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Florida Statute 760.02 | Lawyer Caselaw & Research
F.S. 760.02 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 760.02

The 2023 Florida Statutes (including Special Session C)

Title XLIV
CIVIL RIGHTS
Chapter 760
DISCRIMINATION IN THE TREATMENT OF PERSONS; MINORITY REPRESENTATION
View Entire Chapter
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 from cite.case.law:

OKPOSIO, v. BARRY UNIVERSITY MAIN CAMPUS, 252 So. 3d 1290 (Fla. App. Ct. 2018)

. . . ." § 760.02(11), Fla. Stat. (2016). . . . covered establishment, and which holds itself out as serving patrons of such covered establishment . § 760.02 . . . In support of his argument on appeal, Appellant relies upon the fact that section 760.02(11) does not . . . While Appellant argues that a library could be considered a "place of entertainment" under section 760.02 . . . Museums and galleries are far more similar to libraries than the places listed in section 760.02(11)( . . .

CIMINO, s v. AMERICAN AIRLINES, INC. a, 183 So. 3d 1242 (Fla. Dist. Ct. App. 2016)

. . . We reverse, as section 760.02, Florida Statutes (2014) provides that a “legal representative” is entitled . . . An “ ‘[a]g-grieved person’ means any person -who files a complaint with the [FCHR].” § -760.02(10). . . . organization; any other legal or commercial entity; the state; or any governmental entity or agency.” § 760.02 . . . complaint and that a “person” includes an “individual” as well as a “legal representative.” §§ 760.11(1), 760.02 . . .

ASHKENAZI, v. SOUTH BROWARD HOSPITAL DISTRICT d. b. a., 607 F. App'x 958 (11th Cir. 2015)

. . . . § 760.02(6) (defining a “person” under the FCRA as including “individuals]”), with 29 U.S.C. § 623( . . .

In LEHMAN BROTHERS INC. L. P. L. P. v. W. SIPA, 533 B.R. 362 (S.D.N.Y. 2015)

. . . Collier on Bankr-¶ 760.02 . Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub.L. . . .

MARCHMAN, v. ST. ANTHONY S HOSPITAL, INC., 152 So. 3d 830 (Fla. Dist. Ct. App. 2014)

. . . She relied on section 760.02(11), Florida Statutes, which defines as a public accommodation “any establishment . . . covered establishment, and which holds itself out as serving patrons of such covered establishment. § 760.02 . . . Marchman argues that based on section 760.02, particularly as discussed by Mena I, we should hold that . . . But to read section 760.02 in the way that Marchman beseeches requires that we turn a blind eye to the . . . True, section 760.02 is written to cast a wide net, as is its federal counterpart. . . .

CRANE, v. LIFEMARK HOSP. OF FLA. INC., 149 So. 3d 718 (Fla. Dist. Ct. App. 2014)

. . . . ■ § 760.02(11), Fla. Stat. (2011) (emphasis added). . . . Stat. § 760.02(ll)(d) (emphasis added).... . . . Civil Rights Act, they do not turn the Hospital into a “place of public accommodation” under section 760.02 . . . (“Sections 760.01-760.11 and 509.092 shall be cited as the 'Florida Civil Rights Act of 1992' ”); § 760.02 . . .

BIALEK, v. DELVISTA TOWERS CONDOMINIUM ASS N, INC. AKAM On-, 994 F. Supp. 2d 1277 (S.D. Fla. 2014)

. . . . § 760.02(7). The term “employee” is not individually defined in the Florida Civil Rights Act. . . .

SING, v. NETTLES ISLAND MARINA,, 70 So. 3d 632 (Fla. Dist. Ct. App. 2011)

. . . The Commission denied the charge, finding the marina was not a “public accommodation” under Section 760.02 . . . Section 760.02(ll)(a, d), Florida Statutes, defines a “public accommodation” as: Any [ ] restaurant, . . . the marina serves their patrons, the marina would qualify as a “public accommodation” under Section 760.02 . . .

MENA, v. LIFEMARK HOSPITALS OF FLORIDA, INC. d b a, 50 So. 3d 759 (Fla. Dist. Ct. App. 2010)

. . . In this case of first impression, we are called upon to determine whether, pursuant to section 760.02 . . . Section 760.02(11) defines “public accommodations” as “places of public accommodation, lodgings, facilities . . . Appellant contends, however, that pursuant to section 760.02(ll)(d), where a hospital has a cafeteria . . . Section 760.02(11) defines as a public accommodation: (d) Any establishment which is physically located . . .

A. BOLANOS, v. WORKFORCE ALLIANCE Am-, 23 So. 3d 171 (Fla. Dist. Ct. App. 2009)

. . . .” §§ 112.044(2)(b), 760.02(8), Fla. Stat. (2006). . . .

S. PATTERSON, v. CONSUMER DEBT MANAGEMENT AND EDUCATION, INC., 975 So. 2d 1290 (Fla. Dist. Ct. App. 2008)

. . . .” § 760.02(7), Fla. Stat. (1992) (emphasis added). . . .

SHEELY, v. MRI RADIOLOGY NETWORK, P. A. d. b. a. MRI- JFK,, 505 F.3d 1173 (11th Cir. 2007)

. . . Section 760.02(11) provides that “[fjor the purposes of §§ 760.01-760.11 and 509.092” — i.e., for purposes . . . Thus, § 760.02(ll)’s definition of “public accommodations” does not include medical facilities like MRN . . . action for “any Florida statute” making discrimination in places of public accommodation unlawful, § 760.02 . . . that “[b]ased on the information you provided, we are unable to pursue this matter further” because § 760.02 . . .

D. DUFFY, v. LOWE S HOME CENTERS, INC., 414 F. Supp. 2d 1133 (M.D. Fla. 2006)

. . . sufficient number of employees to meet the definition of an "employer' found in Florida Statutes section 760.02 . . . F.S. §§ 760.02; 760.10. .Duffy began working for Lowe's on May 12, 1999 in Alpharetta, Georgia. . . .

MAGGIO, v. FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY,, 899 So. 2d 1074 (Fla. 2005)

. . . .” § 760.02(7), Fla. Stat. (2003) (emphasis added). . . . .” § 760.02(6), Fla. Stat. (2003). . . .

SANTINI, M. D. v. CLEVELAND CLINIC FLORIDA, a, 843 So. 2d 1029 (Fla. Dist. Ct. App. 2003)

. . . The definition section of the statute, specifically section 760.02(6), Florida Statutes, provides “ ‘ . . .

MOUSA, v. LAUDA AIR LUFTFAHRT, A. G., 258 F. Supp. 2d 1329 (S.D. Fla. 2003)

. . . . § 760.02(7). “Person” is defined to include a corporation. Id. § 760.02(6). . . .

SYSTEM MANAGEMENT, INC. Me R. v. LOISELLE,, 138 F. Supp. 2d 78 (D. Mass. 2001)

. . . Thus Cruz’s total damages are $253.34, which are tripled to $760.02. b. . . . ORDER Judgment shall enter for Jose Cruz in the sum of $760.02 and for Lucio Ardon in the sum of $258.54 . . .

CONNOR, K. v. HALIFAX HOSPITAL MEDICAL CENTER, J. MA, MD, FCAP, s s, 135 F. Supp. 2d 1198 (M.D. Fla. 2001)

. . . . § 760.10 applies on its face to governmental entities or agencies, see § 760.02(6)—(7); § 760.10, § . . .

BELL, v. BOARD OF REGENTS, STATE OF FLORIDA,, 768 So. 2d 1244 (Fla. Dist. Ct. App. 2000)

. . . We conclude that, when read in pari materia, sections 760.02(6), 760.02(7), 760.11(4), and 760.11(5), . . .

WILLIAMS, v. SCHOOL BOARD OF PALM BEACH COUNTY,, 770 So. 2d 706 (Fla. Dist. Ct. App. 2000)

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

V. KLONIS, v. STATE DEPARTMENT OF REVENUE,, 766 So. 2d 1186 (Fla. Dist. Ct. App. 2000)

. . . . § 760.02(7), Fla. Stat. (1997). . . . 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person. § 760.02 . . . statutory definition of “person” expressly includes “the state” or “any governmental entity or agency.” § 760.02 . . .

JONES, v. H. BRUMMER,, 766 So. 2d 1107 (Fla. Dist. Ct. App. 2000)

. . . Jones relies on section 760.02(6), Florida Statutes, which includes “the state; or any governmental entity . . . each working day in each of 20 or more calendar weeks in the current or preceding calendar year....” § 760.02 . . .

SINCLAIR, v. DE JAY CORPORATION,, 170 F.3d 1045 (11th Cir. 1999)

. . . Section 760.02(7) defines an “employer” for purposes of the Florida Civil Rights Act as “any person employing . . . Ann. § 760.02(7). . . . We are obliged to give effect to the plain language of § 760.02(7). . . . The district court offered three reasons for its conclusion, notwithstanding the plain language of § 760.02 . . . introduce any evidence that his employer met the statutory definition of “employer” set forth in § 760.02 . . .

L. LYES, v. CITY OF RIVIERA BEACH, FLORIDA,, 166 F.3d 1332 (11th Cir. 1999)

. . . . § 760.02(6) (West 1997) (defining “person” under the Florida Civil Rights Act of 1992 to include “any . . .

STEVENS, v. STEAK N SHAKE, INC., 35 F. Supp. 2d 882 (M.D. Fla. 1998)

. . . . § 760.02 et. seq. and Fla.Stat. § 509.092. See Docket No. 2. . . .

DeSHIRO v. BRANCH, a d b a PPI a, 1 F. Supp. 2d 1357 (M.D. Fla. 1998)

. . . Florida Statutes § 760.02(7). . . .

SANDERS, v. MAYOR S JEWELERS, INC., 942 F. Supp. 571 (S.D. Fla. 1996)

. . . . § 760.02(7). Title VIPs definition of “employer” is identical. 42 U.S.C. § 2000e(b). . . .

BLOUNT, v. STERLING HEALTHCARE GROUP, INC. a J., 934 F. Supp. 1365 (S.D. Fla. 1996)

. . . . § 760.02(7) defines “employer” in substantially the same language as is used in the federal definition . . .

G. SUSSMAN, f k a M. v. SALEM, SAXON NIELSEN, P. A. A., 818 F. Supp. 1510 (M.D. Fla. 1993)

. . . . § 1002(5), and § 760.02(6), Fla.Stat. . . . Section 701(b) of Title VII, 42 U.S.C. § 2000e(b), Section 3(5) of ERISA, 29 U.S.C. § 1002(5), and § 760.02 . . .

BYRD, v. RICHARDSON- GREENSHIELDS SECURITIES, INC., 552 So. 2d 1099 (Fla. 1989)

. . . . § 760.02(6), Fla.Stat. (1987). . . .

LABORERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL v. BURROUGHS,, 541 So. 2d 1160 (Fla. 1989)

. . . Because section 760.02(6) limits the scope of the Human Rights Act to employers with fifteen or more . . .

ANDREWS v ALBERTSON S, INC., 32 Fla. Supp. 2d 204 (Fla. Div. Admin. Hearings 1988)

. . . each working day in each 20 or more calendar weeks in the current or preceding calendar year,” Section 760.02 . . .

LABORERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL v. BURROUGHS,, 522 So. 2d 852 (Fla. Dist. Ct. App. 1987)

. . . Specifically, section 760.02(6) of the Human Rights Act defines “employer” as “any person employing 15 . . .

FOSTER v. HANDLING SYSTEMS ENGINEERING, 29 Fla. Supp. 2d 187 (Fla. Div. Admin. Hearings 1987)

. . . The Petitioner is a black female, She is a person within the meaning of Sections 760.02(5) and 760.10 . . . The Respondent is an employer within the meaning of Section 760.02(6), Florida Statutes. 7. . . .

F. SHUTTLEWORTH, v. BROWARD COUNTY, T. J. Jr., 639 F. Supp. 654 (S.D. Fla. 1986)

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

HOUSING AUTHORITY OF CITY OF SANFORD, v. L. BILLINGSLEA,, 464 So. 2d 1221 (Fla. Dist. Ct. App. 1985)

. . . Under section 760.02 the term “employer” is defined to include the state or any governmental entity or . . .

GARNER, v. WARD,, 251 So. 2d 252 (Fla. 1971)

. . . . § 760.02, F.S.A., specifies the persons who may bring such action; Fla.Stat., § 768.03, F.S.A., also . . .

SCOFIELD, v. VALLEY PIPE LINE CO., 138 F.2d 835 (5th Cir. 1943)

. . . Of the indebtedness covered by the contract, $156,697.33 was incurred prior, and $5,-760.02 subsequent . . .