Senate Bill sb0352

    Florida Senate - 2001                                   SB 352

    By Senator Miller





    21-311-01

  1                      A bill to be entitled

  2         An act relating to the Commission on Human

  3         Relations; amending s. 110.205, F.S.;

  4         redefining the term "department" to include the

  5         commission for personnel purposes; amending s.

  6         760.06, F.S.; providing for the acceptance of

  7         findings by the Equal Employment Opportunity

  8         Commission; providing a process for determining

  9         whether a state license should be revoked or

10         suspended in specified cases; providing an

11         effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Subsection (4) of section 110.205, Florida

16  Statutes, is amended to read:

17         110.205  Career service; exemptions.--

18         (4)  DEFINITION OF DEPARTMENT.--When used in this

19  section, the term "department" shall mean all departments and

20  commissions of the executive branch, whether created by the

21  State Constitution or chapter 20; the office of the Governor;

22  the Commission on Human Relations; and the Public Service

23  Commission; however, the term "department" shall mean the

24  Department of Management Services when used in the context of

25  the authority to establish salary ranges and benefits.

26         Section 2.  Section 760.06, Florida Statutes, is

27  amended to read:

28         760.06  Powers of the commission.--Within the

29  limitations provided by law, the commission shall have the

30  following powers:

31         (1)  To maintain offices in the State of Florida.

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    Florida Senate - 2001                                   SB 352
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  1         (2)  To meet and exercise its powers at any place

  2  within the state.

  3         (3)  To promote the creation of, and to provide

  4  continuing technical assistance to, local commissions on human

  5  relations and to cooperate with individuals and state, local,

  6  and other agencies, both public and private, including

  7  agencies of the Federal Government and of other states.

  8         (4)  To accept gifts, bequests, grants, or other

  9  payments, public or private, to help finance its activities.

10         (5)  To receive, initiate, investigate, seek to

11  conciliate, hold hearings on, and act upon complaints alleging

12  any discriminatory practice, as defined by the Florida Civil

13  Rights Act of 1992.

14         (6)  To issue subpoenas for, administer oaths or

15  affirmations to and compel the attendance and testimony of

16  witnesses or to issue subpoenas for and compel the production

17  of books, papers, records, documents, and other evidence

18  pertaining to any investigation or hearing convened pursuant

19  to the powers of the commission.  In conducting an

20  investigation, the commission and its investigators shall have

21  access at all reasonable times to premises, records,

22  documents, and other evidence or possible sources of evidence

23  and may examine, record, and copy such materials and take and

24  record the testimony or statements of such persons as are

25  reasonably necessary for the furtherance of the investigation.

26  The authority to issue subpoenas and administer oaths may be

27  delegated by the commission, for investigations or hearings,

28  to a commissioner or the executive director.  In the case of a

29  refusal to obey a subpoena issued to any person, the

30  commission may make application to any circuit court of this

31  state, which shall have jurisdiction to order the witness to

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    Florida Senate - 2001                                   SB 352
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  1  appear before the commission to give testimony and to produce

  2  evidence concerning the matter in question.  Failure to obey

  3  the court's order may be punished by the court as contempt. If

  4  the court enters an order holding a person in contempt or

  5  compelling the person to comply with the commission's order or

  6  subpoena, the court shall order the person to pay the

  7  commission reasonable expenses, including reasonable

  8  attorneys' fees, accrued by the commission in obtaining the

  9  order from the court.

10         (7)  To recommend methods for elimination of

11  discrimination and intergroup tensions and to use its best

12  efforts to secure compliance with its recommendations.

13         (8)  To furnish technical assistance requested by

14  persons to facilitate progress in human relations.

15         (9)  To make or arrange for studies appropriate to

16  effectuate the purposes and policies of the Florida Civil

17  Rights Act of 1992 and to make the results thereof available

18  to the public.

19         (10)  To become a deferral agency for the Federal

20  Government and to comply with the necessary federal

21  regulations to effect the Florida Civil Rights Act of 1992. In

22  a dual-filed case, final findings by the Equal Employment

23  Opportunity Commission, including those contained on EEOC Form

24  161, constitute the findings of the commission unless the

25  aggrieved person requests a substantial-weight review of the

26  Equal Employment Opportunity Commission's findings within 35

27  days after the determination or dismissal.

28         (11)  To render, at least annually, a comprehensive

29  written report to the Governor and the Legislature. The report

30  may contain recommendations of the commission for legislation

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  1  or other action to effectuate the purposes and policies of the

  2  Florida Civil Rights Act of 1992.

  3         (12)  To adopt, promulgate, amend, and rescind rules to

  4  effectuate the purposes and policies of the Florida Civil

  5  Rights Act of 1992 and govern the proceedings of the

  6  commission, in accordance with chapter 120.

  7         (13)  To receive complaints and coordinate all

  8  activities as required by the Whistle-blower's Act pursuant to

  9  ss. 112.3187-112.31895.

10         (14)  To require a person who has been found to be in

11  violation of this chapter and who is licensed by a state

12  agency to show cause to the licensing agency why the license

13  should not be revoked or suspended and to have the licensing

14  agency report its findings to the commission.

15         Section 3.  This act shall take effect July 1, 2001.

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18                          SENATE SUMMARY

19    Adds the Commission on Human Relations to the definition
      of "department" for purposes of personnel management.
20    Provides for the acceptance of findings by the Equal
      Employment Opportunity Commission in dual-filed cases.
21    Provides a process for determining whether a state
      license should be revoked or suspended in specified cases
22    involving the Commission of Human Relations.

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