HB 0143A 2003
1	A bill to be entitled
2	An act relating to the Florida Civil Rights Act of 1992;
3	providing that this act shall be known by the popular name
4	the "Dr. Marvin Davies Florida Civil Rights Act"; creating
5	s. 760.021, F.S.; authorizing the Attorney General to
6	commence against a person or group perpetuating
7	discriminatory practices; providing for damages,
8	injunctive relief, and civil penalties; providing for
9	venue; providing for a hearing to determine a prima facie
10	case; providing for attorney’s fees and costs; amending s.
11	16.57, F.S.; authorizing the Attorney General to
12	investigate violations under ch. 760, F.S.; amending s.
13	760.02, F.S.; defining “public accommodations”; creating
14	760.08, F.S.; making unlawful discrimination or
15	segregation in places of public accommodation; providing
16	for construction of the act in pari materia with laws
17	enacted during the 2003 Regular Session of the
18	Legislature; providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1. This act shall be known by the popular name the
23	"Dr. Marvin Davies Florida Civil Rights Act."
24	Section 2. Section 760.021, Florida Statutes, is created
25	to read:
26	760.021 Enforcement.--
27	(1) The Attorney General may commence a civil action for
28	damages, injunctive relief, civil penalties not to exceed
29	$10,000 per violation, and such other relief as may be
30	appropriate under the laws of this state if the Attorney General
31	has reasonable cause to believe that any person or group:
32	(a) Has engaged in a pattern or practice of discrimination
33	as defined by the laws of this state; or
34	(b) Has been discriminated against as defined by the laws
35	of this state and such discrimination raises an issue of great
36	public interest.
37	(2) The Attorney General may file an action under this
38	section in the circuit court of the county where the cause of
39	action arises or in the circuit court of the Second Judicial
40	Circuit, in and for Leon County.
41	(3) In any proceeding under this section, the respondent
42	may request, before any responsive pleading is due, that a
43	hearing be held no earlier than 5 days but no more than 30 days
44	after the filing of the complaint, at which hearing the court
45	shall determine whether the complaint on its face makes a prima
46	facie showing that a pattern or practice of discrimination
47	exists or that, as a result of discrimination, an issue of great
48	public interest exists.
49	(4) The prevailing party in an action brought under this
50	section is entitled to an award of reasonable attorney’s fees
51	and costs.
52	(5) Any damages recovered under this section shall accrue
53	to the injured party.
54	Section 3. Section 16.57, Florida Statutes, is amended to
55	read:
56	16.57 Office of Civil Rights.--There is created in the
57	Department of Legal Affairs an Office of Civil Rights. The
58	office may investigate and initiate actions authorized by
59	chapter 760s. 760.51. In investigating violations of
60	constitutional and statutory rights under chapter 760s. 760.51,
61	the Attorney General may administer oaths and affirmations,
62	subpoena witnesses or matter, and collect evidence.
63	Section 4. Subsection (11) is added to section 760.02,
64	Florida Statutes, to read:
65	760.02 Definitions.--For the purposes of ss. 760.01-760.11
66	and 509.092, the term:
67	(11) “Public accommodations” means places of public
68	accommodation, lodgings, facilities principally engaged in
69	selling food for consumption on the premises, gasoline stations,
70	places of exhibition or entertainment, and other covered
71	establishments. Each of the following establishments which
72	serves the public is a place of public accommodation within the
73	meaning of this section:
74	(a) Any inn, hotel, motel, or other establishment which
75	provides lodging to transient guests, other than an
76	establishment located within a building which contains not more
77	than four rooms for rent or hire and which is actually occupied
78	by the proprietor of such establishment as his or her residence.
79	(b) Any restaurant, cafeteria, lunchroom, lunch counter,
80	soda fountain, or other facility principally engaged in selling
81	food for consumption on the premises, including, but not limited
82	to, any such facility located on the premises of any retail
83	establishment, or any gasoline station.
84	(c) Any motion picture theater, theater, concert hall,
85	sports arena, stadium, or other place of exhibition or
86	entertainment.
87	(d) Any establishment which is physically located within
88	the premises of any establishment otherwise covered by this
89	subsection, or within the premises of which is physically
90	located any such covered establishment, and which holds itself
91	out as serving patrons of such covered establishment.
92	Section 5. Section 760.08, Florida Statutes, is created to
93	read:
94	760.08 Discrimination in places of public accommodation.--
95	All persons shall be entitled to the full and equal enjoyment of
96	the goods, services, facilities, privileges, advantages, and
97	accommodations of any place of public accommodation, as defined
98	in this chapter, without discrimination or segregation on the
99	ground of race, color, national origin, sex, handicap, familial
100	status, or religion.
101	Section 6. If any law amended by this act was also amended
102	by a law enacted at the 2003 Regular Session of the Legislature,
103	such laws shall be construed as if they had been enacted at the
104	same session of the Legislature, and full effect shall be given
105	to each if possible.
106	Section 7. This act shall take effect upon becoming a law.