HOUSE AMENDMENT Bill No. SB 1214
1	CHAMBER ACTION
2	Senate House
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12	Representative Kottkamp offered the following:
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14	Amendment (with title amendment)
15	Remove everything after the enacting clause
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17	and insert:
18	Section 1. This act shall be known by the popular name the
19	"Dr. Marvin Davies Florida Civil Rights Act."
20	Section 2. Section 760.021, Florida Statutes, is created
21	to read:
22	760.021 Enforcement.--
23	(1) The Attorney General may commence a civil action for
24	damages, injunctive relief, and civil penalties not to exceed
25	$10,000 per violation, or any other relief that may be
26	appropriate under law if the Attorney General has reasonable
27	cause to believe that:
28	(a) Any person or group of persons is engaged in a pattern
29	or practice of discrimination as defined by the laws of this
30	state; or
31	(b) Any person or group of persons has been discriminated
32	against as defined by the laws of this state and such
33	discrimination raises an issue of general public interest.
34	(2) The Attorney General may file an action under this
35	section in the circuit court of the county where the complaint
36	arises or in the circuit court for the Second Judicial Circuit
37	in and for Leon County.
38	(3) In any proceeding under this section, the respondent
39	may request, before any responsive pleading is due, that a
40	hearing be held no earlier than 5 days but no more than 30 days
41	after the filing of the complaint at which the court shall
42	determine whether the complaint on its face makes a prima facie
43	showing that a pattern or practice of discrimination exists or
44	that, as a result of discrimination, an issue of great public
45	interest exists.
46	(4) The Attorney General is entitled to an award of
47	reasonable attorney's fees and costs if the Department of Legal
48	Affairs prevails in an action brought under this section.
49	(5) Any damages recovered under this section shall accrue
50	to the injured party.
51	(6) Civil penalties collected under this section accrue to
52	the state and shall be deposited into the General Revenue Fund
53	unallocated.
54	Section 3. Section 16.57, Florida Statutes, is amended to
55	read:
56	16.57 Office of Civil Rights.--There is created in the
57	Department of Legal Affairs an Office of Civil Rights. The
58	office may investigate and initiate actions authorized by
59	chapter 760s. 760.51. In investigating violations of
60	constitutional and statutory rights under chapter 760s. 760.51,
61	the Attorney General may administer oaths and affirmations,
62	subpoena witnesses or matter, and collect evidence.
63	Section 4. Subsection (11) is added to section 760.02,
64	Florida Statutes, to read:
65	760.02 Definitions.--For the purposes of ss. 760.01-760.11
66	and 509.092, the term:
67	(11) “Public accommodations” means places of public
68	accommodation, lodgings, facilities principally engaged in
69	selling food for consumption on the premises, gasoline stations,
70	places of exhibition or entertainment, and other covered
71	establishments. Each of the following establishments which
72	serves the public is a place of public accommodation within the
73	meaning of this section:
74	(a) Any inn, hotel, motel, or other establishment which
75	provides lodging to transient guests, other than an
76	establishment located within a building which contains not more
77	than four rooms for rent or hire and which is actually occupied
78	by the proprietor of such establishment as his or her residence.
79	(b) Any restaurant, cafeteria, lunchroom, lunch counter,
80	soda fountain, or other facility principally engaged in selling
81	food for consumption on the premises, including, but not limited
82	to, any such facility located on the premises of any retail
83	establishment, or any gasoline station.
84	(c) Any motion picture house, theater, concert hall,
85	sports arena, stadium, or other place of exhibition or
86	entertainment.
87	(d) Any establishment which is physically located within
88	the premises of any establishment otherwise covered by this
89	subsection, or within the premises of which is physically
90	located any such covered establishment, and which holds itself
91	out as serving patrons of such covered establishment.
92	Section 5. Section 760.08, Florida Statutes, is created to
93	read:
94	760.08 Discrimination in places of public accommodation.--
95	All persons shall be entitled to the full and equal enjoyment of
96	the goods, services, facilities, privileges, advantages, and
97	accommodations of any place of public accommodation, as defined
98	in this chapter, without discrimination or segregation on the
99	ground of race, color, national origin, sex, handicap, familial
100	status, or religion.
101	Section 6. This act shall take effect upon becoming a law.
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103	================= T I T L E A M E N D M E N T =================
104	Remove the entire title
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106	and insert:
107	A bill to be entitled
108	An act relating to the Florida Civil Rights Act of 1992;
109	providing that this act shall be known by the popular name
110	the "Dr. Marvin Davies Florida Civil Rights Act"; creating
111	s. 760.021, F.S.; authorizing the Attorney General to
112	commence a civil action to obtain damages or other relief
113	for a civil rights violation under certain circumstances;
114	providing for damages, injunctive relief, and civil
115	penalties; providing for venue; providing for a hearing to
116	determine a prima facie case; providing for attorney's
117	fees and costs; providing for allocation of damages;
118	providing for a deposit of civil penalties into General
119	Revenue Fund; amending s. 16.57, F.S.; authorizing the
120	Attorney General to investigate violations under ch. 760,
121	F.S.; amending s. 760.02, F.S.; defining “public
122	accommodations”; creating 760.08, F.S.; making unlawful
123	discrimination or segregation in places of public
124	accommodation; providing an effective date.
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