Florida Senate - 2015                                    SB 1464
       
       
        
       By Senator Dean
       
       
       
       
       
       5-00284B-15                                           20151464__
    1                        A bill to be entitled                      
    2         An act relating to public facilities; providing a
    3         purpose and legislative findings; creating s. 398.01,
    4         F.S.; defining terms; providing penalties for
    5         specified crimes; providing for a private cause of
    6         action for damages, costs, and fees; providing for
    7         liability for an owner of public accommodations under
    8         certain circumstances for damages, costs, and fees;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Purpose; legislative findings.—
   14         (1) The purpose of this act is to secure privacy and safety
   15  for all individuals using public facilities.
   16         (2) The Legislature finds that:
   17         (a) There is an expectation of privacy in public
   18  facilities.
   19         (b) Public facilities are places of increased vulnerability
   20  and present the potential for crimes against individuals using
   21  those facilities, including, but not limited to, harassment,
   22  lewd behavior, assault, battery, molestation, rape, and
   23  voyeurism.
   24         Section 2. Section 398.01, Florida Statutes, is created to
   25  read:
   26         398.01 Privacy for persons using public facilities.—
   27         (1) DEFINITIONS.—For purposes of this section, the term:
   28         (a) “Public accommodations” means places of public
   29  accommodation, lodgings, facilities principally engaged in
   30  selling food for consumption on the premises, gasoline stations,
   31  places of exhibition or entertainment, and other covered
   32  establishments. Each of the following establishments which
   33  serves the public is a place of public accommodation within the
   34  meaning of this section:
   35         1. Any inn, hotel, motel, or other establishment which
   36  provides lodging to transient guests, other than an
   37  establishment located within a building which contains not more
   38  than four rooms for rent or hire and which is actually occupied
   39  by the proprietor of such establishment as his or her residence.
   40         2. Any restaurant, cafeteria, lunchroom, lunch counter,
   41  soda fountain, or other facility principally engaged in selling
   42  food for consumption on the premises, including, but not limited
   43  to, any such facility located on the premises of any retail
   44  establishment, or any gasoline station.
   45         3. Any motion picture theater, theater, concert hall,
   46  sports arena, stadium, or other place of exhibition or
   47  entertainment.
   48         4. Any establishment which is physically located within the
   49  premises of any establishment otherwise covered by this
   50  subsection, or within the premises of which is physically
   51  located in any such covered establishment, and which holds
   52  itself out as serving patrons of such covered establishment.
   53         (b) “Public facilities” means bathrooms, restrooms,
   54  dressing rooms, fitting rooms, locker rooms, showers, and other
   55  similar facilities where there is a reasonable expectation of
   56  privacy; that are maintained by an owner of public
   57  accommodations, a school, or a place of employment; and that are
   58  designed or designated to be used by more than one person at a
   59  time.
   60         (2) PROHIBITED CONDUCT.—A person who knowingly and
   61  willfully enters a public facility with the intent to harass or
   62  engage in harassment, lewd behavior, assault, battery,
   63  molestation, rape, or voyeurism commits a felony of the second
   64  degree, punishable as provided in s. 775.082 or s. 775.083.
   65         (3) PRIVATE CAUSE OF ACTION.—
   66         (a) A person who knowingly and willfully enters a public
   67  facility with the intent to harass or engage in harassment, lewd
   68  behavior, assault, battery, molestation, rape, or voyeurism is
   69  liable in a civil action to any person who is using the public
   70  facility at the time of the unlawful entry for the damages
   71  caused by the unlawful entry, together with reasonable attorney
   72  fees and costs.
   73         (b) An owner of public accommodations, a school, or a place
   74  of employment who maintains public facilities and advertises,
   75  promotes, or encourages use of those facilities in violation of
   76  subsection (2), or fails to take reasonable remedial measures
   77  after learning of such use, is liable in a civil action to any
   78  person who is lawfully using those facilities at the time of the
   79  unlawful entry for the damages caused by the unlawful entry,
   80  together with reasonable attorney fees and costs.
   81         Section 3. This act shall take effect October 1, 2015.