HOUSE AMENDMENT |
Bill No. HB 143A |
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CHAMBER ACTION |
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Representatives Gannon and Rich offered the following: |
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Amendment (with title amendment) |
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Remove everything after the enacting clause, and insert: |
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Section 1. This act shall be known by the popular name the |
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"Dr. Marvin Davies Florida Civil Rights Act." |
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Section 2. Section 760.021, Florida Statutes, is created |
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to read: |
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760.021 Enforcement.--
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(1) The Attorney General may commence a civil action for |
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damages, injunctive relief, civil penalties not to exceed |
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$10,000 per violation, and such other relief as may be |
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appropriate under the laws of this state if the Attorney General |
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has reasonable cause to believe that any person or group:
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(a) Has engaged in a pattern or practice of discrimination |
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as defined by the laws of this state; or
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(b) Has been discriminated against as defined by the laws |
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of this state and such discrimination raises an issue of great |
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public interest.
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(2) The Attorney General may file an action under this |
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section in the circuit court of the county where the cause of |
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action arises or in the circuit court of the Second Judicial |
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Circuit, in and for Leon County.
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(3) In any proceeding under this section, the respondent |
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may request, before any responsive pleading is due, that a |
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hearing be held no earlier than 5 days but no more than 30 days |
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after the filing of the complaint, at which hearing the court |
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shall determine whether the complaint on its face makes a prima |
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facie showing that a pattern or practice of discrimination |
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exists or that, as a result of discrimination, an issue of great |
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public interest exists.
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(4) The prevailing party in an action brought under this |
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section is entitled to an award of reasonable attorney’s fees |
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and costs.
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(5) Any damages recovered under this section shall accrue |
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to the injured party.
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Section 3. Section 16.57, Florida Statutes, is amended to |
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read: |
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16.57 Office of Civil Rights.--There is created in the |
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Department of Legal Affairs an Office of Civil Rights. The |
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office may investigate and initiate actions authorized by |
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chapter 760s. 760.51. In investigating violations of |
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constitutional and statutory rights under chapter 760s. 760.51, |
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the Attorney General may administer oaths and affirmations, |
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subpoena witnesses or matter, and collect evidence. |
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Section 4. Subsection (11) is added to section 760.02, |
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Florida Statutes, to read: |
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760.02 Definitions.--For the purposes of ss. 760.01-760.11 |
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and 509.092, the term: |
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(11) “Public accommodations” means places of public |
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accommodation, lodgings, facilities principally engaged in |
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selling food for consumption on the premises, gasoline stations, |
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places of exhibition or entertainment, and other covered |
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establishments. Each of the following establishments which |
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serves the public is a place of public accommodation within the |
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meaning of this section:
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(a) Any inn, hotel, motel, or other establishment which |
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provides lodging to transient guests, other than an |
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establishment located within a building which contains not more |
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than four rooms for rent or hire and which is actually occupied |
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by the proprietor of such establishment as his or her residence.
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(b) Any restaurant, cafeteria, lunchroom, lunch counter, |
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soda fountain, or other facility principally engaged in selling |
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food for consumption on the premises, including, but not limited |
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to, any such facility located on the premises of any retail |
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establishment, or any gasoline station.
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(c) Any motion picture house, theater, concert hall, |
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sports arena, stadium, or other place of exhibition or |
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entertainment.
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(d) Any establishment which is physically located within |
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the premises of any establishment otherwise covered by this |
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subsection, or within the premises of which is physically |
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located any such covered establishment, and which holds itself |
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out as serving patrons of such covered establishment.
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Section 5. Section 760.08, Florida Statutes, is created to |
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read: |
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760.08 Discrimination in places of public accommodation.--
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All persons shall be entitled to the full and equal enjoyment of |
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the goods, services, facilities, privileges, advantages, and |
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accommodations of any place of public accommodation, as defined |
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in this chapter, without discrimination or segregation on the |
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ground of race, color, national origin, sex, handicap, familial |
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status, or religion.
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Section 6. Subsection (2) of section 110.105, Florida |
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Statutes, is amended to read: |
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110.105 Employment policy of the state.-- |
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(2) All appointments, terminations, assignments and |
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maintenance of status, compensation, privileges, and other terms |
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and conditions of employment in state government shall be made |
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without regard to age, sex, pregnancy status, as defined in s. |
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760.10,race, religion, national origin, political affiliation, |
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marital status, or handicap, except when a specific sex, age, or |
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physical requirement constitutes a bona fide occupational |
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qualification necessary to proper and efficient administration. |
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Section 7. Subsection (1) of section 110.233, Florida |
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Statutes, is amended to read: |
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110.233 Political activities and unlawful acts |
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prohibited.-- |
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(1) No person shall be appointed to, demoted, or dismissed |
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from any position in the career service, or in any way favored |
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or discriminated against with respect to employment in the |
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career service, because of race, color, national origin, sex, |
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pregnancy status, as defined in s. 760.10,handicap, religious |
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creed, or political opinion or affiliation. |
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Section 8. Subsection (1) of section 112.042, Florida |
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Statutes, is amended to read: |
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112.042 Discrimination in county and municipal employment; |
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relief.-- |
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(1) It is against the public policy of this state for the |
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governing body of any county or municipal agency, board, |
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commission, department, or office, solely because of the race, |
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color, national origin, sex, pregnancy status, as defined in s. |
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760.10,handicap, or religious creed of any individual, to |
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refuse to hire or employ, to bar, or to discharge from |
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employment such individuals or to otherwise discriminate against |
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such individuals with respect to compensation, hire, tenure, |
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terms, conditions, or privileges of employment, if the |
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individual is the most competent and able to perform the |
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services required. |
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Section 9. Subsection (10) of section 760.10, Florida |
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Statutes, is renumbered as subsection (11), and a new subsection |
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(10) is added to said section to read: |
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760.10 Unlawful employment practices.-- |
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(10) As used in this section, the terms "because of sex" |
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and "on the basis of sex" include because or on the basis of |
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pregnancy status. Pregnancy status does not require an employer |
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to pay for health insurance benefits for abortion, except where |
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the life of the mother would be endangered if the fetus were |
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carried to term or except where medical complications have |
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arisen from an abortion.
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Section 10. If any law amended by this act was also |
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amended by a law enacted at the 2003 Regular Session of the |
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Legislature, such laws shall be construed as if they had been |
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enacted at the same session of the Legislature, and full effect |
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shall be given to each if possible. |
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Section 11. This act shall take effect upon becoming a |
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law. |
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================= T I T L E A M E N D M E N T ================= |
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Remove the entire title, and insert: |
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A bill to be entitled |
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An act relating to the Florida Civil Rights Act of 1992; |
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providing that this act shall be known by the popular name the |
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"Dr. Marvin Davies Florida Civil Rights Act"; creating s. |
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760.021, F.S.; authorizing the Attorney General to commence |
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against a person or group perpetuating discriminatory practices; |
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providing for damages, injunctive relief, and civil penalties; |
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providing for venue; providing for a hearing to determine a |
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prima facie case; providing for attorney’s fees and costs; |
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amending s. 16.57, F.S.; authorizing the Attorney General to |
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investigate violations under ch. 760, F.S.; amending s. 760.02, |
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F.S.; defining “public accommodations”; creating s. 760.08, |
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F.S.; making unlawful discrimination or segregation in places of |
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public accommodation; amending ss. 110.105, 110.233, 112.042, |
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and 760.10, F.S.; revising provisions relating to state |
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employment policy, career service appointments, county and |
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municipal employment, and unlawful employment practices to |
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provide that discrimination on the basis of sex includes |
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discrimination on the basis of pregnancy, childbirth, or related |
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medical conditions; providing a limitation with respect to |
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employer health insurance benefits; providing for construction |
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of the act in pari materia with laws enacted during the 2003 |
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Regular Session of the Legislature; providing an effective date. |