HB 0215 2003
1	CHAMBER ACTION
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6	The Committee on Appropriations recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to the Florida Civil Rights Act of 1992;
12	creating s. 760.021, F.S.; authorizing the Attorney
13	General to commence a civil action to obtain damages or
14	other relief for a civil rights violation under certain
15	circumstances; providing for attorney’s fees and costs;
16	amending s. 16.57, F.S.; authorizing the Attorney General
17	to investigate violations under ch. 760, F.S.; amending s.
18	760.02, F.S.; changing the threshold for an employer
19	subject to the Florida Civil Rights Act of 1992; defining
20	“public accommodations,” “support by state action,” and
21	“commerce”; creating 760.08, F.S.; making unlawful
22	discrimination or segregation in places of public
23	accommodation; providing an effective date.
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25	Be It Enacted by the Legislature of the State of Florida:
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27	Section 1. Section 760.021, Florida Statutes, is created
28	to read:
29	760.021 Enforcement.--If the Attorney General has
30	reasonable cause to believe that:
31	(1) Any person or group of persons is engaged in a pattern
32	or practice of discrimination as defined by the laws of this
33	state; or
34	(2) Any person or group of persons has been discriminated
35	against as defined by the laws of this state and such
36	discrimination raises an issue of general public importance,
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38	the Attorney General may commence a civil action in any
39	appropriate court for damages, injunctive relief, civil
40	penalties not to exceed $10,000 per violation, and such other
41	relief as may be appropriate under the circumstances. Any
42	damages recovered under this section shall accrue to the injured
43	person or group of persons. The Attorney General is entitled to
44	an award of reasonable attorney’s fees and costs if the
45	Department of Legal Affairs prevails in an action brought under
46	this section.
47	Section 2. Section 16.57, Florida Statutes, is amended to
48	read:
49	16.57 Office of Civil Rights.--There is created in the
50	Department of Legal Affairs an Office of Civil Rights. The
51	office may investigate and initiate actions authorized by
52	chapter 760s. 760.51. In investigating violations of
53	constitutional and statutory rights under chapter 760s. 760.51,
54	the Attorney General may administer oaths and affirmations,
55	subpoena witnesses or matter, and collect evidence.
56	Section 3. Subsection (7) of section 760.02, Florida
57	Statutes, is amended and subsections (11), (12), and (13) are
58	added to said section, to read:
59	760.02 Definitions.--For the purposes of ss. 760.01-760.11
60	and 509.092, the term:
61	(7) "Employer" means any person employing 1015or more
62	employees for each working day in each of 20 or more calendar
63	weeks in the current or preceding calendar year, and any agent
64	of such a person.
65	(11) “Public accommodations” means establishments
66	affecting interstate commerce or supported in their activities
67	by state action as places of public accommodation, lodgings,
68	facilities principally engaged in selling food for consumption
69	on the premises, gasoline stations, places of exhibition or
70	entertainment, and other covered establishments. Each of the
71	following establishments which serves the public is a place of
72	public accommodation within the meaning of this section if its
73	operations affect commerce, or if discrimination or segregation
74	by it is supported by state action:
75	(a) Any inn, hotel, motel, or other establishment which
76	provides lodging to transient guests, other than an
77	establishment located within a building which contains not more
78	than four rooms for rent or hire and which is actually occupied
79	by the proprietor of such establishment as his or her residence.
80	(b) Any restaurant, cafeteria, lunchroom, lunch counter,
81	soda fountain, or other facility principally engaged in selling
82	food for consumption on the premises, including, but not limited
83	to, any such facility located on the premises of any retail
84	establishment, or any gasoline station.
85	(c) Any motion picture house, theater, concert hall,
86	sports arena, stadium, or other place of exhibition or
87	entertainment.
88	(d) Any establishment which is physically located within
89	the premises of any establishment otherwise covered by this
90	subsection, or within the premises of which is physically
91	located any such covered establishment, and which holds itself
92	out as serving patrons of such covered establishment.
93	(12) “Supported by state action” means carried on under
94	color of any law, statute, ordinance, or regulation; or is
95	carried on under color of any custom or usage required or
96	enforced by officials of the state or political subdivision
97	thereof; or is required by action of the state or political
98	subdivision thereof.
99	(13) “Commerce” means travel, trade, traffic,
100	transportation, or communication among the several states, or
101	between the District of Colombia and any state, or between any
102	foreign country and any territory or possession and any state or
103	the District of Colombia, or between points in the same state
104	but through any other state or the District of Columbia or a
105	foreign country.
106	Section 4. Section 760.08, Florida Statutes, is created to
107	read:
108	760.08 Discrimination in places of public accommodation.--
109	(1) All persons shall be entitled to the full and equal
110	enjoyment of the goods, services, facilities, privileges,
111	advantages, and accommodations of any place of public
112	accommodation, as defined in this chapter, without
113	discrimination or segregation on the ground of race, color,
114	national origin, sex, handicap, familial status, or religion.
115	(2) The operations of an establishment affect commerce
116	within the meaning of this section if it is one of the
117	establishments described in s. 760.02(11)(a); in the case of an
118	establishment described in s. 760.02(11)(b), it serves or offers
119	to serve interstate travelers of a substantial portion of the
120	food which it serves, or gasoline or other products which it
121	sells, has moved in commerce; in the case of an establishment
122	described in s. 760.02(11)(c), it customarily presents films,
123	performances, athletic teams, exhibitions, or other sources of
124	entertainment which move in commerce; and in the case of an
125	establishment described in s. 760.02(11)(d), it is physically
126	located within the premises of, or there is physically located
127	within its premises, an establishment the operations of which
128	affect commerce within the meaning of this subsection.
129	Section 5. This act shall take effect upon becoming a law.
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