Senate Bill sb0046A

    Florida Senate - 2003                                  SB 46-A

    By Senators Villalobos, Smith, Miller and Diaz de la Portilla





    38-2625-03

  1                      A bill to be entitled

  2         An act relating to the Florida Civil Rights Act

  3         of 1992; providing a short title; creating s.

  4         760.021, F.S.; authorizing the Attorney General

  5         to commence a civil action against a person or

  6         group perpetuating discriminatory practices;

  7         providing for damages, injunctive relief, and

  8         civil penalties; providing for venue; providing

  9         for a hearing to determine a prima facie case;

10         providing for attorney's fees and costs;

11         amending s. 16.57, F.S.; authorizing the

12         Attorney General to investigate violations

13         under the Florida Civil Rights Act of 1992;

14         amending s. 760.02, F.S.; defining the term

15         "public accommodations"; creating 760.08, F.S.;

16         making unlawful discrimination or segregation

17         in places of public accommodation; providing

18         for construction of the act in pari materia

19         with laws enacted during the 2003 Regular

20         Session of the Legislature; providing an

21         effective date.

22  

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

24  

25         Section 1.  This act may be cited as the "Dr. Marvin

26  Davies Florida Civil Rights Act."

27         Section 2.  Section 760.021, Florida Statutes, is

28  created to read:

29         760.021  Enforcement.--

30         (1)  The Attorney General may commence a civil action

31  for damages, injunctive relief, civil penalties not to exceed

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    Florida Senate - 2003                                  SB 46-A
    38-2625-03




 1  $10,000 per violation, or any other relief that may be

 2  appropriate under law if the Attorney General has reasonable

 3  cause to believe that any person or group:

 4         (a)  Has engaged in a pattern or practice of

 5  discrimination as defined by state law; or

 6         (b)  Has been discriminated against as defined by state

 7  law and such discrimination raises an issue of great public

 8  interest.

 9         (2)  The Attorney General may file an action under this

10  section in the circuit court of the county where the cause of

11  action arises or in the circuit court for the Second Judicial

12  Circuit in and for Leon County.

13         (3)  In any proceeding under this section, the

14  respondent may request, before any responsive pleading is due,

15  that a hearing be held no earlier than 5 days but no more than

16  30 days after the filing of the complaint, at which the court

17  shall determine whether the complaint on its face, makes a

18  prima facie showing that a pattern or practice of

19  discrimination exists or that, as a result of discrimination,

20  an issue of general public importance exists.

21         (4)  The prevailing party in an action brought under

22  this section is entitled to an award of reasonable attorney's

23  fees and costs.

24         (5)  Any damages recovered under this section shall

25  accrue to the injured party.

26         Section 3.  Section 16.57, Florida Statutes, is amended

27  to read:

28         16.57  Office of Civil Rights.--There is created in the

29  Department of Legal Affairs an Office of Civil Rights.  The

30  office may investigate and initiate actions authorized by

31  chapter 760 s. 760.51. In investigating violations of

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    Florida Senate - 2003                                  SB 46-A
    38-2625-03




 1  constitutional and statutory rights under chapter 760 s.

 2  760.51, the Attorney General may administer oaths and

 3  affirmations, subpoena witnesses or matter, and collect

 4  evidence.

 5         Section 4.  Subsection (11) is added to section 760.02,

 6  Florida Statutes, to read:

 7         760.02  Definitions.--For the purposes of ss.

 8  760.01-760.11 and 509.092, the term:

 9         (11)  "Public accommodations" means places of public

10  accommodation, lodgings, facilities principally engaged in

11  selling food for consumption on the premises, gasoline

12  stations, places of exhibition or entertainment, and other

13  covered establishments. Each of the following establishments

14  that serves the public is a place of public accommodation

15  within the meaning of this section:

16         (a)  Any inn, hotel, motel, or other establishment that

17  provides lodging to transient guests, other than an

18  establishment located within a building that contains not more

19  than four rooms for rent or hire and that is actually occupied

20  by the proprietor of such establishment as his or her

21  residence.

22         (b)  Any restaurant, cafeteria, lunchroom, lunch

23  counter, soda fountain, or other facility principally engaged

24  in selling food for consumption on the premises, including,

25  but not limited to, any such facility located on the premises

26  of any retail establishment, or any gasoline station.

27         (c)  Any motion picture house, theater, concert hall,

28  sports arena, stadium, or other place of exhibition or

29  entertainment.

30         (d)  Any establishment that is physically located

31  within the premises of any establishment otherwise covered by

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    Florida Senate - 2003                                  SB 46-A
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 1  this subsection, or within the premises of which is physically

 2  located any such covered establishment, and that holds itself

 3  out as serving patrons of such covered establishment.

 4         Section 5.  Section 760.08, Florida Statutes, is

 5  created to read:

 6         760.08  Discrimination in places of public

 7  accommodation.--All persons shall be entitled to the full and

 8  equal enjoyment of the goods, services, facilities,

 9  privileges, advantages, and accommodations of any place of

10  public accommodation, as defined in this chapter, without

11  discrimination or segregation on the ground of race, color,

12  national origin, gender, handicap, familial status, or

13  religion.

14         Section 6.  If any law amended by this act was also

15  amended by a law enacted at the 2003 Regular Session of the

16  Legislature, such laws shall be construed as if they had been

17  enacted during the same session of the Legislature, and full

18  effect shall be given to each if possible.

19         Section 7.  This act shall take effect upon becoming a

20  law.

21  

22            *****************************************

23                          SENATE SUMMARY

24    Creates the "Dr. Marvin Davies Florida Civil Rights Act."
      Authorizes the Attorney General to commence a civil
25    action against a person or group perpetuating
      discriminatory practices. Provides for damages,
26    injunctive relief, and civil penalties. Defines the term
      "public accommodations." (See bill for details.)
27  

28  

29  

30  

31  

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