HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 7 Individual Freedom
SPONSOR(S): Education & Employment Committee, Avila
TIED BILLS: None IDEN./SIM. BILLS: SB 148
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Judiciary Committee 14 Y, 7 N Mawn Kramer
2) State Affairs Committee 16 Y, 8 N Villa Williamson
3) Education & Employment Committee 14 Y, 7 N, As CS Wolff Hassell
SUMMARY ANALYSIS
The Florida Civil Rights Act of 1992 secures for all individuals within the state freedom from discrimination
because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status in the areas of
public accommodation, education, and employment. Florida law also prohibits discrimination on the basis of
race, ethnicity, national origin, gender, disability, religion, or marital status in the state’s public education
system and prescribes the curriculum and sets instructional material requirements for the kindergarten through
grade 12 (“K-12”) public school system.
HB 7 expands the Florida Civil Rights Act to provide that subjecting a person, as a condition of employment,
membership, certification, licensing, credentialing, or passing an examination, to training, instruction, or any
other required activity that espouses, promotes, advances, inculcates, or compels such individual to believe
certain concepts constitutes discrimination based on race, color, sex, or national origin under the Act.
The bill also revises provisions within Florida’s Education Code to:
 Provide that it constitutes discrimination on the basis of race, color, national origin, or sex under the
Code to subject a student or employee to training or instruction that espouses, promotes, advances,
inculcates, or compels such student or employee to believe certain concepts.
 State the Legislature’s acknowledgment of the fundamental truth that all persons are equal before the
law and have inalienable rights.
 Require school instruction and supporting materials to be consistent with specified principles of
individual freedom.
 Require the State Board of Education to develop or adopt a “Stories of Inspiration” curriculum.
The bill may have an indeterminate fiscal impact on state and local governments.
The bill provides an effective date of July 1, 2022.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
The Florida Civil Rights Act
The Florida Civil Rights Act of 1992 (“FCRA”), codified in Part I of chapter 760, Florida Statutes,
secures for all individuals within the state freedom from discrimination because of race, color, religion,
sex, pregnancy, national origin,1 age, handicap, or marital status (“protected class”).2 These protections
are in place to safeguard each individual’s interest in personal dignity, making available to the state his
or her full productive capacities.3 These protections also help to secure the state against domestic strife
and unrest; preserve the public safety, health, and general welfare; and promote the interests, rights,
and privileges of individuals within the state.4
Unlawful Employment Practices
Under the FCRA, it is an unlawful employment practice for:
 An employer5 of 15 or more employees to:
o Discharge or fail or refuse to hire a person, or otherwise discriminate against a person
with respect to compensation, terms, conditions, or privileges of employment, because
of his or her membership in a protected class.6
o Limit, segregate, or classify employees or applicants for employment in any way which
would deprive or tend to deprive a person of employment opportunities, or adversely
affect a person’s status as an employee, because of his or her membership in a
protected class.7
 An employment agency8 to:
o Fail or refuse to refer for employment, or otherwise to discriminate against, a person
because of his or her membership in a protected class. 9
o Classify or refer a person for employment on the basis of his or her membership in a
protected class.10
 A labor organization11 to:
o Exclude or expel from its membership, or otherwise discriminate against, a person
because of his or her membership in a protected class. 12
o Limit, segregate, or classify its membership or applicants for membership, or to classify
or fail or refuse to refer a person for employment, in any way that would deprive or tend
to deprive a person of employment opportunities, or adversely affect a person’s status
as an employee or as an applicant for employment, because of his or her membership in
a protected class.13
1 “National origin” includes ancestry. S. 760.02(5), F.S.
2 S. 760.01(2), F.S.
3 Id.
4 Id.
5
“Employer” means any person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the
current or preceding calendar year, and any agent of such person. S. 760.02(7), F.S.
6 S. 760.10(1)(a), F.S.
7 S. 760.10(1)(b), F.S.
8 “Employment agency” means any person regularly undertaking, with or without compensation, to procure employees for an employe r
or to procure for employees opportunities to work for an employer, and includes an agent of such a person. S. 760.02(8), F.S.
9 S. 760.10(2), F.S.
10 Id.
11 “Labor organization” means any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing
with employers about grievances, employment terms or conditions, or other mutual aid or protection in connection with employment. S.
760.02(9), F.S.
12 S. 760.10(3)(a), F.S.
13 S. 760.10(3)(b), F.S.
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 o Cause or attempt to cause an employer to discriminate against a person in violation of
unlawful employment practices law.14
 An employer, a labor organization, or a joint labor-management committee15 controlling
apprenticeship or other training, including on-the-job-training programs, to discriminate against
a person because of his or her membership in a protected class in admission to, or employment
in, a program established to provide apprenticeship or other training.16
 An employer, a labor organization, an employment agency, or a joint labor-management
committee to print, or cause to be printed or published, a notice or advertisement relating to
employment, membership, classification, referral for employment, or apprenticeship or other
training, indicating a preference, limitation, specification, or discrimination, based on
membership in a protected class.17
 An employer, a labor organization, an employment agency, or a joint labor-management
committee to discriminate against a person because he or she has:
o Opposed a practice which is an unlawful employment practice under the FCRA; or
o Made a charge, testified, assisted, or participated in any way in an investigation,
proceeding, or hearing involving an unlawful employment practice under the FCRA. 18
These prohibitions do not apply to a religious corporation, an association, an educational institution, or
a society which conditions employment or public accommodation opportunities to its own members or
persons who subscribe to its tenets or beliefs.19 Such a group may give preference in employment to a
person of a particular religion to perform work connected with the carrying on by the group of its various
activities.20
Further, it is not an unlawful employment practice for an employer, a labor organization, an employment
agency, or a joint labor-management committee to:
 Observe the terms of a bona fide seniority system, a bona fide employee benefit plan, or a
system which measures earnings by quantity or quality of production, which is not designed,
intended, or used to evade the FCRA.21
 Take or fail to take any action on the basis of:
o Membership in a protected class when such membership is a bona fide occupational
qualification (BFOQ) reasonably necessary for the performance of the particular
employment to which such action or inaction is related. 22
o Age, under a law or regulation governing any employment or training program designed
to benefit individuals of a particular age group.23
o Marital status, if such status is prohibited under its anti-nepotism policy.24
In a civil action or administrative proceeding brought under the FCRA, a finding that a person employed
by the state or a governmental entity or agency has committed unlawful employment discrimination
constitutes, as a matter of law, just or substantial cause for such person’s discharge. 25
14
S. 760.10(3)(c), F.S.
15 Joint labor-management committees are established under the federal Labor Management Cooperation Act of 1978. 29 U.S.C. s.
175a (2022).
16 S. 760.10(4), F.S.
17 S. 760.10(6), F.S.
18 S. 760.10(7), F.S.
19 S. 760.10(9), F.S.
20 Id.
21 S. 760.10(8)(b), F.S.
22 S. 760.10(8)(a), F.S.
23 S. 760.10(8)(c), F.S.
24 S. 760.10(8)(d), F.S.
25 S. 760.11(15), F.S.
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 Florida Commission on Human Relations
The FCRA creates the Florida Commission on Human Relations (“commission”), 26 which is assigned to
the Department of Management Services (“DMS”)27 to promote and encourage fair treatment and equal
opportunity for all persons, regardless of membership in a protected class, and mutual understanding
and respect among all members of all economic, social, racial, religious, and ethnic groups.28 The
commission is statutorily required to seek to eliminate discrimination against, and antagonism between,
religious, racial, and ethnic groups and their members. 29 To accomplish its purpose, the FCRA grants
the commission specified powers, including the power to:
 Receive, initiate, investigate,30 seek to conciliate, hold hearings on, and act upon complaints
alleging an unlawful practice under the FCRA;31
 Issue subpoenas for, administer oaths or affirmations to, and compel the attendance and
testimony of witnesses or issue subpoenas to compel the production of books, papers, and
other evidence pertaining to an investigation or a hearing convened by the commission;32 and
 Promulgate rules to effectuate the FCRA’s purposes and policies and govern the commission’s
proceedings in accordance with the Administrative Procedure Act (APA).33
Remedies for Unlawful Discrimination
Under the FCRA, a person aggrieved by the violation of a Florida statute making unlawful
discrimination due to membership in a protected class in the areas of education, employment, or public
accommodation (“discriminatory practice”) may file a complaint with the commission within 365 days of
the alleged violation naming the responsible party (“respondent”) and describing the violation and the
relief sought.34 The commission, a commissioner, or the Attorney General (“AG”) may also file a
complaint in the same manner.35 Within five days of its filing, the commission must, by registered mail,
send a copy of the complaint to the respondent.36 The respondent may file an answer to the complaint
within 25 days of its filing and must mail a copy of the answer to the aggrieved party. 37
If another state agency or state government unit has jurisdiction over a complaint’s subject matter and
has legal authority to investigate the complaint, the commission may refer the complaint to such agency
for investigation.38 Unless such a referral is made, the commission must investigate the complaint’s
allegations and, within 180 days of its filing, determine if there is reasonable cause to believe that a
26 The commission is comprised of 12 members appointed by the governor for four-year terms, subject to Senate confirmation. The
commission must select one commissioner to serve as chairperson for a two-year term and appoint an executive director who, with the
commission’s consent, may employ necessary personnel. The commissioners must be broadly representative of various racial,
religious, ethnic, social, economic, political, and professional groups within the state, and at least one commissioner must be at least 60
years old. The governor may only remove a commissioner for cause, subject to removal or reinstatement by the Senate. S. 760.03, F.S.
27 The commission, in the performance of its duties, is not subject to DMS’s control, supervision, or direction. S. 760.04, F.S.
28
Six commissioners constitute a quorum for conducting business, but the commission may establish panels of not less than three
commissioners to exercise its powers, subject to the procedures and limitations set by commission rule. Three commissioners serving
on such panels constitute a quorum for conducting business. Ss. 760.03, 760.04, and 760.05, F.S.
29 S. 760.05, F.S.
30
In investigating, the commission and its investigators must have access at all reasonable times to premises, records, documen ts, and
other evidence or possible evidence sources and may examine, record, and copy such materials and take and record the testimony or
statements of such persons as are reasonably necessary for the investigation’s furtherance. S. 760.06(6), F.S.
31 S. 760.06(5), F.S.
32 Should someone refuse to obey a commission-issued subpoena, the commission may apply to any circuit court of the state, which
may order the witness to appear before the commission to give testimony and to produce evidence concerning the matter in question .
Failure to obey the court’s order may be punished as contempt of court. If the court issues a contempt order or an order compelling a
person to comply with the commission’s order or subpoena, the court shall order the person to pay the commission reasonable
expenses, including reasonable attorney fees, accrued by the commission in obtaining the court order. S. 760.06(6), F.S.
33 The APA, set out in ch. 120, F.S., provides uniform procedures for the exercise of specified authority, including the authority to
conduct hearings, engage in rulemaking, and issue or act against professional licenses, by specified government agencies and office rs.
S. 760.06, F.S.
34 The commission may require that additional information be in the complaint. S. 760.11(1), F.S.
35 In lieu of filing a complaint with the commission, a person may file a complaint with the Equal Employment Opportunity Commission
or with any unit of state government which is a fair-employment-practice agency under 29 C.F.R. ss. 1601.70-1601.80. S. 760.11(1),
F.S.
36 Id.
37 Id.
38 S. 760.11(2), F.S.
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 discriminatory practice occurred.39 After this determination, the commission must, by registered mail,
promptly notify the parties of the determination and the available remedies. 40
If the commission determines there is reasonable cause to believe that a discriminatory practice
occurred, the aggrieved person may either bring a civil action against the respondent or request an
administrative hearing under the APA.41
A civil action under the FCRA must be brought within one year of the commission’s reasonable cause
determination.42 In such an action, the court may:
 Prohibit the discriminatory practice and provide affirmative relief;
 Award compensatory damages, including for intangible injuries; 43
 Award punitive damages;44 and
 Award reasonable attorney fees to the prevailing party.45
The right to a jury trial is preserved where the plaintiff seeks damages, and any party may demand a
jury trial.46 However, if the statute prohibiting unlawful discrimination provides an administrative remedy,
a civil action may be initiated only after such administrative remedy is exhausted.47
An administrative hearing under the FCRA must be requested no later than 35 days after the
commission’s reasonable cause determination. 48 The commission may hear the case if the final order is
issued by commissioners who did not conduct the hearing or request that the case be heard by an
administrative law judge (“ALJ”).49 If the hearing officer finds that a discriminatory practice has
occurred, the hearing officer must issue an