Public Accommodations Discrimination Complaints

This short pre-screening questionnaire will help us determine if your issue falls under the FCHR’s jurisdiction. Please click the button below and answer the following questions to the best of your ability.

Public Accommodations Discrimination Pre-screening Questions

Under Chapter 760, Florida Statutes (Section 760.08), Florida law prohibits discrimination in places of public accommodation.

This statute applies to places offering lodging, food for consumption on the premises, gasoline, or entertainment to the public. The law ensures that all people are entitled to the full and equal enjoyment of goods, services, facilities, and privileges without discrimination based on:

  • Race

  • Color

  • National Origin

  • Sex- does not include sexual orientation, gender identity, or transgender status

  • Pregnancy

  • Handicap (Disability)

  • Familial Status

  • Religion

If your complaint involves discrimination based on sexual orientation or gender identity, you may wish to contact the U.S. Equal Employment Opportunity Commission (EEOC) or the U.S. Department of Justice, as federal law may provide additional protections.

What Is a “Public Accommodation”?

“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 that serve the public is considered a place of public accommodation:

(a) Lodging Establishments

  • Any inn, hotel, motel, or other establishment providing lodging to transient guests

  • Excludes establishments located within a building containing no more than four rooms for rent or hire and actually occupied by the proprietor as a residence

(b) Food Service Establishments

  • Restaurants

  • Cafeterias

  • Lunchrooms and lunch counters

  • Soda fountains

  • Other facilities principally engaged in selling food for consumption on the premises

  • Includes food facilities located within retail establishments or gasoline stations

(c) Places of Exhibition or Entertainment

  • Motion picture theaters

  • Theaters

  • Concert halls

  • Sports arenas

  • Stadiums

  • Other places of exhibition or entertainment

Who May File a Complaint?

  • Floridians and visitors to the State of Florida who are denied full and equal access to goods and services at restaurants, hotels and motels, gasoline stations, theaters, or other covered public accommodations — without discrimination or segregation — may file a complaint.

  • Filing Deadline:
    A complaint must be filed within 365 days of the alleged unlawful practice.

FCHR Public Accommodations: Jurisdiction Table

Commonly Covered (FCHR Jurisdiction) Commonly NOT Covered (No Jurisdiction)
Lodging: Hotels, motels, and inns. Private Clubs: Establishments with strictly selective membership that are not open to the public are explicitly exempt.
Dining: Restaurants, cafeterias, bars, and dining facilities within other buildings. Religious Institutions: Churches or facilities operated by religious organizations for non-commercial purposes.
Entertainment: Theaters, stadiums, concert halls, and exhibition halls. Private Residences: Airbnb or rentals that don't function as standard hotels (these usually fall under Fair Housing, not Public Accommodations).
Gas Stations: And most retail establishments are attached to them. Doctors / Dentists: Private medical practices are rarely covered under the state statute (though they are covered by the Federal ADA).
Retail-in-Service: Cafeterias or gift shops located within otherwise exempt buildings (like hospitals). Hospitals: FCHR typically lacks jurisdiction here unless the complaint involves a retail/dining component (like a cafeteria).
Public Facilities: Any establishment intended for the sale of goods or services to the public. Courts / Government: Government entities are not "public accommodations" under this statute. Complaints usually involve Due Process or ADA Title II.
Recreation: Gyms, bowling alleys, and golf courses open to the general public. The "Rudeness" Factor: Businesses that are mean or unhelpful but apply that rudeness to everyone equally (no discriminatory intent).

Note on Statutory Limits

FCHR jurisdiction over Public Accommodations is strictly defined by Chapter 760, Florida Statutes. Many entities — including private medical practices, government agencies, and strict private clubs — may be excluded because they do not meet the statutory definition of public accommodation.

Alternative Recourse

If an entity is excluded from FCHR jurisdiction, it may still be subject to federal law. Disability-related complaints involving government offices (Title II) or private medical providers (Title III) are often handled by the U.S. Department of Justice ADA Portal

Helpful Resources

If a complaint does not fall under the jurisdiction of the Florida Commission on Human Relations (FCHR) Public Accommodation Law, several other states, federal, and non-profit resources can provide protection or legal guidance.

Helpful Resources

If the complaint is against... File with this Agency Reasoning
Doctors, Dentists, & Medical Clinics U.S. Dept. of Justice (Civil Rights Div.) or Florida Dept. of Health Private professional offices are generally not "public accommodations" under FL statute but are covered by the Federal ADA.
Courts & Government Buildings U.S. Dept. of Justice (ADA Title II) Government entities are considered "public services," not "public accommodations." File under ADA Title II for accessibility/discrimination issues.
Hospitals (General Services) U.S. Dept. of Health & Human Services (OCR) Hospitals are regulated federally for civil rights, particularly if they receive federal funding (Medicare/Medicaid).
Police or Sheriff's Dept. U.S. Dept. of Justice (Civil Rights Div.) Law enforcement behavior is a "public service" issue, not a retail or lodging "accommodation."
Judges / Legal Conduct Florida Judicial Qualifications Commission Specifically for misconduct or bias by a judge in a professional capacity.
Private Clubs / HOAs Florida Dept. of Business & Professional Regulation (DBPR) Private clubs are exempt from the FCHR; HOAs fall under different state regulatory or housing-specific laws.

This information is provided for general guidance only and does not constitute legal advice.

If you have any questions regarding the filing of a Public Accommodations Complaint, please contact Florida Commission on Human Relations 📞 (850) 488-7082