Florida Statute 760.2 - Full Text and Legal Analysis

The 2025 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

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Amendments to 760.02

Annotations, Discussions, Cases:

Cases Citing Statute 760.02

Total Results: 43

Byrd v. Richardson-Greenshields Securities, Inc.

552 So. 2d 1099, 14 Fla. L. Weekly 549, 7 I.E.R. Cas. (BNA) 1782, 1989 Fla. LEXIS 1057, 51 Empl. Prac. Dec. (CCH) 39,446, 58 Fair Empl. Prac. Cas. (BNA) 1606, 1989 WL 128596

Supreme Court of Florida | Filed: Oct 26, 1989 | Docket: 1200796

Cited 126 times | Published

include the actual employer and his or her agents. § 760.02(6), Fla. Stat. (1987). Clearly, the interpretation

79 Fair empl.prac.cas. (Bna) 330, 74 Empl. Prac. Dec. P 45,728, 75 Empl. Prac. Dec. P 45,728 Shari L. Lyes v. City of Riviera Beach, Florida, Cinthia Becton

166 F.3d 1332

Court of Appeals for the Eleventh Circuit | Filed: Feb 11, 1999 | Docket: 711366

Cited 98 times | Published

local governmental agencies. See Fla. Stat. Ann. § 760.02(6) (West 1997) (defining "person" under the Florida

Sheely v. MRI Radiology Network, P.A.

505 F.3d 1173, 2007 WL 3087215

Court of Appeals for the Eleventh Circuit | Filed: Nov 7, 2007 | Docket: 17166

Cited 94 times | Published

greater damages are expressly provided for.” Section 760.02(11) provides that “[fjor the purposes of §§

76 Fair empl.prac.cas. (Bna) 1475, 72 Empl. Prac. Dec. P 45,078, 48 Fed. R. Evid. Serv. 441, 11 Fla. L. Weekly Fed. C 827 Lawrence T. Zaben, James O. Lewis v. Air Products & Chemicals, Inc.

129 F.3d 1453

Court of Appeals for the Eleventh Circuit | Filed: Dec 3, 1997 | Docket: 161270

Cited 80 times | Published

and the Florida Civil Rights Act, West's F.S.A. § 760,2 alleging that their discharges were the result

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

899 So. 2d 1074, 2005 WL 673677

Supreme Court of Florida | Filed: Mar 24, 2005 | Docket: 757462

Cited 33 times | Published

more employees ... and any agent of such person." § 760.02(7), Fla. Stat. (2003) (emphasis added). The Act

Garner v. Ward

251 So. 2d 252

Supreme Court of Florida | Filed: Jul 7, 1971 | Docket: 364405

Cited 32 times | Published

right of action for wrongful death; Fla. Stat. § 760.02, F.S.A., specifies the persons who may bring such

Klonis v. State, Dept. of Revenue

766 So. 2d 1186, 2000 WL 1298940

District Court of Appeal of Florida | Filed: Sep 15, 2000 | Docket: 1329890

Cited 15 times | Published

"employer" within the meaning of the F.C.R.A. § 760.02(7), Fla. Stat. (1997). He alleged that he was

Blount v. Sterling Healthcare Group, Inc.

934 F. Supp. 1365, 1996 U.S. Dist. LEXIS 11239, 1996 WL 444930

District Court, S.D. Florida | Filed: May 28, 1996 | Docket: 1780139

Cited 15 times | Published

Act against Dresnick individually. Fla. Stat. § 760.02(7) defines "employer" in substantially the same

Shuttleworth v. Broward County

639 F. Supp. 654, 1 Am. Disabilities Cas. (BNA) 925, 1986 U.S. Dist. LEXIS 23064, 40 Empl. Prac. Dec. (CCH) 36,308, 41 Fair Empl. Prac. Cas. (BNA) 406

District Court, S.D. Florida | Filed: Jul 8, 1986 | Docket: 1341204

Cited 15 times | Published

support of this contention, the defendants cite to § 760.02(5), Florida Statutes (1983), which provides that

LABORERS'INTERN., LOCAL 478 v. Burroughs

541 So. 2d 1160, 1989 WL 33255

Supreme Court of Florida | Filed: Apr 6, 1989 | Docket: 1516529

Cited 14 times | Published

state legislation must be preserved. Because section 760.02(6) limits the scope of the Human Rights Act

Sanders v. Mayor's Jewelers, Inc.

942 F. Supp. 571, 1996 U.S. Dist. LEXIS 14223, 70 Empl. Prac. Dec. (CCH) 44,654, 76 Fair Empl. Prac. Cas. (BNA) 355, 1996 WL 550129

District Court, S.D. Florida | Filed: Aug 2, 1996 | Docket: 1247485

Cited 12 times | Published

year, and any agent of such a person." Fla.Stat. § 760.02(7). Title VII's definition of "employer" is identical

Lyes v. City of Riviera Beach

166 F.3d 1332, 1999 U.S. App. LEXIS 2333, 74 Empl. Prac. Dec. (CCH) 45,728, 79 Fair Empl. Prac. Cas. (BNA) 330

Court of Appeals for the Eleventh Circuit | Filed: Feb 11, 1999 | Docket: 64065083

Cited 9 times | Published

local governmental agencies. See Fla. Stat. Ann. § 760.02(6) (West 1997) (defining “person” under the Florida

Mousa v. Lauda Air Luftfahrt, A.G.

258 F. Supp. 2d 1329, 2003 U.S. Dist. LEXIS 11159

District Court, S.D. Florida | Filed: Mar 31, 2003 | Docket: 2347453

Cited 6 times | Published

calendar year." Id. § 760.02(7). "Person" is defined to include a corporation. Id. § 760.02(6). Again, the

Shelly SINCLAIR, Plaintiff-Appellant, v. DE JAY CORPORATION, Defendant-Appellee

170 F.3d 1045, 1999 U.S. App. LEXIS 4868, 75 Empl. Prac. Dec. (CCH) 45,792, 79 Fair Empl. Prac. Cas. (BNA) 493, 1999 WL 156096

Court of Appeals for the Eleventh Circuit | Filed: Mar 23, 1999 | Docket: 711893

Cited 6 times | Published

point is the plain language of the statute. Section 760.02(7) defines an “employer” for purposes of the

Stevens v. Steak N Shake, Inc.

35 F. Supp. 2d 882, 1998 U.S. Dist. LEXIS 22139, 1998 WL 953737

District Court, M.D. Florida | Filed: Sep 3, 1998 | Docket: 2359070

Cited 6 times | Published

the Florida Civil Rights Act of 1992, Fla.Stat. § 760.02 et. seq. and Fla.Stat. § 509.092.[1]See *885 Docket

Stevens v. Steak N Shake, Inc.

35 F. Supp. 2d 882, 1998 U.S. Dist. LEXIS 22139, 1998 WL 953737

District Court, M.D. Florida | Filed: Sep 3, 1998 | Docket: 2359070

Cited 6 times | Published

the Florida Civil Rights Act of 1992, Fla.Stat. § 760.02 et. seq. and Fla.Stat. § 509.092.[1]See *885 Docket

Connor v. Halifax Hospital Medical Center

135 F. Supp. 2d 1198, 2001 U.S. Dist. LEXIS 2484

District Court, M.D. Florida | Filed: Mar 5, 2001 | Docket: 2370472

Cited 4 times | Published

face to governmental entities or agencies, see § 760.02(6)-(7); § 760.10, § 760 contains no express waiver

Patterson v. CONSUMER DEBT MANAGEMENT

975 So. 2d 1290, 2008 WL 724180

District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1423366

Cited 3 times | Published

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

Duffy v. Lowe's Home Centers, Inc.

414 F. Supp. 2d 1133, 2006 U.S. Dist. LEXIS 3748, 2006 WL 229503

District Court, M.D. Florida | Filed: Jan 31, 2006 | Docket: 2323255

Cited 3 times | Published

of an "employer" found in Florida Statutes section 760.02(7), and is thus subject to the provisions of

Jones v. Brummer

766 So. 2d 1107, 2000 WL 1153990

District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 1329624

Cited 3 times | Published

expressly been waived in this case. Jones relies on section 760.02(6), Florida Statutes, which includes "the state;

Zaben v. Air Products & Chemicals, Inc.

129 F.3d 1453, 48 Fed. R. Serv. 441, 1997 U.S. App. LEXIS 34023, 72 Empl. Prac. Dec. (CCH) 45,078, 76 Fair Empl. Prac. Cas. (BNA) 1475, 1997 WL 744624

Court of Appeals for the Eleventh Circuit | Filed: Dec 3, 1997 | Docket: 422180

Cited 3 times | Published

the Florida Civil Rights Act, West’s F.S.A. § 760, 2 alleging that their discharges were the

Housing Authority v. Billingslea

464 So. 2d 1221, 41 Fair Empl. Prac. Cas. (BNA) 419

District Court of Appeal of Florida | Filed: Jan 3, 1985 | Docket: 1661276

Cited 3 times | Published

origin, age, handicap, or marital status. Under section 760.02 the term "employer" is defined to include the

Bialek v. Delvista Towers Condominium Ass'n

994 F. Supp. 2d 1277, 2014 WL 109136, 2014 U.S. Dist. LEXIS 3022

District Court, S.D. Florida | Filed: Jan 10, 2014 | Docket: 65997077

Cited 2 times | Published

current or preceding calendar year.” Fla. Stat. § 760.02(7). The term “employee” is not individually defined

Mena v. Lifemark Hospitals of Florida, Inc.

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

District Court of Appeal of Florida | Filed: Dec 28, 2010 | Docket: 2397439

Cited 2 times | Published

called upon to determine whether, pursuant to section 760.02(11)(d), Florida Statutes, the presence of a

Abraka Okposio v. Barry University (Main Campus)

252 So. 3d 1290

District Court of Appeal of Florida | Filed: Sep 25, 2018 | Docket: 7927602

Cited 1 times | Published

entertainment, and other covered establishments.” § 760.02(11), Fla. Stat. (2016). Each of the following

Santini v. Cleveland Clinic Florida

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

District Court of Appeal of Florida | Filed: May 7, 2003 | Docket: 64822558

Cited 1 times | Published

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

LABORERS'INTERN, L. 478 v. Burroughs

522 So. 2d 852

District Court of Appeal of Florida | Filed: Feb 23, 1988 | Docket: 1660861

Cited 1 times | Published

III, § 11A, Dade County Code. Specifically, section 760.02(6) of the Human Rights Act defines "employer"

Davis v. Big Bend Hospice, Inc.

District Court of Appeal of Florida | Filed: Aug 20, 2025 | Docket: 71154550

Published

“the commission,” as the term is defined in section 760.02(2), Florida Statutes. Hence, she argued, the

Karla Pacheco v. Waldo Acebo, M.D., P.A., Etc.

District Court of Appeal of Florida | Filed: Feb 19, 2025 | Docket: 69651959

Published

corporations for acts of discrimination.” (quoting § 760.02(7), Fla. Stat.)) (emphasis omitted).

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

District Court of Appeal of Florida | Filed: Feb 15, 2023 | Docket: 66814493

Published

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

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.

183 So. 3d 1242, 2016 Fla. App. LEXIS 720, 2016 WL 231511

District Court of Appeal of Florida | Filed: Jan 20, 2016 | Docket: 3029489

Published

behalf of her deceased .husband. We reverse, as section 760.02, Florida Statutes (2014) provides that a “legal

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

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

District Court of Appeal of Florida | Filed: Dec 12, 2014 | Docket: 2614426

Published

establishment. Id. She relied on section 760.02(11), Florida Statutes, 1 which defines

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

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

District Court of Appeal of Florida | Filed: Oct 15, 2014 | Docket: 1447565

Published

patrons of such covered establishment. ■ § 760.02(11), Fla. Stat. (2011) (emphasis added).

Sing v. NETTLES ISLAND MARINA

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

District Court of Appeal of Florida | Filed: May 13, 2011 | Docket: 2358272

Published

marina was not a "public accommodation" under Section 760.02(11) Florida Statutes (2010) and, therefore

Ago

Florida Attorney General Reports | Filed: Oct 29, 2008 | Docket: 3256588

Published

exhibition or entertainment" within the scope of section 760.02(11), Florida Statutes. Violations of statutes

Williams v. School Board of Palm Beach County

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

District Court of Appeal of Florida | Filed: Oct 11, 2000 | Docket: 64801527

Published

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

Sinclair v. De Jay Corporation

Court of Appeals for the Eleventh Circuit | Filed: Mar 23, 1999 | Docket: 395143

Published

point is the plain language of the statute. Section 760.02(7) defines an "employer" for purposes

Sinclair v. De Jay Corporation

Court of Appeals for the Eleventh Circuit | Filed: Mar 23, 1999 | Docket: 2037171

Published

point is the plain language of the statute. Section 760.02(7) defines an “employer” for purposes of the

DeShiro v. Branch

1 F. Supp. 2d 1357, 1998 U.S. Dist. LEXIS 5555, 1998 WL 188125

District Court, M.D. Florida | Filed: Apr 17, 1998 | Docket: 2435665

Published

or preceding calendar year." Florida Statutes § 760.02(7). Paramount's "working days" are Monday through

Zaben v. Air Products & Chemicals

Court of Appeals for the Eleventh Circuit | Filed: Dec 3, 1997 | Docket: 422210

Published

and the Florida Civil Rights Act, West’s F.S.A. § 760,2 alleging that their discharges were the result

Lyes v. City of Riviera Beach, FL

Court of Appeals for the Eleventh Circuit | Filed: Nov 5, 1997 | Docket: 236479

Published

local governmental agencies. See Fla. Stat. Ann. § 760.02(6) (West 1997) (defining “person” under the Florida

Lyes v. City of Riviera Beach, FL

Court of Appeals for the Eleventh Circuit | Filed: Nov 5, 1997 | Docket: 211757

Published

local governmental agencies. See Fla. Stat. Ann. § 760.02(6) (West 1997) (defining "person" under

Sussman v. Salem, Saxon & Nielsen, P.A.

818 F. Supp. 1510, 26 Fed. R. Serv. 3d 1054, 1993 U.S. Dist. LEXIS 4994, 65 Empl. Prac. Dec. (CCH) 43,361, 1993 WL 118154

District Court, M.D. Florida | Filed: Apr 13, 1993 | Docket: 65983647

Published

Section 3(5) of ERISA, 29 U.S.C. § 1002(5), and § 760.02(6), Fla.Stat. [and] have established an ‘employee