Senate Bill sb0354c1

    Florida Senate - 2001                            CS for SB 354

    By the Committee on Commerce and Economic Opportunities; and
    Senator Miller




    310-1510-01

  1                      A bill to be entitled

  2         An act relating to civil rights; amending s.

  3         760.11, F.S., pertaining to administrative and

  4         civil remedies for violations of ss.

  5         760.01-760.10, F.S., the "Florida Civil Rights

  6         Act of 1992"; revising procedures for filing

  7         complaints; providing an effective date.

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

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11         Section 1.  Subsection (1) of section 760.11, Florida

12  Statutes, is amended to read:

13         760.11  Administrative and civil remedies;

14  construction.--

15         (1)  Any person aggrieved by a violation of ss.

16  760.01-760.10 may file a complaint with the commission within

17  365 days of the alleged violation, naming the employer,

18  employment agency, labor organization, or joint

19  labor-management committee, or, in the case of an alleged

20  violation of s. 760.10(5), the person responsible for the

21  violation and describing the violation.  Any person aggrieved

22  by a violation of s. 509.092 may file a complaint with the

23  commission within 365 days of the alleged violation naming the

24  person responsible for the violation and describing the

25  violation.  The commission, a commissioner, or the Attorney

26  General may in like manner file such a complaint.  On the same

27  day the complaint is filed with the commission, the commission

28  shall clearly stamp on the face of the complaint the date the

29  complaint was filed with the commission. In lieu of filing the

30  complaint with the commission, a complaint under this section

31  may be filed with the federal Equal Employment Opportunity

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    Florida Senate - 2001                            CS for SB 354
    310-1510-01




  1  Commission or with any unit of government of the state which

  2  is a fair-employment-practice agency under 29 C.F.R. ss.

  3  1601.70-1601.80. If the date the complaint is filed is clearly

  4  stamped on the face of the complaint, that date is the date of

  5  filing. The date the complaint is filed with the commission

  6  for purposes of this section is the earliest date of filing

  7  with the Equal Employment Opportunity Commission, the

  8  fair-employment-practice agency, or the commission. The

  9  complaint shall contain a short and plain statement of the

10  facts describing the violation and the relief sought.  The

11  commission may require additional information to be in the

12  complaint.  The commission, within 5 days of the complaint

13  being filed, shall by registered mail send a copy of the

14  complaint to the person who allegedly committed the violation.

15  The person who allegedly committed the violation may file an

16  answer to the complaint within 25 days of the date the

17  complaint was filed with the commission.  Any answer filed

18  shall be mailed to the aggrieved person by the person filing

19  the answer.  Both the complaint and the answer shall be

20  verified.

21         Section 2.  This act shall take effect upon becoming a

22  law.

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    Florida Senate - 2001                            CS for SB 354
    310-1510-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 354

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  4  The committee substitute clarifies that a state civil rights
    complaint may be filed with certain federal agencies in lieu
  5  of filing with the Florida Commission on Human Relations;
    replaces cross reference of fair-employment-practice agencies
  6  from federal law to federal regulations; removes a requirement
    that federal agencies clearly stamp the date on the face of
  7  complaints; provides that the date of filing of the state
    complaint is the date clearly stamped on the face of the
  8  complaint; and provides that the filing date for a state civil
    rights complaint is the earliest date of filing with the
  9  Florida Commission on Human Relations or the federal agency.

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CODING: Words stricken are deletions; words underlined are additions.