Senate Bill sb1502c2

    Florida Senate - 2003                    CS for CS for SB 1502

    By the Committees on Governmental Oversight and Productivity;
    Commerce, Economic Opportunities, and Consumer Services; and
    Senator Campbell



    302-2394-03

  1                      A bill to be entitled

  2         An act relating to discriminatory practices in

  3         public food service establishments; creating s.

  4         760.61, F.S.; defining terms; prohibiting

  5         discrimination in specified public food service

  6         establishments against persons who operate

  7         motorcycles or wear certain clothing; providing

  8         for the filing of complaints with the

  9         Commission on Human Relations or Attorney

10         General's office; providing for filing civil

11         actions under certain circumstances; providing

12         an effective date.

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

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16         Section 1.  Section 760.61, Florida Statutes, is

17  created to read:

18         760.61  Restrictions on discrimination by public food

19  service establishments.--

20         (1)  As used in this section, the term:

21         (a)  "Public food service establishment" has the same

22  meaning as in s. 509.013(5).

23         (b)  "Formal dress code" means a written policy that is

24  prominently posted at the entrance of a public food service

25  establishment and that requires the public to wear a suit,

26  dress, jacket, or tie for admission to such establishment.

27         (2)  It is unlawful for a public food service

28  establishment, except such establishments that maintain a

29  formal dress code, to discriminate by restricting admission to

30  a person solely because the person operates a motorcycle or is

31  

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






    Florida Senate - 2003                    CS for CS for SB 1502
    302-2394-03




 1  wearing clothing that displays the name of a motorcyclist

 2  organization or association.

 3         (3)  This section does not prohibit the restriction of

 4  admission to a person because the person's conduct poses a

 5  risk to the health, safety, or property of another.

 6         (4)  A person who has been discriminated against in

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

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

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

10  such information and be in such form as the commission

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

12  Attorney General shall provide a copy to the person who

13  represents the public food service establishment. Within 30

14  days after receiving a complaint, the commission or the

15  Attorney General shall investigate the alleged discrimination

16  and give notice in writing to the person who filed the

17  complaint if it intends to resolve the complaint. If the

18  commission or the Attorney General decides to resolve the

19  complaint, it shall attempt to eliminate or correct the

20  alleged discriminatory practices of the public food service

21  establishment by informal methods of conference, conciliation,

22  and persuasion.

23         (5)  If the commission or the Attorney General fails,

24  within 30 days after receiving a complaint filed pursuant to

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

26  correct the alleged discriminatory practices of a public food

27  service establishment or if the commission or the Attorney

28  General fails to resolve the complaint within 30 days after

29  giving such notice, the person or the Attorney General on

30  behalf of the person filing the complaint may commence a civil

31  action in a court against the owners of the public food

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    Florida Senate - 2003                    CS for CS for SB 1502
    302-2394-03




 1  service establishment to enforce this section. If the court

 2  finds that a discriminatory practice occurs at the public food

 3  service establishment, the court may enjoin the owners of the

 4  public food service establishment from engaging in such

 5  practice.

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

 7  law.

 8  

 9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                          CS for SB 1502

11                                 

12  Creates s. 760.61, F.S. Defines terms. Provides that it is
    unlawful for certain public food service establishments to
13  restrict admission to a person solely because the person
    operates a motorcycle or is wearing certain clothing. Provides
14  for informal resolution by the Attorney General or the
    Commission on Human Relations of violations. Permits civil
15  injunctive relief if informal resolution fails.

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