Florida Senate - 2024                                    SB 1296
       By Senator Davis
       5-01428-24                                            20241296__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Commission on Human
    3         Relations; amending s. 760.11, F.S.; deleting the
    4         requirement that the Florida Commission on Human
    5         Relations send certain information to certain persons
    6         by registered mail; making technical changes;
    7         providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Subsections (1) and (3) of section 760.11,
   12  Florida Statutes, are amended to read:
   13         760.11 Administrative and civil remedies; construction.—
   14         (1) Any person aggrieved by a violation of ss. 760.01
   15  760.10 may file a complaint with the commission within 365 days
   16  after of the alleged violation, naming the employer, employment
   17  agency, labor organization, or joint labor-management committee,
   18  or, in the case of an alleged violation of s. 760.10(5), the
   19  person responsible for the violation and describing the
   20  violation. Any person aggrieved by a violation of s. 509.092 may
   21  file a complaint with the commission within 365 days after of
   22  the alleged violation, naming the person responsible for the
   23  violation and describing the violation. The commission, a
   24  commissioner, or the Attorney General may in like manner file
   25  such a complaint. On the same day the complaint is filed with
   26  the commission, the commission shall clearly stamp on the face
   27  of the complaint the date the complaint was filed with the
   28  commission. In lieu of filing the complaint with the commission,
   29  a complaint under this section may be filed with the federal
   30  Equal Employment Opportunity Commission or with any unit of
   31  government of the state which is a fair-employment-practice
   32  agency under 29 C.F.R. ss. 1601.70-1601.80. If the date the
   33  complaint is filed is clearly stamped on the face of the
   34  complaint, that date is the date of filing. The date the
   35  complaint is filed with the commission for purposes of this
   36  section is the earliest date of filing with the Equal Employment
   37  Opportunity Commission, the fair-employment-practice agency, or
   38  the commission. The complaint must shall contain a short and
   39  plain statement of the facts describing the violation and the
   40  relief sought. The commission may require additional information
   41  to be in the complaint. The commission, within 5 days after of
   42  the complaint being filed, shall by registered mail send a copy
   43  of the complaint to the person who allegedly committed the
   44  violation. The person who allegedly committed the violation may
   45  file an answer to the complaint within 25 days after of the date
   46  the complaint was filed with the commission. Any answer filed
   47  must shall be mailed to the aggrieved person by the person
   48  filing the answer. Both the complaint and the answer must shall
   49  be verified.
   50         (3) Except as provided in subsection (2), the commission
   51  shall investigate the allegations in the complaint. Within 180
   52  days after of the filing of the complaint, the commission shall
   53  determine if there is reasonable cause to believe that
   54  discriminatory practice has occurred in violation of the Florida
   55  Civil Rights Act of 1992. When the commission determines whether
   56  or not there is reasonable cause, the commission by registered
   57  mail shall promptly notify the aggrieved person and the
   58  respondent of the reasonable cause determination, the date of
   59  such determination, and the options available under this
   60  section.
   61         Section 2. This act shall take effect July 1, 2024.