Senate Bill sb0620c1

    Florida Senate - 2001                            CS for SB 620

    By the Committee on Judiciary and Senators Meek and Campbell





    308-1828-01

  1                      A bill to be entitled

  2         An act relating to discrimination in the

  3         treatment of persons; amending s. 16.57, F.S.;

  4         providing for the Attorney General to

  5         investigate violations of rights secured by

  6         state law; amending s. 760.34, F.S.;

  7         authorizing the Attorney General to intervene

  8         in certain civil actions to enforce compliance

  9         with part II of ch. 760, F.S.; authorizing the

10         Attorney General to commence a civil action to

11         obtain damages or other relief for a violation

12         of rights secured by the State Constitution or

13         state law; providing for a civil penalty;

14         providing for attorney's fees and costs;

15         amending s. 760.11, F.S.; authorizing the

16         Attorney General to intervene in certain civil

17         actions to enforce compliance with part I of

18         ch. 760, F.S.; authorizing the Attorney General

19         to commence a civil action to obtain damages or

20         other relief for a violation of rights secured

21         by the State Constitution or state law;

22         providing for a civil penalty; providing for

23         attorney's fees and costs; providing an

24         effective date.

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

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28         Section 1.  Section 16.57, Florida Statutes, is amended

29  to read:

30         16.57  Office of Civil Rights.--There is created in the

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

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    Florida Senate - 2001                            CS for SB 620
    308-1828-01




  1  office may investigate and initiate actions authorized by s.

  2  760.51.  In investigating violations of constitutional rights

  3  or rights secured by the laws of this state under s. 760.51,

  4  the Attorney General may administer oaths and affirmations,

  5  subpoena witnesses or matter, and collect evidence.

  6         Section 2.  Subsections (16) and (17) are added to

  7  section 760.11, Florida Statutes, to read:

  8         760.11  Administrative and civil remedies;

  9  construction.--

10         (16) Upon timely application, the Attorney General may

11  intervene in a civil action by a private person, the

12  commission, or any local agency to enforce compliance with

13  this part if the Attorney General certifies that the case is

14  of general public importance. Upon such intervention, the

15  Attorney General may obtain any relief that is available to

16  the Attorney General under subsection (17) in a civil action

17  to which that subsection applies.

18         (17) If the Attorney General has reasonable cause to

19  believe that any person or group of persons is engaged in a

20  pattern or practice of resistance to the full enjoyment of any

21  of the rights secured by the State Constitution or the laws of

22  this state, that any person or group of persons has been

23  denied any of the rights secured by the State Constitution or

24  the laws of this state, or that any person or group of persons

25  has otherwise attempted to interfere with those rights, and if

26  such denial or attempted interference raises an issue of

27  general public importance, the Attorney General may commence a

28  civil action in any appropriate state or federal court.  In a

29  civil action brought by the Attorney General, the court may

30  award damages or injunctive or other appropriate relief for

31  violations of the rights secured by the State Constitution or

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    Florida Senate - 2001                            CS for SB 620
    308-1828-01




  1  the laws of this state and may impose a civil penalty of not

  2  more than $10,000 for each violation. The Attorney General is

  3  entitled to reasonable attorney's fees and costs if the

  4  Department of Legal Affairs prevails in an action brought

  5  under this subsection.

  6         Section 3.  Subsections (9) and (10) are added to

  7  section 760.34, Florida Statutes, to read:

  8         760.34  Enforcement.--

  9         (9)  Upon timely application, the Attorney General may

10  intervene in a civil action by a private person, the

11  commission, or any local agency to enforce compliance with

12  this part if the Attorney General certifies that the case is

13  of general public importance. Upon such intervention the

14  Attorney General may obtain any relief that is available to

15  the Attorney General under subsection (10) in a civil action

16  to which that subsection applies.

17         (10)  If the Attorney General has reasonable cause to

18  believe that any person or group of persons is engaged in a

19  pattern or practice of resistance to the full enjoyment of any

20  of the rights secured by the State Constitution or the laws of

21  this state, that any person or group of persons has been

22  denied any of the rights secured by the State Constitution or

23  the laws of this state, or that any person or group of persons

24  has otherwise attempted to interfere with those rights, and

25  such denial or attempted interference raises an issue of

26  general public importance, the Attorney General may commence a

27  civil action in any appropriate state or federal court. In a

28  civil action brought by the Attorney General, the court may

29  award damages or injunctive or other appropriate relief for

30  violations of the rights secured by the State Constitution or

31  the laws of this state and may impose a civil penalty of not

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    Florida Senate - 2001                            CS for SB 620
    308-1828-01




  1  more than $10,000 for each violation. The Attorney General is

  2  entitled to reasonable attorney's fees and costs if the

  3  Department of Legal Affairs prevails in an action brought

  4  under this subsection.

  5         Section 4.  This act shall take effect July 1, 2001.

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    Florida Senate - 2001                            CS for SB 620
    308-1828-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 620

  3

  4  Removes from the bill the definitions of the terms "Place of
    public accommodation" and "Undue burden", which were being
  5  added to s. 706.02, F.S., the definition section of the
    Florida Civil Rights Act of 1992.
  6
    Removes the provisions from the bill which would have expanded
  7  the scope of the Florida Civil Rights Act of 1992 to include
    unlawful discriminatory practices against disabled individuals
  8  by places of public accommodation.

  9  Modifies the changes to s. 760.11, F.S., which is the
    administrative and civil remedies section of the Florida Civil
10  Rights Act of 1992, to clarify that the Attorney General may
    intervene, upon certification that a case is of general public
11  importance, in a civil action brought by an individual under
    the Florida Civil Rights Act of 1992. Also provides the
12  Attorney General with authority to commence a civil action
    under the Florida Civil Rights Act of 1992 and seek damages,
13  injunctive relief, civil penalties of no more than $10,000 for
    each violation of the act, attorney's fees and costs.
14
    Modifies the changes to s. 760.34, F.S., which is the
15  enforcement section of the Fair Housing Act, to clarify that
    the Attorney General may intervene, upon certification that a
16  case is of general public importance, in a civil action
    brought by an individual under the Fair Housing Act. Also
17  provides the Attorney General with authority to commence a
    civil action under the Fair Housing Act and seek damages,
18  injunctive relief, civil penalties of no more than $10,000 for
    each violation of the act, attorney's fees and costs.
19
    Removes the provisions from the bill which would have given
20  the Attorney General express authority to investigate private
    clubs accused of discriminatory practices under s. 760.60,
21  F.S. The provisions allowing for the recovery of actual and
    punitive damages, as well as attorney's fees and costs, were
22  also removed. Likewise, the provisions allowing the
    commencement of an administrative proceeding under chapter
23  120, F.S., were removed.

24  Removes the provisions from the bill which would have amended
    s. 760.80, F.S., pertaining to minority representation on
25  boards, commissions, councils, and committees.

26  Removes the provisions from the bill which would have amended
    s. 413.08, F.S., pertaining to rights of physically disabled
27  persons who use guide dogs.

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