Senate Bill sb1502

    Florida Senate - 2003                                  SB 1502

    By Senator Campbell





    32-915-03                                           See HB 179

  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         providing for filing complaints with the

  8         Commission on Human Relations; providing for

  9         filing civil actions under certain

10         circumstances; providing an effective date.

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

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14         Section 1.  Section 760.60, Florida Statutes, is

15  amended to read:

16         760.60  Discriminatory practices of certain clubs or

17  business establishments prohibited; remedies.--

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

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

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

21  marital status in evaluating an application for membership in

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

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

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

25  directly or indirectly from nonmembers for business purposes.

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

27  business establishment serving the public, to publish,

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

29  notice, or solicitation that contains a statement to the

30  effect that the accommodations, advantages, facilities,

31  membership, or privileges of the club or business

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1502
    32-915-03                                           See HB 179




  1  establishment are denied to any individual because of race,

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

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

  4  or marital status. This subsection does not apply to fraternal

  5  or benevolent organizations, ethnic clubs, or religious

  6  organizations where business activity is not prevalent.

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

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

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

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

11  such information and be in such form as the commission

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

13  Attorney General shall provide a copy to the person who

14  represents the club or business establishment. Within 30 days

15  after receiving a complaint, the commission or the Attorney

16  General shall investigate the alleged discrimination and give

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

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

19  Attorney General decides to resolve the complaint, it shall

20  attempt to eliminate or correct the alleged discriminatory

21  practices of a club, or business establishment serving the

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

23  persuasion.

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

25  within 30 days after receiving a complaint filed pursuant to

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

27  correct the alleged discriminatory practices of a club, or

28  business establishment serving the public, or if the

29  commission or the Attorney General fails to resolve the

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

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

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    Florida Senate - 2003                                  SB 1502
    32-915-03                                           See HB 179




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

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

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

  4  court finds that a discriminatory practice occurs at the club

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

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

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

  8  other appropriate action.

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

10  law.

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CODING: Words stricken are deletions; words underlined are additions.