Senate Bill sb0354er

    ENROLLED

    2001 Legislature                                 CS for SB 354



  1                                 

  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.

  8  

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

10  

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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    ENROLLED

    2001 Legislature                                 CS for SB 354



  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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