Senate Bill sb0046Ac1

    Florida Senate - 2003                           CS for SB 46-A

    By the Committee on Judiciary; and Senators Villalobos, Smith,
    Miller and Diaz de la Portilla




    308-2631-03

  1                      A bill to be entitled

  2         An act relating to the Florida Civil Rights Act

  3         of 1992; providing a short title; creating s.

  4         760.021, F.S.; authorizing the Attorney General

  5         to commence a civil action against a person or

  6         group perpetuating discriminatory practices;

  7         providing for damages, injunctive relief, and

  8         civil penalties; providing for venue; providing

  9         for a hearing to determine a prima facie case;

10         providing for attorney's fees and costs;

11         amending s. 16.57, F.S.; authorizing the

12         Attorney General to investigate violations

13         under the Florida Civil Rights Act of 1992;

14         amending s. 760.02, F.S.; defining the term

15         "public accommodations"; creating 760.08, F.S.;

16         making unlawful discrimination or segregation

17         in places of public accommodation; providing

18         for construction of the act in pari materia

19         with laws enacted during the 2003 Regular

20         Session of the Legislature; providing an

21         effective date.

22  

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

24  

25         Section 1.  This act may be cited as the "Dr. Marvin

26  Davies Florida Civil Rights Act."

27         Section 2.  Section 760.021, Florida Statutes, is

28  created to read:

29         760.021  Enforcement.--

30         (1)  The Attorney General may commence a civil action

31  for damages, injunctive relief, civil penalties not to exceed

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    Florida Senate - 2003                           CS for SB 46-A
    308-2631-03




 1  $10,000 per violation, and such other relief as may be

 2  appropriate under the laws of this state if the Attorney

 3  General has reasonable cause to believe that any person or

 4  group:

 5         (a)  Has engaged in a pattern or practice of

 6  discrimination as defined by the laws of this state; or

 7         (b)  Has been discriminated against as defined by the

 8  laws of this state and such discrimination raises an issue of

 9  great public interest.

10         (2)  The Attorney General may file an action under this

11  section in the circuit court of the county where the cause of

12  action arises or in the circuit court for the Second Judicial

13  Circuit in and for Leon County.

14         (3)  In any proceeding under this section, the

15  respondent may request, before any responsive pleading is due,

16  that a hearing be held no earlier than 5 days but no more than

17  30 days after the filing of the complaint, at which the court

18  shall determine whether the complaint on its face, makes a

19  prima facie showing that a pattern or practice of

20  discrimination exists or that, as a result of discrimination,

21  an issue of great public interest exists.

22         (4)  The prevailing party in an action brought under

23  this section is entitled to an award of reasonable attorney's

24  fees and costs.

25         (5)  Any damages recovered under this section shall

26  accrue to the injured party.

27         Section 3.  Section 16.57, Florida Statutes, is amended

28  to read:

29         16.57  Office of Civil Rights.--There is created in the

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

31  office may investigate and initiate actions authorized by

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    Florida Senate - 2003                           CS for SB 46-A
    308-2631-03




 1  chapter 760 s. 760.51. In investigating violations of

 2  constitutional and statutory rights under chapter 760 s.

 3  760.51, the Attorney General may administer oaths and

 4  affirmations, subpoena witnesses or matter, and collect

 5  evidence.

 6         Section 4.  Subsection (11) is added to section 760.02,

 7  Florida Statutes, to read:

 8         760.02  Definitions.--For the purposes of ss.

 9  760.01-760.11 and 509.092, the term:

10         (11)  "Public accommodations" means places of public

11  accommodation, lodgings, facilities principally engaged in

12  selling food for consumption on the premises, gasoline

13  stations, places of exhibition or entertainment, and other

14  covered establishments. Each of the following establishments

15  which serves the public is a place of public accommodation

16  within the meaning of this section:

17         (a)  Any inn, hotel, motel, or other establishment

18  which provides lodging to transient guests, other than an

19  establishment located within a building which contains not

20  more than four rooms for rent or hire and which is actually

21  occupied by the proprietor of such establishment as his or her

22  residence.

23         (b)  Any restaurant, cafeteria, lunchroom, lunch

24  counter, soda fountain, or other facility principally engaged

25  in selling food for consumption on the premises, including,

26  but not limited to, any such facility located on the premises

27  of any retail establishment, or any gasoline station.

28         (c)  Any motion picture house, theater, concert hall,

29  sports arena, stadium, or other place of exhibition or

30  entertainment.

31  

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    Florida Senate - 2003                           CS for SB 46-A
    308-2631-03




 1         (d)  Any establishment which is physically located

 2  within the premises of any establishment otherwise covered by

 3  this subsection, or within the premises of which is physically

 4  located any such covered establishment, and which holds itself

 5  out as serving patrons of such covered establishment.

 6         Section 5.  Section 760.08, Florida Statutes, is

 7  created to read:

 8         760.08  Discrimination in places of public

 9  accommodation.--All persons shall be entitled to the full and

10  equal enjoyment of the goods, services, facilities,

11  privileges, advantages, and accommodations of any place of

12  public accommodation, as defined in this chapter, without

13  discrimination or segregation on the ground of race, color,

14  national origin, sex, handicap, familial status, or religion.

15         Section 6.  If any law amended by this act was also

16  amended by a law enacted at the 2003 Regular Session of the

17  Legislature, such laws shall be construed as if they had been

18  enacted during the same session of the Legislature, and full

19  effect shall be given to each if possible.

20         Section 7.  This act shall take effect upon becoming a

21  law.

22  

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                            SB 0046-A

25                                 

26  The committee substitute for SB 46-A makes certain technical
    changes reflecting stylistic bill drafting differences between
27  the House and the Senate such as, replacing the word "that"
    with "which", and the phrase "by state law" and "under law"
28  with the phrase "the laws of this state." The committee
    substitute also corrects a drafting error replacing "issue of
29  general public importance" with "issue of great public
    interest" to maintain consistency throughout the bill.
30  Finally, in the section relating to discrimination in places
    of public accommodation, the term "gender" is replaced with
31  the term "sex."

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