s response

Florida Bar v. Weil

Court: Fla. | Date Filed: 1979-07-17T00:00:00-07:00

Citation: 373 So. 2d 659

Snippet: advising him that he was holding a balance of $4,760.50 in the Estate and asked for documentation showing

Nielsen v. Paneil, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1969-10-08T00:00:00-07:00

Citation: 227 So. 2d 883

Snippet: The order also assessed against the plaintiff $2,760.50 for 1963-1967 taxes paid by defendant on the land