Senate Bill sb0438

    Florida Senate - 2004                                   SB 438

    By Senator Campbell





    32-258-04

  1                      A bill to be entitled

  2         An act relating to discriminatory practices in

  3         public food service establishments; creating s.

  4         760.61, F.S.; defining terms; prohibiting

  5         discrimination in specified public food service

  6         establishments against persons who operate

  7         motorcycles or wear certain clothing; providing

  8         for the filing of complaints with the

  9         Commission on Human Relations or Attorney

10         General's Office of Civil Rights; providing for

11         filing a civil action under certain

12         circumstances; authorizing the court to issue

13         an injunction; providing an effective date.

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

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17         Section 1.  Section 760.61, Florida Statutes, is

18  created to read:

19         760.61  Restrictions on discrimination by public food

20  service establishments.--

21         (1)  As used in this section, the term:

22         (a)  "Public food service establishment" has the same

23  meaning as in s. 509.013.

24         (b)  "Formal dress code" means a written policy that is

25  prominently posted at the entrance of a public food service

26  establishment and that requires the public to wear a suit,

27  dress, jacket, or tie for admission to such establishment.

28         (2)  It is unlawful for a public food service

29  establishment, except those establishments that maintain a

30  formal dress code, to discriminate by restricting admission to

31  a person solely because the person operates a motorcycle or is

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    Florida Senate - 2004                                   SB 438
    32-258-04




 1  wearing clothing that displays the name of a motorcyclist

 2  organization or association.

 3         (3)  This section does not prohibit the restriction of

 4  admission to a person because the person's conduct poses a

 5  risk to the health, safety, or property of another.

 6         (4)  A person who has been discriminated against in

 7  violation of this section may file a complaint with the

 8  Commission on Human Relations or with the Attorney General's

 9  Office of Civil Rights. A complaint must be in writing and

10  must contain the information and be in the form that the

11  commission requires. Upon receipt of a complaint, the

12  commission or the Attorney General shall provide a copy to the

13  person who represents the public food service establishment.

14  Within 30 days after receiving a complaint, the commission or

15  the Attorney General shall investigate the alleged

16  discrimination and give notice in writing to the person who

17  filed the complaint if it intends to resolve the complaint. If

18  the commission or the Attorney General decides to resolve the

19  complaint, it shall attempt to eliminate or correct the

20  alleged discriminatory practices of the public food service

21  establishment by informal methods of conference, conciliation,

22  and persuasion.

23         (5)  If the commission or the Attorney General fails,

24  within 30 days after receiving a complaint filed pursuant to

25  subsection (2), to give notice of its intent to eliminate or

26  correct the alleged discriminatory practices of a public food

27  service establishment or if the commission or the Attorney

28  General fails to resolve the complaint within 30 days after

29  giving such notice, the person or the Attorney General on

30  behalf of the person filing the complaint may commence a civil

31  action in a court against the owners of the public food

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    Florida Senate - 2004                                   SB 438
    32-258-04




 1  service establishment to enforce this section. If the court

 2  finds that a discriminatory practice occurs at the public food

 3  service establishment, the court may enjoin the owners of the

 4  public food service establishment from engaging in such

 5  practice.

 6         Section 2.  This act shall take effect upon becoming a

 7  law.

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10                          SENATE SUMMARY

11    Prohibits discrimination in specified public food service
      establishments against persons who operate motorcycles or
12    wear certain clothing. Provides for the filing of a
      complaint with the Commission on Human Relations or the
13    Attorney General's office. Provides for filing civil
      actions under certain circumstances.
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CODING: Words stricken are deletions; words underlined are additions.