HOUSE AMENDMENT Bill No. HB 143A
1	CHAMBER ACTION
2	Senate House
3	.
4	.
5	.
6
7
8
9
10
11
12	Representatives Gannon and Rich offered the following:
13
14	Amendment (with title amendment)
15	Remove everything after the enacting clause, and insert:
16	Section 1. This act shall be known by the popular name the
17	"Dr. Marvin Davies Florida Civil Rights Act."
18	Section 2. Section 760.021, Florida Statutes, is created
19	to read:
20	760.021 Enforcement.--
21	(1) The Attorney General may commence a civil action for
22	damages, injunctive relief, civil penalties not to exceed
23	$10,000 per violation, and such other relief as may be
24	appropriate under the laws of this state if the Attorney General
25	has reasonable cause to believe that any person or group:
26	(a) Has engaged in a pattern or practice of discrimination
27	as defined by the laws of this state; or
28	(b) Has been discriminated against as defined by the laws
29	of this state and such discrimination raises an issue of great
30	public interest.
31	(2) The Attorney General may file an action under this
32	section in the circuit court of the county where the cause of
33	action arises or in the circuit court of the Second Judicial
34	Circuit, in and for Leon County.
35	(3) In any proceeding under this section, the respondent
36	may request, before any responsive pleading is due, that a
37	hearing be held no earlier than 5 days but no more than 30 days
38	after the filing of the complaint, at which hearing the court
39	shall determine whether the complaint on its face makes a prima
40	facie showing that a pattern or practice of discrimination
41	exists or that, as a result of discrimination, an issue of great
42	public interest exists.
43	(4) The prevailing party in an action brought under this
44	section is entitled to an award of reasonable attorney’s fees
45	and costs.
46	(5) Any damages recovered under this section shall accrue
47	to the injured party.
48	Section 3. Section 16.57, Florida Statutes, is amended to
49	read:
50	16.57 Office of Civil Rights.--There is created in the
51	Department of Legal Affairs an Office of Civil Rights. The
52	office may investigate and initiate actions authorized by
53	chapter 760s. 760.51. In investigating violations of
54	constitutional and statutory rights under chapter 760s. 760.51,
55	the Attorney General may administer oaths and affirmations,
56	subpoena witnesses or matter, and collect evidence.
57	Section 4. Subsection (11) is added to section 760.02,
58	Florida Statutes, to read:
59	760.02 Definitions.--For the purposes of ss. 760.01-760.11
60	and 509.092, the term:
61	(11) “Public accommodations” means places of public
62	accommodation, lodgings, facilities principally engaged in
63	selling food for consumption on the premises, gasoline stations,
64	places of exhibition or entertainment, and other covered
65	establishments. Each of the following establishments which
66	serves the public is a place of public accommodation within the
67	meaning of this section:
68	(a) Any inn, hotel, motel, or other establishment which
69	provides lodging to transient guests, other than an
70	establishment located within a building which contains not more
71	than four rooms for rent or hire and which is actually occupied
72	by the proprietor of such establishment as his or her residence.
73	(b) Any restaurant, cafeteria, lunchroom, lunch counter,
74	soda fountain, or other facility principally engaged in selling
75	food for consumption on the premises, including, but not limited
76	to, any such facility located on the premises of any retail
77	establishment, or any gasoline station.
78	(c) Any motion picture house, theater, concert hall,
79	sports arena, stadium, or other place of exhibition or
80	entertainment.
81	(d) Any establishment which is physically located within
82	the premises of any establishment otherwise covered by this
83	subsection, or within the premises of which is physically
84	located any such covered establishment, and which holds itself
85	out as serving patrons of such covered establishment.
86	Section 5. Section 760.08, Florida Statutes, is created to
87	read:
88	760.08 Discrimination in places of public accommodation.--
89	All persons shall be entitled to the full and equal enjoyment of
90	the goods, services, facilities, privileges, advantages, and
91	accommodations of any place of public accommodation, as defined
92	in this chapter, without discrimination or segregation on the
93	ground of race, color, national origin, sex, handicap, familial
94	status, or religion.
95	Section 6. Subsection (2) of section 110.105, Florida
96	Statutes, is amended to read:
97	110.105 Employment policy of the state.--
98	(2) All appointments, terminations, assignments and
99	maintenance of status, compensation, privileges, and other terms
100	and conditions of employment in state government shall be made
101	without regard to age, sex, pregnancy status, as defined in s.
102	760.10,race, religion, national origin, political affiliation,
103	marital status, or handicap, except when a specific sex, age, or
104	physical requirement constitutes a bona fide occupational
105	qualification necessary to proper and efficient administration.
106	Section 7. Subsection (1) of section 110.233, Florida
107	Statutes, is amended to read:
108	110.233 Political activities and unlawful acts
109	prohibited.--
110	(1) No person shall be appointed to, demoted, or dismissed
111	from any position in the career service, or in any way favored
112	or discriminated against with respect to employment in the
113	career service, because of race, color, national origin, sex,
114	pregnancy status, as defined in s. 760.10,handicap, religious
115	creed, or political opinion or affiliation.
116	Section 8. Subsection (1) of section 112.042, Florida
117	Statutes, is amended to read:
118	112.042 Discrimination in county and municipal employment;
119	relief.--
120	(1) It is against the public policy of this state for the
121	governing body of any county or municipal agency, board,
122	commission, department, or office, solely because of the race,
123	color, national origin, sex, pregnancy status, as defined in s.
124	760.10,handicap, or religious creed of any individual, to
125	refuse to hire or employ, to bar, or to discharge from
126	employment such individuals or to otherwise discriminate against
127	such individuals with respect to compensation, hire, tenure,
128	terms, conditions, or privileges of employment, if the
129	individual is the most competent and able to perform the
130	services required.
131	Section 9. Subsection (10) of section 760.10, Florida
132	Statutes, is renumbered as subsection (11), and a new subsection
133	(10) is added to said section to read:
134	760.10 Unlawful employment practices.--
135	(10) As used in this section, the terms "because of sex"
136	and "on the basis of sex" include because or on the basis of
137	pregnancy status. Pregnancy status does not require an employer
138	to pay for health insurance benefits for abortion, except where
139	the life of the mother would be endangered if the fetus were
140	carried to term or except where medical complications have
141	arisen from an abortion.
142	Section 10. If any law amended by this act was also
143	amended by a law enacted at the 2003 Regular Session of the
144	Legislature, such laws shall be construed as if they had been
145	enacted at the same session of the Legislature, and full effect
146	shall be given to each if possible.
147	Section 11. This act shall take effect upon becoming a
148	law.
149
150	================= T I T L E A M E N D M E N T =================
151	Remove the entire title, and insert:
152	A bill to be entitled
153	An act relating to the Florida Civil Rights Act of 1992;
154	providing that this act shall be known by the popular name the
155	"Dr. Marvin Davies Florida Civil Rights Act"; creating s.
156	760.021, F.S.; authorizing the Attorney General to commence
157	against a person or group perpetuating discriminatory practices;
158	providing for damages, injunctive relief, and civil penalties;
159	providing for venue; providing for a hearing to determine a
160	prima facie case; providing for attorney’s fees and costs;
161	amending s. 16.57, F.S.; authorizing the Attorney General to
162	investigate violations under ch. 760, F.S.; amending s. 760.02,
163	F.S.; defining “public accommodations”; creating s. 760.08,
164	F.S.; making unlawful discrimination or segregation in places of
165	public accommodation; amending ss. 110.105, 110.233, 112.042,
166	and 760.10, F.S.; revising provisions relating to state
167	employment policy, career service appointments, county and
168	municipal employment, and unlawful employment practices to
169	provide that discrimination on the basis of sex includes
170	discrimination on the basis of pregnancy, childbirth, or related
171	medical conditions; providing a limitation with respect to
172	employer health insurance benefits; providing for construction
173	of the act in pari materia with laws enacted during the 2003
174	Regular Session of the Legislature; providing an effective date.