Florida

Adickes v. S.H. Kress & Co. in Florida Law

How Adickes v. S.H. Kress & Co. applies in Florida: state-specific rules, key cases, and bar exam notes for Other.

State Approach

Florida law follows the precedent set by Adickes regarding the burden of proof in public accommodations discrimination cases, emphasizing the necessity of demonstrating state action when alleging violation of constitutional rights. Florida courts similarly examine whether a private entity's actions are intertwined with government action to establish liability.

State Rule
In Florida, a plaintiff must show that the defendant's actions constituted state action and that discrimination occurred within a public accommodation context, as mandated by the Florida Civil Rights Act.
Significant State Cases

Kramer v. P. & L. Industries, Inc.

This case held that a store's refusal of service could constitute a violation of Florida's anti-discrimination laws if it can be linked to state action.

Maldonado v. BMC West Corporation

The court found that the company's discriminatory practices in employment qualified as state action under Florida law, thus establishing liability.

Hollingsworth v. State of Florida

This case clarified that for an action to be deemed state action, there must be a significant governmental connection to the discriminatory behavior.

Comparison to Federal Law

Florida's approach aligns with the federal standard established in Adickes, where state action is crucial for public accommodation claims. However, Florida's statutes may provide broader protections compared to federal law, extending anti-discrimination measures beyond what the federal law requires.

Bar Exam Note

Understanding the principles from Adickes is critical for Florida bar exam candidates, particularly concerning the application of the state's civil rights statutes and the burden of proof in discrimination cases.

Practice Pointers
  • Always analyze whether the defendant's action meets the threshold for state action under Florida law.
  • Gather evidence that links discriminatory practices to state or governmental involvement to support your claims.
  • Be familiar with relevant Florida cases that interpret the principles from Adickes to effectively argue your case.

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