Florida Statute 760.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIV
CIVIL RIGHTS

Chapter 760
DISCRIMINATION IN THE TREATMENT OF PERSONS; MINORITY REPRESENTATION

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F.S. 760.02

760.02 Definitions.—For the purposes of ss. 760.01-760.11 and 509.092, the term:

(1) “Florida Civil Rights Act of 1992” means ss. 760.01-760.11 and 509.092.

(2) “Commission” means the Florida Commission on Human Relations created by s. 760.03.

(3) “Commissioner” or “member” means a member of the commission.

(4) “Discriminatory practice” means any practice made unlawful by the Florida Civil Rights Act of 1992.

(5) “National origin” includes ancestry.

(6) “Person” includes an individual, association, corporation, joint apprenticeship committee, joint-stock company, labor union, legal representative, mutual company, partnership, receiver, trust, trustee in bankruptcy, or unincorporated organization; any other legal or commercial entity; the state; or any governmental entity or agency.

(7) “Employer” means any person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person.

(8) “Employment agency” means any person regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer, and includes an agent of such a person.

(9) “Labor organization” means any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or other mutual aid or protection in connection with employment.

(10) “Aggrieved person” means any person who files a complaint with the Human Relations Commission.

(11) “Public accommodations” means places of public accommodation, lodgings, facilities principally engaged in selling food for consumption on the premises, gasoline stations, places of exhibition or entertainment, and other covered establishments. Each of the following establishments which serves the public is a place of public accommodation within the meaning of this section:

(a) Any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than four rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his or her residence.

(b) Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment, or any gasoline station.

(c) Any motion picture theater, theater, concert hall, sports arena, stadium, or other place of exhibition or entertainment.

(d) Any establishment which is physically located within the premises of any establishment otherwise covered by this subsection, or within the premises of which is physically located any such covered establishment, and which holds itself out as serving patrons of such covered establishment.

History.—s. 2, ch. 69-287; s. 2, ch. 72-48; s. 2, ch. 77-341; s. 3, ch. 79-400; s. 2, ch. 92-177; s. 4, ch. 92-282; s. 4, ch. 2003-396.

Note.—Former ss. 13.211, 23.162.

F.S. 760.02 on Google Scholar

F.S. 760.02 on Casetext

Amendments to 760.02

Arrestable Offenses / Crimes under Fla. Stat. 760.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 760.02.

Annotations, Discussions, Cases:

Cases Citing Statute 760.02

Total Results: 20

AISY ALEU, PHARM. D. v. NOVA SOUTHEASTERN UNIVERSITY, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-14T23:53:00-08:00

Snippet: Florida Commission on Human Relations” in section 760.02(2), Florida Statutes (2015)—we understand “the

Abraka Okposio v. Barry University (Main Campus)

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-25T00:53:00-07:00

Snippet: entertainment, and other covered establishments.” § 760.02(11), Fla. Stat. (2016). Each of the following establishments…serving patrons of such covered establishment. § 760.02(11), Fla. Stat. (2016) (emphasis added). …appeal, Appellant relies upon the fact that section 760.02(11) does not expressly exclude libraries from the…considered a “place of entertainment” under section 760.02(11)(c), we disagree. A library is distinct from… to libraries than the places listed in section 760.02(11)(c). Had the Florida Legislature wished to include

Kim Cimino, Personal representative of the Estate of Michael Cimino, and Kim Cimino ex rel. Kim and Michael Cimino's Son v. American Airlines, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-20T00:00:00-08:00

Citation: 183 So. 3d 1242, 2016 Fla. App. LEXIS 720

Snippet: of her deceased .husband. We reverse, as section 760.02, Florida Statutes (2014) provides that a “legal…person -who files a complaint with the [FCHR].” § -760.02(10). Under the statute, “ ‘[person’ includes an…state; or any governmental entity or agency.” § 760.02(6) (emphasis added). ■ Mrs. Cimi-no filed her FCRA…well as a “legal representative.” §§ 760.11(1), 760.02(6), (10), Fla. Stat. The use of the word “includes

Marchman v. St. Anthony's Hospital, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-12T00:00:00-08:00

Citation: 152 So. 3d 830, 2014 Fla. App. LEXIS 20188, 2014 WL 7009720

Snippet: establishment. Id. She relied on section 760.02(11), Florida Statutes, 1 which defines…serving patrons of such covered establishment. § 760.02 (emphases added). Section 509.013 reads: (…Emphasis added). Marchman argues that based on section 760.02, particularly as discussed by Mena I, …governed by FCRA. 2 But to read section 760.02 in the way that Marchman beseeches requires that… to the remainder of the statute. True, section 760.02 is written to cast a wide net, as is its federal

Crane v. Lifemark Hosp. of Fla., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-15T00:00:00-07:00

Citation: 149 So. 3d 718, 2014 Fla. App. LEXIS 16840, 2014 WL 5151621

Snippet: patrons of such covered establishment. ■ § 760.02(11), Fla. Stat. (2011) (emphasis added). Crane… such covered establishment.” Fla. Stat. § 760.02(ll)(d) (emphasis added).... [T]he Defendants point… “place of public accommodation” under section 760.02(ll)(d). Accordingly, the Commission was correct…x27;Florida Civil Rights Act of 1992' ”); § 760.02(1) (" ‘Florida Civil Rights Act of 1992’ means

State v. Proctor

Court: Fla. Dist. Ct. App. | Date Filed: 2014-02-21T00:00:00-08:00

Citation: 161 So. 3d 409, 2014 WL 656751, 2014 Fla. App. LEXIS 2368

Snippet: reasonableness of a stop. Holland, 696 So.2d at 760.2 Utilizing the objective test outlined in both Holland

Sing v. NETTLES ISLAND MARINA

Court: Fla. Dist. Ct. App. | Date Filed: 2011-05-13T00:00:00-07:00

Citation: 70 So. 3d 632, 2011 Fla. App. LEXIS 6759, 2011 WL 1820827

Snippet: "public accommodation" under Section 760.02(11) Florida Statutes (2010) and, therefore, did…trigger any protection offered by the Act. Section 760.02(11)(a, d), Florida Statutes, defines a "public… "public accommodation" under Section 760.02(11)(a, d). Consequently, the case should be remanded

Mena v. Lifemark Hospitals of Florida, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-28T00:00:00-08:00

Citation: 50 So. 3d 759, 2010 Fla. App. LEXIS 20221, 2010 WL 5306523

Snippet: upon to determine whether, pursuant to section 760.02(11)(d), Florida Statutes, the presence of a cafeteria…handicap, familial status, or religion. Section 760.02(11) defines "public accommodations" as…Appellant contends, however, that pursuant to section 760.02(11)(d), where a hospital has a cafeteria on its…derivatively becomes a public accommodation. Section 760.02(11) defines as a public accommodation: (d) Any

Bolanos v. WORKFORCE ALLIANCE

Court: Fla. Dist. Ct. App. | Date Filed: 2009-10-27T00:00:00-07:00

Citation: 23 So. 3d 171, 2009 Fla. App. LEXIS 15999, 2009 WL 3430175

Snippet: agent of such a person." §§ 112.044(2)(b), 760.02(8), Fla. Stat. (2006). The legislative goals of

Ago

Court: Fla. Att'y Gen. | Date Filed: 2008-10-29T00:53:00-07:00

Snippet: entertainment" within the scope of section 760.02(11), Florida Statutes. Violations of statutes that…definition of a public accommodation in section 760. 02(11), Florida Statutes, could easily include a municipal…exhibition or entertainment within the scope of section 760.02(11), Florida Statutes. However, resolution of this… act. 3 Section 760.01(3), Fla. Stat. 4 Section 760.02(11)(c), Fla. Stat. 5 Sections 760.07 and 760.11

Patterson v. CONSUMER DEBT MANAGEMENT

Court: Fla. Dist. Ct. App. | Date Filed: 2008-03-19T00:53:00-07:00

Citation: 975 So. 2d 1290

Snippet: calendar year, and any agent of such a person." § 760.02(7), Fla. Stat. (1992) (emphasis added). As the

Maggio v. Fla. Dept. of Labor & Emp. SEC.

Court: Fla. | Date Filed: 2005-03-23T23:53:00-08:00

Citation: 899 So. 2d 1074

Snippet: employees ... and any agent of such person." § 760.02(7), Fla. Stat. (2003) (emphasis added). The Act…; or any governmental entity or agency." § 760.02(6), Fla. Stat. (2003). The inclusion of the State

Santini v. Cleveland Clinic Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2003-05-07T00:00:00-07:00

Citation: 843 So. 2d 1029, 2003 Fla. App. LEXIS 6675, 2003 WL 21012701

Snippet: definition section of the statute, specifically section 760.02(6), Florida Statutes, provides “ ‘Person’ includes

Chavarria v. Selugal Clothing, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-02-02T23:53:00-08:00

Citation: 840 So. 2d 1071

Snippet: to show clearly the basis for the award. Id. at 760.[2] In Hardy v. City of Tarpon Springs, 81 So.2d 503

Bell v. Board of Regents

Court: Fla. Dist. Ct. App. | Date Filed: 2000-10-12T00:00:00-07:00

Citation: 768 So. 2d 1244, 2000 Fla. App. LEXIS 13231

Snippet: that, when read in pari materia, sections 760.02(6), 760.02(7), 760.11(4), and 760.11(5), Florida Statutes

Williams v. School Board of Palm Beach County

Court: Fla. Dist. Ct. App. | Date Filed: 2000-10-11T00:00:00-07:00

Citation: 770 So. 2d 706, 2000 Fla. App. LEXIS 13205, 2000 WL 1505087

Snippet: statute. As the third district pointed out, section 760.02(6) includes “the state; or any governmental entity

Klonis v. State, Dept. of Revenue

Court: Fla. Dist. Ct. App. | Date Filed: 2000-09-15T00:00:00-07:00

Citation: 766 So. 2d 1186

Snippet: employer" within the meaning of the F.C.R.A. § 760.02(7), Fla. Stat. (1997). He alleged that he was employed… calendar year, and any agent of such person. § 760.02(7), Fla. Stat. (1997) (emphasis added). Third, …quot;any governmental entity or agency." § 760.02(6), Fla. Stat. (1997). Fourth, in the event the

Jones v. Brummer

Court: Fla. Dist. Ct. App. | Date Filed: 2000-08-16T00:53:00-07:00

Citation: 766 So. 2d 1107

Snippet: been waived in this case. Jones relies on section 760.02(6), Florida Statutes, which includes "the … current or preceding calendar year...." § 760.02(7), Fla. Stat. (1997)(emphasis added).

Nigro v. Brady

Court: Fla. Dist. Ct. App. | Date Filed: 1999-03-23T23:53:00-08:00

Citation: 731 So. 2d 54

Snippet: Hagan, 666 So.2d. at 587; Goutis, 699 So.2d at 760. [2] There are exceptions to the broad discretion

Sickon v. School Bd. of Alachua County

Court: Fla. Dist. Ct. App. | Date Filed: 1998-10-21T00:53:00-07:00

Citation: 719 So. 2d 360

Snippet: received supplemental pay at an annual rate of $1,760. [2] The petition of Mary Ann Sickon for a formal