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House Bill 1193

Florida House of Representatives - 1997 HB 1193 By Representative Hill 1 A bill to be entitled 2 An act relating to the Human Relations 3 Commission; amending s. 760.02, F.S.; changing 4 the name of the Human Relations Commission to 5 the Human Rights Commission; amending s. 6 760.03, F.S.; authorizing and ratifying 7 investigatory determinations by the executive 8 director of the commission; amending s. 760.04, 9 F.S.; conforming wording to name change; 10 amending s. 760.07, F.S.; establishing 11 guidelines whereby certain types of 12 discrimination are not unlawful; amending s. 13 760.11, F.S.; eliminating requirement for 14 registered mail; authorizing referral of 15 complaints to agencies of the United States; 16 amending s. 760.22, F.S.; conforming wording to 17 name change; amending s. 760.34, F.S.; 18 authorizing the commission to bring actions to 19 enforce the fair housing act; amending s. 20 760.35, F.S.; revising statute of limitations 21 for actions involving housing discrimination; 22 amending ss. 760.36, 760.60, 110.112, 110.205, 23 119.07, 553.77, F.S.; conforming wording to 24 name change; ratifying referrals made by the 25 commission; providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Subsections (2) and (10) of section 760.02, 30 Florida Statutes, are amended to read: 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1193 504-136-97 1 760.02 Definitions.--For the purposes of ss. 2 760.01-760.11 and 509.092, the term: 3 (2) "Commission" means the Florida Commission on Human 4 Rights Relations created by s. 760.03. 5 (10) "Aggrieved person" means any person who files a 6 complaint with the Human Rights Relations Commission. 7 Section 2. Subsections (1) and (7) of section 760.03, 8 Florida Statutes, are amended to read: 9 760.03 Commission on Human Rights Relations; staff.-- 10 (1) There is hereby created the Florida Commission on 11 Human Rights Relations, comprised of 12 members appointed by 12 the Governor, subject to confirmation by the Senate. The 13 commission shall select one of its members to serve as 14 chairperson for terms of 2 years. 15 (7) The commission shall appoint, and may remove, an 16 executive director who, with the consent of the commission, 17 may employ a deputy, attorneys, investigators, clerks, and 18 such other personnel as may be necessary adequately to perform 19 the functions of the commission, within budgetary limitations. 20 The executive director is authorized to make and issue 21 investigatory determinations. Investigatory determinations 22 made by the executive director on or after October 1, 1992, 23 are ratified and declared lawful. 24 Section 3. The catchline of section 760.04, Florida 25 Statutes, 1996 Supplement, is amended to read: 26 760.04 Commission on Human Rights Relations, assigned 27 to Department of Management Services.--The commission created 28 by s. 760.03 is assigned to the Department of Management 29 Services. The commission, in the performance of its duties 30 pursuant to the Florida Civil Rights Act of 1992, shall not be 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1193 504-136-97 1 subject to control, supervision, or direction by the 2 Department of Management Services. 3 Section 4. Section 760.07, Florida Statutes, is 4 amended to read: 5 760.07 Remedies for unlawful discrimination.-- 6 (1) Any violation of any Florida statute making 7 unlawful discrimination because of race, color, religion, 8 gender, national origin, age, handicap, or marital status in 9 the areas of education, employment, housing, or public 10 accommodations gives rise to a cause of action for all relief 11 and damages described in s. 760.11(5), unless greater damages 12 are expressly provided for. If the statute prohibiting 13 unlawful discrimination provides an administrative remedy, the 14 action for equitable relief and damages provided for in this 15 section may be initiated only after the plaintiff has 16 exhausted his administrative remedy. The term "public 17 accommodations" does not include lodge halls or other similar 18 facilities of private organizations which are made available 19 for public use occasionally or periodically. The right to 20 trial by jury is preserved in any case in which the plaintiff 21 is seeking actual or punitive damages. 22 (2) Discrimination on the basis of handicap includes 23 not making reasonable accommodations to the known physical or 24 mental limitations of an otherwise qualified individual with a 25 disability who is an applicant or an employee unless the 26 covered entity can demonstrate that the accommodation would 27 impose an undue hardship on the operation of the business or 28 covered entity. 29 (3) Discrimination on the basis of sex includes 30 discrimination because of or on the basis of pregnancy, 31 childbirth, or related conditions. 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1193 504-136-97 1 Section 5. Subsections (1) and (2) of section 760.11, 2 Florida Statutes, 1996 Supplement, are amended to read: 3 760.11 Administrative and civil remedies; 4 construction.-- 5 (1) Any person aggrieved by a violation of ss. 6 760.01-760.10 may file a complaint with the commission within 7 365 days of the alleged violation, naming the employer, 8 employment agency, labor organization, or joint 9 labor-management committee, or, in the case of an alleged 10 violation of s. 760.10(5), the person responsible for the 11 violation and describing the violation. Any person aggrieved 12 by a violation of s. 509.092 may file a complaint with the 13 commission within 365 days of the alleged violation naming the 14 person responsible for the violation and describing the 15 violation. The commission, a commissioner, or the Attorney 16 General may in like manner file such a complaint. On the same 17 day the complaint is filed with the commission, the commission 18 shall clearly stamp on the face of the complaint the date the 19 complaint was filed with the commission. The complaint shall 20 contain a short and plain statement of the facts describing 21 the violation and the relief sought. The commission may 22 require additional information to be in the complaint. The 23 commission, within 5 days of the complaint being filed, shall 24 by registered mail send a copy of the complaint to the person 25 who allegedly committed the violation. The person who 26 allegedly committed the violation may file an answer to the 27 complaint within 25 days of the date the complaint was filed 28 with the commission. Any answer filed shall be mailed to the 29 aggrieved person by the person filing the answer. Both the 30 complaint and the answer shall be verified. 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1193 504-136-97 1 (2) In the event that any other agency of the United 2 States, the state, or of any other unit of government of the 3 state has jurisdiction of the subject matter of any complaint 4 filed with the commission and has legal authority to 5 investigate the complaint, the commission may refer such 6 complaint to such agency for an investigation. Referral of 7 such a complaint by the commission shall not constitute agency 8 action within the meaning of s. 120.52. In the event of any 9 referral under this subsection, the commission shall accord 10 substantial weight to any findings and conclusions of any such 11 agency. The referral of a complaint by the commission to a 12 local agency does not divest the commission's jurisdiction 13 over the complaint. 14 Section 6. Subsection (1) of section 760.22, Florida 15 Statutes, is amended to read: 16 760.22 Definitions.--As used in ss. 760.20-760.37, the 17 term: 18 (1) "Commission" means the Florida Commission on Human 19 Rights Relations. 20 Section 7. Subsection (4) of section 760.34, Florida 21 Statutes, 1996 Supplement, is amended to read: 22 760.34 Enforcement.-- 23 (4) If, within 180 days after a complaint is filed 24 with the commission or within 180 days after expiration of any 25 period of reference under subsection (3), the commission has 26 been unable to obtain voluntary compliance with ss. 27 760.20-760.37, the person aggrieved may commence a civil 28 action in any appropriate court against the respondent named 29 in the complaint or petition for an administrative 30 determination pursuant to s. 760.35 to enforce the rights 31 granted or protected by ss. 760.20-760.37. If, as a result of 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1193 504-136-97 1 its investigation under subsection (1), the commission finds 2 there is reasonable cause to believe that a discriminatory 3 housing practice has occurred, at the request of the person 4 aggrieved, the Attorney General or the Commission shall bring 5 an action in the name of the state on behalf of the aggrieved 6 person to enforce the provisions of ss. 760.20-760.37. 7 Section 8. Subsection (1) of section 760.35, Florida 8 Statutes, 1996 Supplement, is amended to read: 9 760.35 Civil actions and relief; administrative 10 procedures.-- 11 (1) A civil action shall be commenced no later than 2 12 years after an alleged discriminatory housing practice has 13 occurred. The computation of the 2-year period may not 14 include any time during which the complaint for administrative 15 relief is pending before the commission. However, the court 16 shall continue a civil case brought pursuant to this section 17 or s. 760.34 from time to time before bringing it to trial if 18 the court believes that the conciliation efforts of the 19 commission or local agency are likely to result in 20 satisfactory settlement of the discriminatory housing practice 21 complained of in the complaint made to the commission or to 22 the local agency and which practice forms the basis for the 23 action in court. Any sale, encumbrance, or rental consummated 24 prior to the issuance of any court order issued under the 25 authority of ss. 760.20-760.37 and involving a bona fide 26 purchaser, encumbrancer, or tenant without actual notice of 27 the existence of the filing of a complaint or civil action 28 under the provisions of ss. 760.20-760.37 shall not be 29 affected. 30 Section 9. Section 760.36, Florida Statutes, is 31 amended to read: 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1193 504-136-97 1 760.36 Conciliation agreements.--Any conciliation 2 agreement arising out of conciliation efforts by the Florida 3 Commission on Human Rights Relations pursuant to the Fair 4 Housing Act must be agreed to by the respondent and the 5 complainant and is subject to the approval of the commission. 6 Notwithstanding the provisions of s. 760.11(11) and (12), each 7 conciliation agreement arising out of a complaint filed under 8 the Fair Housing Act shall be made public unless the 9 complainant and the respondent otherwise agree and the 10 commission determines that disclosure is not required to 11 further the purposes of the Florida Fair Housing Act. The 12 exemption from s. 119.07(1) specified in this subsection is 13 subject to the Open Government Sunset Review Act in accordance 14 with s. 119.14. 15 Section 10. Subsection (2) of section 760.60, Florida 16 Statutes, is amended to read: 17 760.60 Discriminatory practices of certain clubs 18 prohibited; remedies.-- 19 (2) A person who has been discriminated against in 20 violation of this act may file a complaint with the Commission 21 on Human Rights Relations or with the Attorney General's 22 Office of Civil Rights. A complaint must be in writing and 23 must contain such information and be in such form as the 24 commission requires. Upon receipt of a complaint, the 25 commission or the Attorney General shall provide a copy to the 26 person who represents the club. Within 30 days after 27 receiving a complaint, the commission or the Attorney General 28 shall investigate the alleged discrimination and give notice 29 in writing to the person who filed the complaint if it intends 30 to resolve the complaint. If the commission or the Attorney 31 General decides to resolve the complaint, it shall attempt to 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1193 504-136-97 1 eliminate or correct the alleged discriminatory practices of a 2 club by informal methods of conference, conciliation, and 3 persuasion. 4 Section 11. Subsection (5) of section 110.112, Florida 5 Statutes, 1996 Supplement, is amended to read: 6 110.112 Affirmative action; equal employment 7 opportunity.-- 8 (5) Any individual claiming to be aggrieved by an 9 unlawful employment practice may file a complaint with the 10 Florida Commission on Human Rights Relations as provided in s. 11 760.10 by s. 760.10(10). 12 Section 12. Paragraph (m) of subsection (2) of section 13 110.205, Florida Statutes, 1996 Supplement, is amended to 14 read: 15 110.205 Career service; exemptions.-- 16 (2) EXEMPT POSITIONS.--The exempt positions which are 17 not covered by this part include the following, provided that 18 no position, except for positions established for a limited 19 period of time pursuant to paragraph (h), shall be exempted if 20 the position reports to a position in the career service: 21 (m)1. In addition to those positions exempted by other 22 paragraphs of this subsection, each department head may 23 designate a maximum of 20 policymaking or managerial 24 positions, as defined by the department and approved by the 25 Administration Commission, as being exempt from the Career 26 Service System. Career service employees who occupy a 27 position designated as a position in the Selected Exempt 28 Service under this paragraph shall have the right to remain in 29 the Career Service System by opting to serve in a position not 30 exempted by the employing agency. Unless otherwise fixed by 31 law, the department shall set the salary and benefits of these 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1193 504-136-97 1 positions in accordance with the rules of the Selected Exempt 2 Service; provided, however, that if the agency head determines 3 that the general counsel, chief Cabinet aide, public 4 information administrator or comparable position for a Cabinet 5 officer, inspector general, or legislative affairs director 6 has both policymaking and managerial responsibilities and if 7 the department determines that any such position has both 8 policymaking and managerial responsibilities, the salary and 9 benefits for each such position shall be established by the 10 department in accordance with the rules of the Senior 11 Management Service. 12 2. If otherwise exempt, employees of the Public 13 Employees Relations Commission, the Commission on Human Rights 14 Relations, and the Unemployment Appeals Commission, upon the 15 certification of their respective commission heads, may be 16 provided for under this paragraph as members of the Senior 17 Management Service, if otherwise qualified. However, the 18 deputy general counsels of the Public Employees Relations 19 Commission shall be compensated as members of the Selected 20 Exempt Service. 21 Section 13. Paragraphs (p) and (q) of subsection (3) 22 of section 119.07, Florida Statutes, 1996 Supplement, are 23 amended to read: 24 119.07 Inspection, examination, and duplication of 25 records; exemptions.-- 26 (3) 27 (p) All complaints and other records in the custody of 28 any unit of local government which relate to a complaint of 29 discrimination relating to race, color, religion, sex, 30 national origin, age, handicap, marital status, sale or rental 31 of housing, the provision of brokerage services, or the 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1193 504-136-97 1 financing of housing are exempt from the provisions of 2 subsection (1) and s. 24(a), Art. I of the State Constitution 3 until a finding is made relating to probable cause, the 4 investigation of the complaint becomes inactive, or the 5 complaint or other record is made part of the official record 6 of any hearing or court proceeding. This provision shall not 7 affect any function or activity of the Florida Commission on 8 Human Rights Relations. Any state or federal agency which is 9 authorized to have access to such complaints or records by any 10 provision of law shall be granted such access in the 11 furtherance of such agency's statutory duties, notwithstanding 12 the provisions of this section. This paragraph shall not be 13 construed to modify or repeal any special or local act. 14 (q) All complaints and other records in the custody of 15 any agency in the executive branch of state government which 16 relate to a complaint of discrimination relating to race, 17 color, religion, sex, national origin, age, handicap, or 18 marital status in connection with hiring practices, position 19 classifications, salary, benefits, discipline, discharge, 20 employee performance, evaluation, or other related activities 21 are exempt from the provisions of subsection (1) and s. 24(a), 22 Art. I of the State Constitution until a finding is made 23 relating to probable cause, the investigation of the complaint 24 becomes inactive, or the complaint or other record is made 25 part of the official record of any hearing or court 26 proceeding. This provision shall not affect any function or 27 activity of the Florida Commission on Human Rights Relations. 28 Any state or federal agency which is authorized to have access 29 to such complaints or records by any provision of law shall be 30 granted such access in the furtherance of such agency's 31 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1193 504-136-97 1 statutory duties, notwithstanding the provisions of this 2 section. 3 Section 14. Subsection (1) of section 553.77, Florida 4 Statutes, is amended to read: 5 553.77 Specific powers of the board.-- 6 (1) The board shall: 7 (a) Adopt rules and regulations or amendments thereto 8 in accordance with the procedures prescribed in chapter 120. 9 (b) Make a continual study of the operation of the 10 State Minimum Building Codes and other laws relating to the 11 construction of buildings, including manufactured buildings, 12 to ascertain their effect upon the cost of building 13 construction and determine the effectiveness of their 14 provisions. 15 (c) Upon written application by a private party or a 16 local enforcement agency, issue advisory opinions relating to 17 new technologies, techniques, and materials which have been 18 tested where necessary and found to meet the objectives of the 19 State Minimum Building Codes and the Florida Manufactured 20 Building Act of 1979. 21 (d) Upon written application by a private party or a 22 local enforcement agency, issue advisory opinions relating to 23 the interpretation, enforcement, administration, or 24 modification by local governments of the State Minimum 25 Building Codes and the Florida Manufactured Building Act of 26 1979. 27 (e) Make recommendations to, and provide assistance 28 upon the request of, the Florida Commission on Human Rights 29 Relations regarding rules relating to handicapped 30 accessibility. 31 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1193 504-136-97 1 (f) Coordinate and cooperate with the Florida Fire 2 Code Advisory Council created under s. 633.72, for assistance 3 and recommendations relating to firesafety code 4 interpretations. 5 Section 15. Any referral of a discriminatory practice 6 complaint from the Florida Commission on Human Rights to the 7 United States Equal Employment Opportunity Commission under 8 part I of chapter 760, Florida Statutes (The Florida Civil 9 Rights Act), on or after October 1, 1992, regardless of 10 whether there was an authorized workshare agreement between 11 the commissions, is ratified and declared lawful. 12 Section 16. This act shall take effect upon becoming a 13 law. 14 15 ***************************************** 16 HOUSE SUMMARY 17 Changes the name of the Human Relations Commission to the 18 Human Rights Commission. Authorizes and ratifies investigatory determinations made by the executive 19 director of the commission. Establishes additional guidelines concerning discrimination on the basis of 20 handicap and sex. Authorizes the use of regular mail and the referral of complaints to agencies of the Federal 21 Government. Authorizes the commission to bring actions to enforce fair housing laws. Revises the statute of 22 limitations for actions involving housing discrimination. Ratifies referrals of discriminatory practice complaints. 23 24 25 26 27 28 29 30 31 12