HB 0179 2003
1	A bill to be entitled
2	An act relating to discriminatory practices; amending s.
3	760.60, F.S.; applying to business establishments serving
4	the public the provisions applicable to certain clubs
5	prohibiting certain discriminatory practices; providing
6	for filing complaints with the Commission on Human
7	Relations; providing for filing civil actions under
8	certain circumstances; providing an effective date.
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10	Be It Enacted by the Legislature of the State of Florida:
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12	Section 1. Section 760.60, Florida Statutes, is amended to
13	read:
14	760.60 Discriminatory practices of certain clubsor
15	business establishmentsprohibited; remedies.--
16	(1) It is unlawful for a person to discriminate against
17	any individual because of race, color, religion, gender,
18	national origin, handicap, age above the age of 21, or marital
19	status in evaluating an application for membership in a club
20	that has more than 400 members, that provides regular meal
21	service, and that regularly receives payment for dues, fees, use
22	of space, facilities, services, meals, or beverages directly or
23	indirectly from nonmembers for business purposes. It is unlawful
24	for a person, on behalf of such a clubor any business
25	establishment serving the public, to publish, circulate, issue,
26	display, post, or mail any advertisement, notice, or
27	solicitation that contains a statement to the effect that the
28	accommodations, advantages, facilities, membership, or
29	privileges of the clubor business establishmentare denied to
30	any individual because of race, color, religion, gender,
31	national origin, handicap, age above the age of 21,recreational
32	clothing, mode of transportation,or marital status. This
33	subsection does not apply to fraternal or benevolent
34	organizations, ethnic clubs, or religious organizations where
35	business activity is not prevalent.
36	(2) A person who has been discriminated against in
37	violation of this act may file a complaint with the Commission
38	on Human Relations or with the Attorney General's Office of
39	Civil Rights. A complaint must be in writing and must contain
40	such information and be in such form as the commission requires.
41	Upon receipt of a complaint, the commission or the Attorney
42	General shall provide a copy to the person who represents the
43	clubor business establishment. Within 30 days after receiving a
44	complaint, the commission or the Attorney General shall
45	investigate the alleged discrimination and give notice in
46	writing to the person who filed the complaint if it intends to
47	resolve the complaint. If the commission or the Attorney General
48	decides to resolve the complaint, it shall attempt to eliminate
49	or correct the alleged discriminatory practices of a club, or
50	business establishment serving the public,by informal methods
51	of conference, conciliation, and persuasion.
52	(3) If the commission or the Attorney General fails,
53	within 30 days after receiving a complaint filed pursuant to
54	subsection (2), to give notice of its intent to eliminate or
55	correct the alleged discriminatory practices of a club, or
56	business establishment serving the public,or if the commission
57	or the Attorney General fails to resolve the complaint within 30
58	days after giving such notice, the person or the Attorney
59	General on behalf of the person filing the complaint may
60	commence a civil action in a court against the club, its
61	officers, or its members, or such business establishment or its
62	owners,to enforce this section. If the court finds that a
63	discriminatory practice occurs at the clubor such business
64	establishment, the court may enjoin the club, its officers, or
65	its members, or such business establishment or its owners,from
66	engaging in such practice or may order other appropriate action.
67	Section 2. This act shall take effect upon becoming a law.
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