§ 42-32. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrator means that person appointed pursuant to section 42-33.

Age means the chronological age of any individual who is 18 years or older.

Classification category means that category to, or basis upon, which discrimination is prohibited in this article, such categories or basis being as follows: race, color, national origin, religion, sex, gender identity or expression, genetic information, sexual orientation, disability, marital status, familial status, or age.

Complainant means any person filing a complaint pursuant to this article.

Disabled persons means persons who can demonstrate a physical or mental impairment which substantially limits one or more of such persons' major life activities. Physical or mental impairment includes any physiological disorder or condition, disfigurement or anatomical loss affecting one or more of the body systems. The term "disabled persons" does not include persons who have current, illegal use of or addiction to alcohol or a controlled substance as defined by F.S. ch. 893, as now enacted or hereinafter amended.

(1)

Disabled individual is "qualified" with respect to employment if such individual can perform the essential functions of the job in question with reasonable accommodations.

(2)

Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

(3)

Substantially limited means likely to experience difficulty in securing, retaining or advancing in employment because of a disability.

Discriminatory practice means an intentional act that is unlawful and prohibited as defined in this article.

Employee means a person employed by or seeking employment from an employer. It does not include any person employed by parents, spouse or child.

Employer means any person who employs 15 or more employees for wages, salaries or commission within the city, exclusive of parents, spouse or children, in each of the four or more calendar weeks in the current calendar year. For the purposes of this article, an employer is also any person acting on behalf of an employer, directly or indirectly.

Entity means employees, employer or person, as used or defined in this article.

Family means one or more individuals who have not attained the age of 18 years being domiciled with a parent or another person having legal custody of such individual or individuals; or the designee of such parent or other person having such custody, with the written permission of such parent or other person.

Gender identity or expression means a person's various individual attributes, actual or perceived, as they are understood to be masculine and/or feminine, or a person's self-identity, self-image, appearance or expression as a man or woman, whether or not different from those traditionally associated with the person's sex at birth.

Genetic information means information about an individual's genetic tests, the genetic tests of an individual's family members, the manifestation of a disease or disorder in an individual's family members, or any request of or receipt by the individual or family members of genetic services.

Housing and housing accommodations mean any building, structure or portion thereof, or other facility which is occupied as, or designed or intended for occupancy as a residence, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof, mobile home, trailer or other facility. However, nothing in this article shall apply to dwellings occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.

Interested parties means the persons filing a complaint and the persons against whom a complaint has been filed.

Lending institution means any bank, insurance company, savings and loan association or any other person regularly engaged in the business of lending money, guaranteeing loans, or sources of credit information.

Marital status means the state of being single, divorced, widowed, married, or separated, as defined by state law.

Mediation agreement means a written statement entered into between a complainant and respondent setting forth the resolution of the issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the complainant, the respondent and the mediator.

Mediator means the person appointed pursuant to section 42-43.

National origin means the origin of an ancestor, the country of origin or a person's forbear, naturally, by marriage or by adoption.

Owner means any person, including, but not limited to, a lessee, sublessee, assignee, manager or agent, and also including the city and its departments or other subunits, having the right of ownership or possession of the authority to sell or lease any real property.

Person means one or more individuals, employees, employers, employment agencies, owners, businesses, governments, government agencies, governmental departments, unions, joint apprenticeship committees, firms, associations, joint ventures, partnerships, estates, trusts, trustees, trustees in bankruptcy, joint-stock companies, receivers, syndicates, fiduciaries, corporations, unincorporated organizations, and all other groups or combinations.

Public accommodations shall mean any establishment, service, place, or building which offers, sells or otherwise makes available to the public any good, service, facility, privilege or advantage. Each of the following establishments which services the public is a place of public accommodation within the meaning of this article:

a.

Any inn, hotel, motel or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his/her residence;

b.

Any restaurant, bar, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including but not limited to any such facility located on the premises of any retail establishment;

c.

Any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment;

d.

An auditorium, convention center, lecture hall or other place of public gathering;

e.

A bakery, grocery store, clothing store, hardware store, shopping center, or other sales or retail establishment;

f.

A laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, health care provider, hospital or other service establishment;

g.

A terminal, depot or other station used for a specified public transportation including but not limited to taxis, limousines and buses;

h.

A museum, library, gallery or other place of public display or collection;

i.

A park, zoo, amusement park or other place of recreation;

j.

A nursery, elementary, secondary, undergraduate or postgraduate private school, or other place of education;

k.

A day care center, senior citizen center, homeless shelter, food bank, adoption agency or other social service center establishment;

l.

A gymnasium, health spa, bowling alley, golf course, or other place of exercise recreation;

m.

Any area or structure provided for the purpose of storing personal property; and,

n.

Any establishment:

(i)

Which is physically located within the premises of any establishment otherwise covered by this subsection; or

(ii)

Which holds itself out as serving patrons of such covered establishment. Such term shall not include any institution, club or place of accommodation which is in its nature distinctly private and not in fact open to the public.

Real property means any land, buildings, fixtures, and all other improvements to land.

Rent means to lease, sublease, assign, let or otherwise grant for a consideration the right to occupy premises that are not owned by the occupant.

Respondent means any person or entity against whom a complaint is filed pursuant to this article.

Sale means any contract to sell, exchange, convey, transfer or assign legal or equitable title to, or a beneficial interest in, real property.

Sex means a male or female.

Sexual orientation means the state of being heterosexual, homosexual or bisexual, or having a history of such identification.

(Code 1979, § 34-2; Ord. No. 4045-07, § 2, 5-7-2007; Ord. No. 4308-10, § 2, 11-15-2010; Ord. No. 4598-15, § 1, 10-26-2015)

Cross reference

Definitions generally, § 1-2.