HOUSE AMENDMENT Bill No. SB 1214
1	CHAMBER ACTION
2	Senate House
3	.
4	.
5	.
6
7
8
9
10
11
12	Representative Kottkamp offered the following:
13
14	Amendment (with directory and title amendments)
15	Remove everything after the enacting clause
16
17	and insert:
18	Section 1. This act shall be known by the popular name the
19	"Dr. Marvin Davies Florida Civil Rights Act."
20	Section 2. Section 760.021, Florida Statutes, is created
21	to read:
22	760.021 Enforcement.--If the Attorney General has
23	reasonable cause to believe that:
24	(1) Any person or group of persons is engaged in a pattern
25	or practice of discrimination as defined by the laws of this
26	state; or
27	(2) Any person or group of persons has been discriminated
28	against as defined by the laws of this state and such
29	discrimination raises an issue of general public importance,
30
31	the Attorney General may commence a civil action in any
32	appropriate court for damages, injunctive relief, civil
33	penalties not to exceed $10,000 per violation, and such other
34	relief as may be appropriate under the circumstances. Any
35	damages recovered under this section shall accrue to the injured
36	person or group of persons. The Attorney General is entitled to
37	an award of reasonable attorney’s fees and costs if the
38	Department of Legal Affairs prevails in an action brought under
39	this section.
40	Section 3. Section 16.57, Florida Statutes, is amended to
41	read:
42	16.57 Office of Civil Rights.--There is created in the
43	Department of Legal Affairs an Office of Civil Rights. The
44	office may investigate and initiate actions authorized by
45	chapter 760s. 760.51. In investigating violations of
46	constitutional and statutory rights under chapter 760s. 760.51,
47	the Attorney General may administer oaths and affirmations,
48	subpoena witnesses or matter, and collect evidence.
49	Section 4. Subsection (11) is added to section 760.02,
50	Florida Statutes, to read:
51	760.02 Definitions.--For the purposes of ss. 760.01-760.11
52	and 509.092, the term:
53	(11) “Public accommodations” means places of public
54	accommodation, lodgings, facilities principally engaged in
55	selling food for consumption on the premises, gasoline stations,
56	places of exhibition or entertainment, and other covered
57	establishments. Each of the following establishments which
58	serves the public is a place of public accommodation within the
59	meaning of this section:
60	(a) Any inn, hotel, motel, or other establishment which
61	provides lodging to transient guests, other than an
62	establishment located within a building which contains not more
63	than four rooms for rent or hire and which is actually occupied
64	by the proprietor of such establishment as his or her residence.
65	(b) Any restaurant, cafeteria, lunchroom, lunch counter,
66	soda fountain, or other facility principally engaged in selling
67	food for consumption on the premises, including, but not limited
68	to, any such facility located on the premises of any retail
69	establishment, or any gasoline station.
70	(c) Any motion picture house, theater, concert hall,
71	sports arena, stadium, or other place of exhibition or
72	entertainment.
73	(d) Any establishment which is physically located within
74	the premises of any establishment otherwise covered by this
75	subsection, or within the premises of which is physically
76	located any such covered establishment, and which holds itself
77	out as serving patrons of such covered establishment.
78	Section 5. Section 760.08, Florida Statutes, is created to
79	read:
80	760.08 Discrimination in places of public accommodation.--
81	All persons shall be entitled to the full and equal enjoyment of
82	the goods, services, facilities, privileges, advantages, and
83	accommodations of any place of public accommodation, as defined
84	in this chapter, without discrimination or segregation on the
85	ground of race, color, national origin, sex, handicap, familial
86	status, or religion.
87	Section 6. This act shall take effect upon becoming a law.
88
89	================= T I T L E A M E N D M E N T =================
90	Remove the entire title
91
92	and insert:
93	A bill to be entitled
94	An act relating to the Florida Civil Rights Act of 1992;
95	providing that this act shall be known by the popular name
96	the "Dr. Marvin Davies Florida Civil Rights Act"; creating
97	s. 760.021, F.S.; authorizing the Attorney General to
98	commence a civil action to obtain damages or other relief
99	for a civil rights violation under certain circumstances;
100	providing for attorney’s fees and costs; amending s.
101	16.57, F.S.; authorizing the Attorney General to
102	investigate violations under ch. 760, F.S.; amending s.
103	760.02, F.S.; defining “public accommodations”; creating
104	760.08, F.S.; making unlawful discrimination or
105	segregation in places of public accommodation; providing
106	an effective date.
107