CODING: Words stricken are deletions; words underlined are additions.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:
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29 Section 1. Subsections (2) and (10) of section 760.02,
30 Florida Statutes, are amended to read:
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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
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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.
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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.
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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
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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:
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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
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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
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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
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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
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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.
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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.
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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.
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