Florida State and Local Remedies for Civil Rights Violations in Public Accommodations
By: Matthew Dietz, Esq.
No State shall … deny to any person within its
jurisdiction the equal protection of the laws.
Equal protection is a right that is enshrined in both the Florida and the United States Constitutions. However, what most advocates and lawyers do not realize is that there are many local and state statutes that provide damages and other remedies for civil rights violations. As a lawyer or an advocate who is not a lawyer, it is important to know of these laws or ordinances and know how to use them.
This article focuses only on public accommodations, and not housing or employment; however, housing and employment discrimination similarly have state and local protections. In addition, this article does not cover criminal penalties for violating protected rights.
Florida State Law – Florida Civil Rights Act:
The main section relating to civil rights in Florida Statutes is Chapter 760. Chapter 760 contains the Florida Civil Rights Act (FCRA) which provides protection from discrimination in certain public accommodations, and is interpreted identically to federal anti-discrimination law. The important factors are as follows:
Protected classes: Race, color, national origin, sex, pregnancy, handicap, familial status, or religion. Familial status means having a child under 18 years of age.
Areas in which discrimination is prohibited: Public Accommodation is defined as (1) a place of lodging; (2) a place of entertainment; (3) a food service establishment; (4) a place that
is within one through three above or contains one of the three above. For example, it does not include a store, library, or gas station. The FCRA also excludes private clubs or religious
institutions.
Exhaustion of Administrative Remedies: It is required to file an administrative complaint with the Florida Commission of Human Relations to undergo an investigation andattempts to conciliate.
Deadline to bring a claim: 365 days to file a claim with the Commission from the discriminatory event.
Damages Recoverable: Under the FCRA, a court or the commission can award affirmative relief from the effects of the practice, such as actual damages and ceasing the offending practice. If the victim chooses to file a claim in a civil action, a court and a jury may also award compensatory damages, including, but not limited to, damages for mental anguish, loss of dignity, and any other intangible injuries, and punitive damages.
Florida Law – Florida Omnibus AIDS Act
Florida Statutes Section 760.50 protects those who have or are perceived to be HIV positive or have AIDS and is interpreted similarly to the Americans with Disabilities Act. The important factors are as follows:
Protected classes: Any person with or perceived as having acquired immune deficiency syndrome, acquired immune deficiency syndrome related complex.
Areas in which discrimination is prohibited: housing, public accommodations, or governmental services.
Exhaustion of Administrative Remedies: None.
Deadline to bring a claim: no deadline in statute, as such, presumably four years.
Damages Recoverable: A victim can bring a claim in state circuit court. For an unintentional violation, the victim may receive liquidated damages of $1,000 or actual damages, whichever is greater. For an intentional or reckless violation of the law, liquidated damages of $5,000 or actual damages, whichever is greater. A victim may also receive reasonable attorney’s fees, and such other relief, including an injunction, as the court may deem appropriate.
Local Ordinances
Over fifty counties, and local municipalities in the State of Florida have human rights ordinances that protect many different classifications, and some provide administrative procedures, and provide an ability to file a claim directly in state court.
How do I find my local ordinances: The best way to find your local ordinance is to (1) go to municode.com, (2) go to your municipality and county, and (3) look for “human rights” or type “discrimination” into the search bar. If both a municipality and county have a human rights ordinance, you can file a complaint in either, or both, depending on the scope of the remedies. Examples of Civil Rights Ordinances are Chapter 11A of the Miami Dade County Code; Chapter 16 ½ of the Broward County Code; Chapter 15 of the Palm Beach County Code; or Chapter 22 of the Orange County Code.
The information provided on this website, including articles, videos, blog posts, and other resources, is provided solely for general educational and informational purposes. It is not legal advice and should not be relied upon as a substitute for advice from a qualified attorney regarding your specific circumstances. Laws change frequently, and the application of the law varies depending on the jurisdiction and on the facts of each case.