HB 0199 2004
1	A bill to be entitled
2	An act relating to discriminatory practices in public food
3	service establishments; creating s. 760.61, F.S.; defining
4	terms; prohibiting discrimination in specified public food
5	service establishments against persons who operate
6	motorcycles or wear certain clothing; providing for the
7	filing of complaints with the Commission on Human
8	Relations or Attorney General's Office of Civil Rights;
9	providing for filing a civil action under certain
10	circumstances; authorizing the court to issue an
11	injunction; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Section 760.61, Florida Statutes, is created to
16	read:
17	760.61 Restrictions on discrimination by public food
18	service establishments.--
19	(1) As used in this section, the term:
20	(a) "Public food service establishment" has the same
21	meaning as in s. 509.013.
22	(b) "Formal dress code" means a written policy that is
23	prominently posted at the entrance of a public food service
24	establishment and that requires the public to wear a suit,
25	dress, jacket, or tie for admission to such establishment.
26	(2) It is unlawful for a public food service
27	establishment, except those establishments that maintain a
28	formal dress code, to discriminate by restricting admission to a
29	person solely because the person operates a motorcycle or is
30	wearing clothing that displays the name of a motorcyclist
31	organization or association.
32	(3) This section does not prohibit the restriction of
33	admission to a person because the person's conduct poses a risk
34	to the health, safety, or property of another.
35	(4) A person who has been discriminated against in
36	violation of this section may file a complaint with the
37	Commission on Human Relations or with the Attorney General's
38	Office of Civil Rights. A complaint must be in writing and must
39	contain the information and be in the form that the commission
40	requires. Upon receipt of a complaint, the commission or the
41	Attorney General shall provide a copy to the person who
42	represents the public food service establishment. Within 30 days
43	after receiving a complaint, the commission or the Attorney
44	General shall investigate the alleged discrimination and give
45	notice in writing to the person who filed the complaint if it
46	intends to resolve the complaint. If the commission or the
47	Attorney General decides to resolve the complaint, it shall
48	attempt to eliminate or correct the alleged discriminatory
49	practices of the public food service establishment by informal
50	methods of conference, conciliation, and persuasion.
51	(5) If the commission or the Attorney General fails,
52	within 30 days after receiving a complaint filed pursuant to
53	subsection (2), to give notice of its intent to eliminate or
54	correct the alleged discriminatory practices of a public food
55	service establishment or if the commission or the Attorney
56	General fails to resolve the complaint within 30 days after
57	giving such notice, the person or the Attorney General on behalf
58	of the person filing the complaint may commence a civil action
59	in a court against the owners of the public food service
60	establishment to enforce this section. If the court finds that a
61	discriminatory practice occurs at the public food service
62	establishment, the court may enjoin the owners of the public
63	food service establishment from engaging in such practice.
64	Section 2. This act shall take effect upon becoming a law.