Measure to expand AG's civil rights powers passes.
Attorney General Charlie Crist now has expanded power to investigate and take civil action against discrimination, thanks to both chambers of the legislature overwhelmingly passing the Dr. Marvin Davies Florida Civil Rights Act.HB 143-A, sponsored by Rep. Jeffrey Kottkamp, R-Cape Coral, passed 112-1. And SB-46A, sponsored by Sen. Alex Villalobos, R-Miami, passed 36-1.
The new legislation is named after the longtime civil rights crusader and the NAACP's Florida director from 1963-72, who died in April.
As Sen. Rod Smith, D-Gainesville, argued on the Senate floor May 21, the attorney general had to go after discrimination cases with "a ruse" under the Unfair Trade Practices Act, rather than the Florida Civil Rights Act.
That's because there was no formal mechanism or statutory authority within the Florida Commission on Human Relations, between the FCHR and the Attorney General's Office, or within the Office of the Attorney General to independently investigate or initiate action under the Florida Civil Rights Act for "discrimination that is based on a pattern or practice of discrimination or discrimination that raises an issue of great public interest."
The bill changes the burden of proof to the federal standard of proving a "pattern or practice of discrimination" -- rather than the standards of "intimidation and coercion," which was difficult to prove, Crist said.
Crist said the need for a change in law was brought home by several recent high- profile cases: Thai Tony, a South Florida restaurant that only added automatic tips to the checks of African-American patrons, the Adams Mark hotel chain that discriminated against black guests, and the Perry package store that sent a visiting black Maryland legislator to the back room to have a drink.
The bill will give the attorney general independent authority to initiate upon reasonable cause a civil action for damages, injunctive relief, and civil penalties up to $10,000 per violation, against any person or group for "patterns or practices of discrimination" or "for discrimination that raises an issue of great public interest."
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| Publication: | Florida Bar News |
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| Date: | Jun 15, 2003 |
| Words: | 331 |
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