SENATE AMENDMENT
    Bill No. CS for SB 1214
    Amendment No. ___   Barcode 265604
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                  1/AD/2R        .                    
       04/24/2003 06:22 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Smith moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 2, lines 3-20, delete those lines
15  
16  and insert:  
17         760.021  Enforcement.--
18         (1)  The Attorney General may commence a civil action
19  for damages, injunctive relief, civil penalties not to exceed
20  $10,000 per violation, or any other relief that may be
21  appropriate under law if the Attorney General has reasonable
22  cause to believe that any person or group:
23         (a)  Has engaged in a pattern or practice of
24  discrimination as defined by state law; or
25         (b)  Has been discriminated against as defined by state
26  law and such discrimination raises an issue of general public
27  importance.
28         (2)  The Attorney General may file an action under this
29  section in the circuit court of the county where the complaint
30  arises or in the circuit court for the Second Judicial Circuit
31  in and for Leon County.
                                  1
    9:16 AM   04/24/03                              s1214c1c-14m0b

SENATE AMENDMENT Bill No. CS for SB 1214 Amendment No. ___ Barcode 265604 1 (3) In any proceeding under this section, the 2 respondent may request, before any responsive pleading is due, 3 that a hearing be held no earlier than 5 days but no more than 4 30 days after the filing of the complaint, at which the court 5 shall determine whether the complaint on its face, makes a 6 prima facie showing that a pattern or practice of 7 discrimination exists or that, as a result of discrimination, 8 an issue of general public importance exists. 9 (4) The Attorney General is entitled to an award of 10 reasonable attorney's fees and costs if the Department of 11 Legal Affairs prevails in an action brought under this 12 section. 13 (5) Any damages recovered under this section shall 14 accrue to the injured party. 15 (6) Civil penalties collected under this section 16 accrue to the state and shall be deposited into the General 17 Revenue Fund unallocated. 18 19 20 ================ T I T L E A M E N D M E N T =============== 21 And the title is amended as follows: 22 On page 1, line 8, after the semicolon, 23 24 insert: 25 providing for venue; providing for a hearing to 26 determine a prima facie case; 27 28 29 30 31 2 9:16 AM 04/24/03 s1214c1c-14m0b