HB 0123A 2003
1	A bill to be entitled
2	An act relating to the Florida Civil Rights Act of 1992;
3	providing that this act shall be known by the popular name
4	the "Dr. Marvin Davies Florida Civil Rights Act"; creating
5	s. 760.021, F.S.; authorizing the Attorney General to
6	commence a civil action to obtain damages or other relief
7	for a civil rights violation under certain circumstances;
8	providing for attorney’s fees and costs; amending s.
9	16.57, F.S.; authorizing the Attorney General to
10	investigate violations under ch. 760, F.S.; amending s.
11	760.02, F.S.; defining “public accommodations”; creating
12	760.08, F.S.; making unlawful discrimination or
13	segregation in places of public accommodation; providing
14	for construction of the act in pari materia with laws
15	enacted during the 2003 Regular Session of the
16	Legislature; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1. This act shall be known by the popular name the
21	"Dr. Marvin Davies Florida Civil Rights Act."
22	Section 2. Section 760.021, Florida Statutes, is created
23	to read:
24	760.021 Enforcement.--If the Attorney General has
25	reasonable cause to believe that:
26	(1) Any person or group of persons is engaged in a pattern
27	or practice of discrimination as defined by the laws of this
28	state; or
29	(2) Any person or group of persons has been discriminated
30	against as defined by the laws of this state and such
31	discrimination raises an issue of general public importance,
32
33	the Attorney General may commence a civil action in any
34	appropriate court for damages, injunctive relief, civil
35	penalties not to exceed $10,000 per violation, and such other
36	relief as may be appropriate under the circumstances. Any
37	damages recovered under this section shall accrue to the injured
38	person or group of persons. The Attorney General is entitled to
39	an award of reasonable attorney’s fees and costs if the
40	Department of Legal Affairs prevails in an action brought under
41	this section.
42	Section 3. Section 16.57, Florida Statutes, is amended to
43	read:
44	16.57 Office of Civil Rights.--There is created in the
45	Department of Legal Affairs an Office of Civil Rights. The
46	office may investigate and initiate actions authorized by
47	chapter 760s. 760.51. In investigating violations of
48	constitutional and statutory rights under chapter 760s. 760.51,
49	the Attorney General may administer oaths and affirmations,
50	subpoena witnesses or matter, and collect evidence.
51	Section 4. Subsection (11) is added to section 760.02,
52	Florida Statutes, to read:
53	760.02 Definitions.--For the purposes of ss. 760.01-760.11
54	and 509.092, the term:
55	(11) “Public accommodations” means places of public
56	accommodation, lodgings, facilities principally engaged in
57	selling food for consumption on the premises, gasoline stations,
58	places of exhibition or entertainment, and other covered
59	establishments. Each of the following establishments which
60	serves the public is a place of public accommodation within the
61	meaning of this section:
62	(a) Any inn, hotel, motel, or other establishment which
63	provides lodging to transient guests, other than an
64	establishment located within a building which contains not more
65	than four rooms for rent or hire and which is actually occupied
66	by the proprietor of such establishment as his or her residence.
67	(b) Any restaurant, cafeteria, lunchroom, lunch counter,
68	soda fountain, or other facility principally engaged in selling
69	food for consumption on the premises, including, but not limited
70	to, any such facility located on the premises of any retail
71	establishment, or any gasoline station.
72	(c) Any motion picture house, theater, concert hall,
73	sports arena, stadium, or other place of exhibition or
74	entertainment.
75	(d) Any establishment which is physically located within
76	the premises of any establishment otherwise covered by this
77	subsection, or within the premises of which is physically
78	located any such covered establishment, and which holds itself
79	out as serving patrons of such covered establishment.
80	Section 5. Section 760.08, Florida Statutes, is created to
81	read:
82	760.08 Discrimination in places of public accommodation.--
83	All persons shall be entitled to the full and equal enjoyment of
84	the goods, services, facilities, privileges, advantages, and
85	accommodations of any place of public accommodation, as defined
86	in this chapter, without discrimination or segregation on the
87	ground of race, color, national origin, sex, handicap, familial
88	status, or religion.
89	Section 6. If any law amended by this act was also amended
90	by a law enacted at the 2003 Regular Session of the Legislature,
91	such laws shall be construed as if they had been enacted at the
92	same session of the Legislature, and full effect shall be given
93	to each if possible.
94	Section 7. This act shall take effect upon becoming a law.
95