Senate Bill sb1502c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                           CS for SB 1502

    By the Committee on Commerce, Economic Opportunities, and
    Consumer Services; and Senator Campbell




    310-2112-03

  1                      A bill to be entitled

  2         An act relating to discriminatory practices;

  3         amending s. 760.60, F.S.; prohibiting certain

  4         clubs and business establishments serving the

  5         public from discriminating against an

  6         individual because of specified reasons;

  7         applying to those business establishments the

  8         provisions applicable to certain clubs

  9         prohibiting certain discriminatory practices;

10         providing for filing complaints with the

11         Commission on Human Relations; providing for

12         filing civil actions under certain

13         circumstances; providing an effective date.

14  

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

16  

17         Section 1.  Section 760.60, Florida Statutes, is

18  amended to read:

19         760.60  Discriminatory practices of certain clubs or

20  business establishments prohibited; remedies.--

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

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

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

24  recreational clothing, mode of transportation, or marital

25  status in evaluating an application for membership in a club

26  that has more than 400 members, that provides regular meal

27  service, and that regularly receives payment for dues, fees,

28  use of space, facilities, services, meals, or beverages

29  directly or indirectly from nonmembers for business purposes.

30  It is unlawful for such a club, or for any business

31  establishment serving the public, to discriminate against any

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    Florida Senate - 2003                           CS for SB 1502
    310-2112-03




 1  individual by denying to the individual the accommodations,

 2  advantages, facilities, membership, or privileges of the club

 3  or business establishment because of race, color, religion,

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

 5  recreational clothing, mode of transportation, or marital

 6  status. It is unlawful for a person, on behalf of such a club

 7  or any business establishment serving the public, to publish,

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

 9  notice, or solicitation that contains a statement to the

10  effect that the accommodations, advantages, facilities,

11  membership, or privileges of the club or business

12  establishment are denied to any individual because of race,

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

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

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

16  or benevolent organizations, ethnic clubs, or religious

17  organizations where business activity is not prevalent.

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

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

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

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

22  such information and be in such form as the commission

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

24  Attorney General shall provide a copy to the person who

25  represents the club or business establishment. Within 30 days

26  after receiving a complaint, the commission or the Attorney

27  General shall investigate the alleged discrimination and give

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

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

30  Attorney General decides to resolve the complaint, it shall

31  attempt to eliminate or correct the alleged discriminatory

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    Florida Senate - 2003                           CS for SB 1502
    310-2112-03




 1  practices of a club, or business establishment serving the

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

 3  persuasion.

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

 5  within 30 days after receiving a complaint filed pursuant to

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

 7  correct the alleged discriminatory practices of a club, or

 8  business establishment serving the public, or if the

 9  commission or the Attorney General fails to resolve the

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

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

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

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

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

15  court finds that a discriminatory practice occurs at the club

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

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

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

19  other appropriate action.

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

21  law.

22  

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                         Senate Bill 1502

25                                 

26  The committee substitute prohibits certain clubs from
    discriminating against an individual in evaluating an
27  application for membership because of recreational clothing or
    mode of transportation. The committee substitute also
28  prohibits certain clubs or business establishments serving the
    public from discriminating against an individual by denying
29  the accommodations, advantages, facilities, membership, or
    privileges of the club or business establishment because of
30  race, color, religion, gender, national origin, handicap, age
    above the age of 21, recreational clothing, mode of
31  transportation, or marital status.

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