Senate Bill sb2116

    Florida Senate - 2002                                  SB 2116

    By Senator Garcia





    39-1370-02

  1                      A bill to be entitled

  2         An act relating to discriminatory practices;

  3         amending s. 760.60, F.S.; applying to business

  4         establishments serving the public the

  5         provisions applicable to certain clubs

  6         prohibiting certain discriminatory practices;

  7         prohibiting certain discriminatory practices;

  8         providing for filing complaints with the

  9         Commission on Human Relations; providing for

10         filing civil actions under certain

11         circumstances; providing an effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Section 760.60, Florida Statutes, is

16  amended to read:

17         760.60  Discriminatory practices of certain clubs or

18  business establishments prohibited; remedies.--

19         (1)  It is unlawful for a person to discriminate

20  against any individual because of race, color, religion,

21  gender, national origin, handicap, age above the age of 21, or

22  marital status in evaluating an application for membership in

23  a club that has more than 400 members, that provides regular

24  meal service, and that regularly receives payment for dues,

25  fees, use of space, facilities, services, meals, or beverages

26  directly or indirectly from nonmembers for business purposes.

27  It is unlawful for a person, on behalf of such a club or any

28  business establishment serving the public, to publish,

29  circulate, issue, display, post, or mail any advertisement,

30  notice, or solicitation that contains a statement to the

31  effect that the accommodations, advantages, facilities,

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    Florida Senate - 2002                                  SB 2116
    39-1370-02




  1  membership, or privileges of the club or business

  2  establishment are denied to any individual because of race,

  3  color, religion, gender, national origin, handicap, age above

  4  the age of 21, recreational clothing, mode of transportation,

  5  or marital status.  This subsection does not apply to

  6  fraternal or benevolent organizations, ethnic clubs, or

  7  religious organizations where business activity is not

  8  prevalent.

  9         (2)  A person who has been discriminated against in

10  violation of this act may file a complaint with the Commission

11  on Human Relations or with the Attorney General's Office of

12  Civil Rights.  A complaint must be in writing and must contain

13  such information and be in such form as the commission

14  requires.  Upon receipt of a complaint, the commission or the

15  Attorney General shall provide a copy to the person who

16  represents the club or business establishment.  Within 30 days

17  after receiving a complaint, the commission or the Attorney

18  General shall investigate the alleged discrimination and give

19  notice in writing to the person who filed the complaint if it

20  intends to resolve the complaint.  If the commission or the

21  Attorney General decides to resolve the complaint, it shall

22  attempt to eliminate or correct the alleged discriminatory

23  practices of a club, or business establishment serving the

24  public, by informal methods of conference, conciliation, and

25  persuasion.

26         (3)  If the commission or the Attorney General fails,

27  within 30 days after receiving a complaint filed pursuant to

28  subsection (2), to give notice of its intent to eliminate or

29  correct the alleged discriminatory practices of a club, or

30  business establishment serving the public, or if the

31  commission or the Attorney General fails to resolve the

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    Florida Senate - 2002                                  SB 2116
    39-1370-02




  1  complaint within 30 days after giving such notice, the person

  2  or the Attorney General on behalf of the person filing the

  3  complaint may commence a civil action in a court against the

  4  club, its officers, or its members, or such business

  5  establishment or its owners, to enforce this section.  If the

  6  court finds that a discriminatory practice occurs at the club

  7  or such business establishment, the court may enjoin the club,

  8  its officers, or its members, or such business establishment

  9  or its owners, from engaging in such practice or may order

10  other appropriate action.

11         Section 2.  This act shall take effect upon becoming a

12  law.

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15                       LEGISLATIVE SUMMARY

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      Applies to business establishments serving the public the
17    provisions prohibiting discriminatory practices that
      apply to clubs that have more than 400 members, provide
18    regular meal service, and regularly receive payment for
      dues, fees, use of space, facilities, services, meals, or
19    beverages directly or indirectly from nonmembers for
      business purposes. (See bill for details.)
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