LOGUE, J.
We review the decision of the Florida Commission on Human Relations which held that it lacked jurisdiction to adjudicate a complaint filed by Harold Crane, who is deaf, against Lifemark Hospital of Florida, Inc., for failure to provide an American Sign Language interpreter. The issue on appeal is whether a private hospital in Florida constitutes a "public accommodation" under the Florida Civil Rights Act of 1992 by virtue of having a cafeteria within its premises. Based on express language in the Act that excludes cafeterias in hospitals from the provisions of the Act, we agree with the Commission that it does not have jurisdiction. Accordingly, we affirm the Commission's determination that it lacked jurisdiction of this dispute.
In his complaint, Crane alleged he is deaf, does not speak, and that his primary language is American Sign Language. During his four-day admission to the Hospital, Crane alleges, the telecommunications device for the deaf provided to him by the Hospital was inadequate, and although he requested an interpreter, the Hospital failed to provide one until an hour before he was discharged. As a result, at various points during his stay, he was unable to understand or communicate with the doctors and nurses who treated him. Particularly pertinent to the legal issue on appeal, Crane alleged the Hospital "is a covered accommodation by the presence of a food service establishment including the hospital cafeteria, and snack bar on the first floor called Out Takes, as well as vending machines."
After his discharge, Crane filed the complaint at issue. The Commission dismissed the complaint for lack of jurisdiction. It determined that a private hospital
The Florida Civil Rights Act of 1992 prohibits discrimination based on handicap in places of public accommodation. In this regards, it reads:
§ 760.08, Fla. Stat. (2011).
As the language quoted above indicates, however, the provisions of the act extend only to a "place of public accommodation." The Act defines "public accommodation" by listing specific types of establishments and by including a general category at the end of its definition. The establishments specifically listed do not include hospitals. Crane, however, relies on the general provision at the end of the definition. The definition reads, in pertinent part:
§ 760.02(11), Fla. Stat. (2011) (emphasis added).
Crane contends that the existence of the cafeteria on the grounds of the Hospital causes the Hospital to qualify as a public accommodation because the cafeteria, a covered establishment, is located within the Hospital and the Hospital holds itself out as serving the patrons of the cafeteria. The Florida Civil Rights Act, however, includes specific language that excludes from its provisions food service establishments located in private hospitals.
Section 509.092 of the Florida Civil Rights Act expressly prohibits discrimination in public food service establishments.
The Act, however, goes on to define public food service establishments in a manner that expressly excludes from its provisions food service establishments in
§ 509.013(5)(a)-(b)(4), Fla. Stat. (2011) (emphasis added).
The Hospital is a facility that is certified, licensed, and regulated by the Florida Agency for Health Care Administration; among other things, it is required to have a license issued by the Agency for Health Care Administration in order to operate as a hospital. § 395.003(1)(a), Fla. Stat. (2011). The cafeteria within its premises is therefore excluded from the definition of "public food service establishments" covered by the Florida Civil Rights Act. Because the cafeteria in the Hospital is not a covered establishment, the cafeteria's location within the premises of the Hospital does not cause the Hospital to become a covered establishment.
The identical interpretation of the statutes was reached by the federal district court in Martin v. Halifax Healthcare Systems, Inc., No. 6:12-cv-1268-Orl-31DAB, 2014 WL 1415647, at *2 (M.D.Fla. Apr. 11, 2014). The Court reasoned:
Crane notes, however, that the Florida Civil Rights Act provides that its purposes "are to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status...." § 760.01(3). The Act then expressly requires that its terms "shall be construed according to the fair import of its terms and purposes stated in this section and the special purposes of the particular provision involved." Id. Based on this language, Crane suggests that the court should go beyond the literal meaning of the Act in order to effectuate its broad, remedial purpose.
The language of the Act requiring that it be interpreted broadly to fulfill its remedial purpose, however, does not displace the fundamental canons of statutory interpretation that (1) "legislative intent is the polestar that guides this Court's interpretation" and (2) "[t]o discern legislative intent, we look `primarily' to the actual language used in the statute." Borden v. East-European Ins. Co., 921 So.2d 587, 595 (Fla.2006); see also Delva v. Cont'l Group, Inc., 137 So.3d 371 (Fla.2014) (interpreting the Florida Civil Rights Act of 1992, holding "[w]hen construing a statute, this Court attempts to give effect to the Legislature's intent, looking first to the actual language used in the statute and its plain meaning") (citations and quotations omitted). Applying these fundamental canons of statutory construction, we find that the broad statement in the Act that it should be interpreted to accomplish its remedial purposes does not authorize a court to ignore the Legislature's clear, unambiguous, and express exclusion of cafeterias in hospitals from the statutory definition of "public food service establishments."
Because the eating establishments are not covered under the Florida Civil Rights Act, they do not turn the Hospital into a
Affirmed.