Florida Senate - 2022 SB 688 By Senator Cruz 18-00263-22 2022688__ 1 A bill to be entitled 2 An act relating to employment practices for family and 3 medical leave; creating ch. 444, F.S., entitled the 4 Florida Family and Medical Leave Act; providing a 5 short title; providing legislative findings and 6 intent; defining terms; requiring an employer to allow 7 certain employees to take family and medical leave to 8 bond with a minor child upon the childs birth, 9 adoption, or foster care placement; requiring an 10 employee to take certain actions in order to receive 11 family and medical leave; prohibiting an employer from 12 taking adverse action against an employee who requests 13 or obtains family and medical leave; specifying 14 limitations and duties related to an employers 15 administration of family and medical leave; requiring 16 that family and medical leave be taken concurrently 17 with any leave taken under federal family and medical 18 leave law; requiring an employer to provide notice to 19 employees of certain rights relating to family and 20 medical leave; prescribing notice requirements; 21 requiring the Department of Economic Opportunity to 22 create a model notice that specifies an employees 23 rights related to family and medical leave and family 24 and medical leave insurance benefits; specifying 25 circumstances under which an employer is deemed in 26 compliance with notice requirements; providing a civil 27 penalty for an employers failure to comply with the 28 notice requirements; requiring the Secretary of 29 Economic Opportunity to conduct an investigation upon 30 receiving a written complaint from an employee; 31 establishing a rebuttable presumption that an employer 32 has violated certain provisions of ch. 444, F.S., 33 under specified circumstances; authorizing the 34 secretary to take certain actions in the event of 35 specified violations; authorizing an employee to file 36 a civil action against an employer for a violation; 37 providing a timeframe for filing such action; 38 authorizing the award of specified compensation, 39 damages, and fees; providing a civil penalty; 40 prohibiting an employee from taking certain actions in 41 bad faith; providing a criminal penalty; entitling an 42 employee to an intermittent or reduced leave schedule 43 if certain conditions are met; requiring the 44 department to establish a family and medical leave 45 insurance benefits program by a specified date; 46 specifying duties of the department related to the 47 program; providing that certain information is 48 confidential; providing exceptions; providing for the 49 amount and duration of family and medical leave 50 insurance benefits that are payable under the program; 51 requiring the department to establish a system for 52 appealing a denial of family and medical leave 53 insurance benefits; requiring the department to take 54 action to ensure the confidentiality of certain 55 information on appeal; authorizing an aggrieved party 56 to file a civil action for a denial of family and 57 medical leave insurance benefits; specifying when a 58 covered individual is disqualified from family and 59 medical leave insurance benefits; providing liability 60 for the payment of benefits to the department under 61 certain circumstances; requiring the Department of 62 Financial Services to collect payroll contributions 63 beginning on a specified date; providing requirements 64 relating to such contributions; authorizing a self 65 employed person to elect coverage for family and 66 medical leave insurance benefits; specifying when a 67 self-employed person may withdraw from coverage; 68 requiring the Department of Economic Opportunity to 69 provide certain notice if the Internal Revenue Service 70 determines family and medical leave insurance benefits 71 are subject to federal income tax; requiring the 72 department to submit an annual report to the 73 Legislature containing specified information; 74 requiring the department to conduct a public education 75 campaign relating to family and medical leave and 76 insurance benefits; authorizing the department to 77 adopt rules; providing construction; amending s. 78 760.10, F.S.; revising the Florida Civil Rights Act of 79 1992 to prohibit additional employment practices on 80 the basis of pregnancy, childbirth, or a medical 81 condition related to pregnancy or childbirth; 82 providing construction; amending s. 760.11, F.S.; 83 conforming a cross-reference; providing an effective 84 date. 85 86 Be It Enacted by the Legislature of the State of Florida: 87 88 Section 1.Chapter 444, Florida Statutes, consisting of 89 sections 444.001-444.019, is created to read: 90 CHAPTER 444 91 THE FLORIDA FAMILY AND MEDICAL LEAVE ACT 92 444.001Short title.This chapter may be cited as the 93 Florida Family and Medical Leave Act. 94 444.002Legislative findings and intent.The Legislature 95 finds that it is in the public interest to provide paid family 96 and medical leave to employees for the birth, adoption, or 97 foster care placement of a new child. The need for paid family 98 and medical leave has increased as the rate of participation of 99 both parents in the workforce has increased and the number of 100 single parents has grown. Despite knowing the importance of time 101 spent bonding with a new child, the majority of employees in 102 this state are unable to take family and medical leave because 103 they are unable to afford leave without pay. When an employee 104 does not receive income during a leave of absence, his or her 105 family suffers as a result of the employees loss of income, 106 increasing demand on the states reemployment assistance program 107 and dependence on the states welfare system. Therefore, in an 108 effort to assist employees in reconciling the demands of work 109 and family, the Legislature intends to require employers to 110 allow employees to take paid family and medical leave to bond 111 with their minor child during the first 12 months after the 112 birth, adoption, or foster care placement of a new child. 113 444.003Definitions.As used in this chapter, the term: 114 (1)Adverse action includes: 115 (a)Discharge. 116 (b)Demotion. 117 (c)Suspension. 118 (d)Reduction of hours. 119 (e)Threat of discharge, demotion, suspension, or reduction 120 of hours. 121 (f)Any other retaliatory action that results in a change 122 in the terms or conditions of employment which would dissuade a 123 reasonable employee from exercising a right under this chapter. 124 (2)Child means a biological, adopted, or foster son or 125 daughter or a stepson or stepdaughter of an employee. The term 126 includes a legal ward of an employee and a person to whom the 127 employee stands in loco parentis. 128 (3)Covered individual means a person who satisfies any 129 of the following criteria: 130 (a)Meets the qualifying requirements set forth in s. 131 443.111(2) or, if a persons employment does not generate income 132 measured for purposes of reemployment assistance benefits, 133 equivalent eligibility criteria determined by the department. 134 (b)Is self-employed, elects coverage, and meets the 135 requirements of s. 444.013. 136 (c)Meets the administrative requirements of this chapter 137 and those established by the department. 138 (d)Submits an application for insurance benefits. 139 (4)Department means the Department of Economic 140 Opportunity. 141 (5)Employee means a person who performs services for 142 hire for an employer. The term includes all individuals employed 143 at any site owned or operated by an employer. The term does not 144 include an independent contractor. 145 (6)Employer means a person employing one or more 146 employees for each working day in each of 20 or more calendar 147 weeks in the current or preceding calendar year, and any 148 representative of such person. 149 (7)Family and medical leave means a paid leave of 150 absence from employment given to an employee because of the 151 birth, adoption, or foster care placement of a new child. 152 (8)Family and medical leave insurance benefits or 153 insurance benefits means the benefits provided under this 154 chapter. 155 (9)Health care provider means a birth center licensed 156 under chapter 383; a hospital or an ambulatory surgical center 157 as defined and licensed under chapter 395; or a person licensed 158 under chapter 458, chapter 459, chapter 460, chapter 461, 159 chapter 462, chapter 463, part I of chapter 464, chapter 466, 160 chapter 467, part XIV of chapter 468, or chapter 486. 161 (10)Secretary means the Secretary of Economic 162 Opportunity. 163 444.004Eligibility for family and medical leave. 164 (1)Beginning July 1, 2022, family and medical leave is 165 available to an employee who needs paid leave to bond with his 166 or her child during the first 12 months after the birth of the 167 child or the placement of the child with the employee through 168 the foster care system or by adoption. 169 (2)The family and medical leave must be without diminution 170 of any privilege, benefit, or right arising out of the persons 171 employment. 172 (3)In order to receive family and medical leave, an 173 employee must: 174 (a)Notify his or her employer at least 30 days before the 175 first day of leave or as soon as practicable if the need for 176 leave is not foreseeable or it is otherwise not possible for the 177 employee to provide 30 days notice; and 178 (b)Notify the employer of the anticipated duration of the 179 leave. 180 (4)An employer may not take adverse action against an 181 employee for requesting or obtaining family and medical leave 182 authorized under this section. 183 (5)An employer shall retain a record of family and medical 184 leave taken by an employee for at least 3 years. After giving 185 the employer notice and determining a mutually agreeable time 186 for inspection, the secretary may inspect the record for the 187 purpose of determining the employers compliance with this 188 section. If an employer fails to retain a record as required 189 under this subsection or to allow the secretary to inspect such 190 records, the secretary may take action under s. 444.006(3). 191 (6)Family and medical leave taken under this section must 192 be taken concurrently with leave taken under the federal Family 193 and Medical Leave Act. 194 (7)An employer shall maintain and pay for coverage for a 195 group health plan as defined in s. 5000(b)(1) of the Internal 196 Revenue Code for an eligible employee who takes family and 197 medical leave under this section at the level and under the 198 conditions that coverage would have been provided if the 199 employee had continuously worked for the duration of the leave. 200 (8)An employer must return an employee to the same 201 position after the period of leave to which the employee is 202 entitled has expired. If the same position is no longer 203 available, an employer must offer the employee a position that 204 is comparable in terms of pay, location, job content, and 205 advancement opportunities. 206 (9)An employer may not otherwise interfere with, restrain, 207 or deny the employees exercise of, or the attempt to exercise, 208 any right provided under this chapter. 209 444.005Notice requirements. 210 (1)An employer shall notify his or her employees that they 211 are entitled to family and medical leave and, upon 212 implementation of the family and medical leave insurance 213 benefits program, family and medical leave insurance benefits at 214 the time the employee is hired and annually thereafter. 215 (2)The notice must include all of the following: 216 (a)The purposes for which the employer is required to 217 allow an employee to take family and medical leave. 218 (b)A statement regarding the prohibition of the employer 219 taking adverse action against an employee who exercises or 220 attempts to exercise a right under this chapter. 221 (c)Once implemented, information regarding the family and 222 medical leave insurance benefits program and how an employee may 223 apply for those benefits. 224 (d)Information regarding the right of an employee to 225 report an alleged violation of this chapter by the employer to 226 the secretary or to bring a civil action under s. 444.006. 227 (3)The department shall create and make available to 228 employers a model notice that employers may use to comply with 229 subsection (1). The model notice must be printed in English, 230 Spanish, Haitian Creole, and any other language the secretary 231 determines is necessary to notify employees of their rights 232 under this chapter. 233 (4)An employer is deemed to be in compliance with 234 subsection (1) if the employer does any of the following: 235 (a)Posts the notice in a conspicuous and accessible area 236 at the site where employees work. 237 (b)Includes the notice in an employee handbook or other 238 written guide for employees concerning employee benefits or 239 leave provided by the employer. 240 (c)Provides the notice to each employee at the time of 241 initial hiring and annually thereafter. 242 (5)In lieu of posting the notice, an employer may 243 distribute the notice to employees by electronic means. 244 (6)An employer who violates this section is subject to a 245 civil penalty of not more than $500 for the first violation and 246 not more than $1,000 for each subsequent violation. 247 444.006Violations of chapter; civil action; penalties. 248 (1)Upon receiving a written complaint from an employee, 249 the secretary shall conduct an investigation to determine 250 whether the employer has violated this chapter. 251 (2)(a)There is a rebuttable presumption that an employer 252 has violated this chapter if the employer takes adverse action 253 against an employee within 90 days after the employee: 254 1.Files a complaint with the secretary alleging a 255 violation of this chapter or files a civil action under this 256 section; 257 2.Informs a person about an alleged violation of this 258 chapter by his or her employer; 259 3.Cooperates with the secretary or another person in the 260 investigation or prosecution of an alleged violation of this 261 chapter by his or her employer; 262 4.Opposes a policy or practice of his or her employer or 263 an act committed by the employer which is prohibited under this 264 chapter; or 265 5.Takes or requests family and medical leave under this 266 chapter. 267 (b)Such presumption may be rebutted by clear and 268 convincing evidence. 269 (3)If the secretary determines that a violation of this 270 chapter has occurred, the secretary may do any of the following: 271 (a)With the written consent of the employee, attempt to 272 informally resolve any pertinent issue through mediation. 273 (b)With the written consent of the employee, request that 274 the Attorney General file a civil action on behalf of the 275 employee in accordance with this section. 276 (c)File a civil action on behalf of an employee in the 277 county in which the violation occurred. 278 (4)An employee may file a civil action in a court of 279 competent jurisdiction against his or her employer for a 280 violation of this chapter regardless of whether the employee has 281 first filed a complaint with the secretary. 282 (5)A civil action brought under subsection (3) or 283 subsection (4) must be filed within 3 years after the occurrence 284 of the act upon which the action is based. 285 (6)(a)If a court finds that an employer violated this 286 chapter in an action brought under subsection (3) or subsection 287 (4), the court may award the employee: 288 1.The full monetary value of any unpaid family and medical 289 leave that the employee was unlawfully denied. 290 2.Actual economic damages suffered by the employee as a 291 result of the employers violation of this chapter. 292 3.An additional amount not exceeding three times the 293 damages awarded under subparagraph 2. 294 4.Reasonable attorney fees and other costs. 295 5.Any other relief the court deems appropriate, including 296 reinstatement of employment, back pay, and injunctive relief. 297 (b)If the full monetary value of any unpaid family and 298 medical leave of an employee is recovered under this subsection, 299 such leave must be paid to the employee without cost to the 300 employee. 301 (c)If the action was filed by the Attorney General under 302 paragraph (3)(b), the court may order the employer to pay $1,000 303 per violation to the state. 304 (7)An employee may not file a complaint in bad faith with 305 the secretary alleging a violation of this chapter or file a 306 civil action or testify in bad faith in an action under this 307 section. An employee who violates this subsection commits a 308 misdemeanor of the first degree, punishable as provided in s. 309 775.082 or s. 775.083. 310 444.007Intermittent or reduced leave schedule. 311 (1)An employee is entitled, at his or her discretion, to 312 take family and medical leave on an intermittent or reduced 313 leave schedule where all of the leave authorized under this 314 chapter is not taken sequentially. Family and medical leave 315 insurance benefits for intermittent or reduced leave schedules 316 must be prorated. 317 (2)An employee shall make reasonable efforts to schedule 318 family and medical leave under this section so as to not unduly 319 disrupt the operations of the employer. The employee shall 320 provide the employer with advance notice of his or her 321 intermittent or reduced leave schedule to the extent 322 practicable. Family and medical leave taken under this section 323 may not result in a reduction of the total amount of leave to 324 which a covered individual is entitled beyond the amount of 325 leave actually taken. 326 (3)This section does not entitle an employee to more 327 family and medical leave than that required under this chapter. 328 444.008Family and medical leave insurance benefits 329 program. 330 (1)By January 1, 2023, the department shall establish a 331 family and medical leave insurance benefits program. By January 332 1, 2024, the department may begin receiving applications from, 333 and paying family and medical leave insurance benefits to, 334 covered individuals. 335 (2)The department shall establish reasonable procedures 336 and create forms for filing applications for insurance benefits 337 under this chapter. The department must specify the 338 documentation that is necessary to support a claim for insurance 339 benefits, including documentation from a health care provider 340 attesting that the covered individual needs family and medical 341 leave. 342 (3)The department shall notify the employer within 5 343 business days after an application for family and medical leave 344 insurance benefits has been filed. 345 (4)With the written consent of the covered individual, the 346 department may use information sharing and integration 347 technology to facilitate the disclosure of relevant information 348 or records. 349 (5)Any information and records pertaining to a covered 350 individual which are confidential under state law must remain 351 confidential and may not be disclosed without the consent of the 352 individual or his or her representative. Appropriate disclosure 353 of such information and records may be made without consent to 354 department personnel in the performance of their official 355 duties. 356 444.009Amount and duration of insurance benefits. 357 (1)The amount of family and medical leave insurance 358 benefits must be determined as follows: 359 (a)The weekly benefit is 75 percent of the covered 360 individuals average weekly wages during the 12 months before he 361 or she submitted an application for benefits or, if the covered 362 individual worked fewer than 12 months, the covered individuals 363 average weekly wages during the time the covered individual 364 worked, subject to the limits imposed in paragraph (c). 365 (b)The minimum weekly benefit may not be less than $100 366 per week; however, if the covered individuals average weekly 367 wage is less than $100 per week, the minimum weekly benefit is 368 the same as the covered individuals full weekly wage. 369 (c)The maximum weekly benefit is $1,000 for the first year 370 in which benefits are paid, and must be adjusted annually 371 thereafter to equal 100 percent of the statewide average weekly 372 wage as defined in s. 440.12(2). The adjusted maximum weekly 373 benefit amount takes effect January 1 of the following year. 374 (d)Family and medical leave insurance benefits are not 375 payable for fewer than 8 hours in any given work week. 376 (2)The maximum number of weeks for which family and 377 medical leave insurance benefits are payable is 12 weeks per 378 year, regardless of whether the application for benefits is for 379 a single purpose or a combination of purposes. 380 (3)The first benefits must be paid to a covered individual 381 within 2 weeks after the application is filed. Subsequent 382 benefits must be paid every 2 weeks. 383 (4)For purposes of this chapter, an application year is 384 the 12-month period beginning on Monday of the week in which a 385 covered individual files an application for family and medical 386 leave insurance benefits. 387 444.01Appeals. 388 (1)The department shall establish a system for appealing a 389 denial of family and medical leave insurance benefits. The 390 department may use any procedures and mechanisms available in 391 establishing the system. 392 (2)The department shall implement procedures to ensure 393 confidentiality of all information related to applications filed 394 or appeals taken for family and medical leave insurance benefits 395 to the greatest extent permissible by law. 396 (3)An aggrieved party may file a civil action in a court 397 of competent jurisdiction after he or she has exhausted all 398 available administrative remedies established by the department. 399 444.011Disqualification for insurance benefits and 400 erroneous payments. 401 (1)A covered individual is disqualified from family and 402 medical leave insurance benefits for 1 year if the department 403 determines that he or she willfully or intentionally made a 404 false statement or misrepresentation regarding a material fact 405 or withheld a material fact to obtain insurance benefits under 406 this chapter. 407 (2)A covered individual who for any reason receives 408 insurance benefits under this chapter to which he or she is not 409 entitled is liable for repaying those benefits to the 410 department. The department may waive, in whole or in part, the 411 amount of the benefits to be repaid when recovery would be 412 against equity and good conscience. 413 444.012Contributions. 414 (1)Beginning January 1, 2023, the Department of Financial 415 Services shall collect payroll contributions from employers and 416 employees and deposit the contributions into the Family and 417 Medical Leave Insurance Benefits Fund. 418 (2)Employers and employees shall pay contributions on a 419 one-to-one ratio and in an amount to be determined by the 420 Department of Financial Services. The Department of Financial 421 Services shall annually evaluate the amount of payroll 422 contributions necessary to finance the family and medical leave 423 insurance benefits program and adjust contribution rates 424 accordingly. 425 444.013Elective coverage. 426 (1)A self-employed person, including a sole proprietor, 427 partner, or joint venturer, may elect insurance coverage under 428 this chapter for an initial period of at least 3 years. The 429 self-employed person must file a notice of election in writing 430 with the department, as required by rule. The election becomes 431 effective on the date the notice of election is filed. The self 432 employed person is required to supply any information concerning 433 income that the department determines by rule is necessary. 434 (2)A self-employed person who has elected coverage may 435 withdraw from coverage within 30 days after the end of the 436 coverage period, or at such other time as the department may 437 prescribe by rule, by filing a written notice of withdrawal with 438 the department. A withdrawal from coverage may not take effect 439 sooner than 30 days after filing the notice of withdrawal. 440 444.014Federal income tax.If the Internal Revenue Service 441 determines that family and medical leave insurance benefits 442 provided under this chapter are subject to federal income tax, 443 the department must advise a covered individual at the time he 444 or she files an application for insurance benefits that: 445 (1)The Internal Revenue Service has determined that 446 insurance benefits under this chapter are subject to federal 447 income tax. 448 (2)Requirements exist pertaining to estimated tax 449 payments. 450 (3)The covered individual may elect to have federal income 451 tax deducted and withheld from his or her payment of insurance 452 benefits in the amount specified in the Internal Revenue Code. 453 (4)The covered individual may change a previously elected 454 withholding status. 455 444.016Reports.Beginning with the 2025 calendar year, the 456 department shall submit to the Legislature by April 1 of each 457 year a report on projected and actual family and medical leave 458 insurance benefits program participation broken down by purpose 459 and by gender, race, ethnicity, and age of each beneficiary. The 460 report also must include the amount of benefits paid to each 461 beneficiary per week, premium rates, Family and Medical Leave 462 Insurance Benefits Fund balances, and public education efforts. 463 444.017Public education.The department shall conduct a 464 public education campaign to inform employees and employers of 465 the availability of family and medical leave and insurance 466 benefits. Such information must be available in English, 467 Spanish, Haitian Creole, and any other language the secretary 468 determines is necessary. 469 444.018Rules.The department may adopt rules to implement 470 and administer this chapter. 471 444.019Construction. 472 (1)This chapter does not diminish an employers obligation 473 to comply with a collective bargaining agreement, a contract, an 474 employee benefit plan, or an employer policy, as applicable, 475 which requires leave in excess of that required under this 476 chapter for the birth, adoption, or foster care placement of a 477 new child. 478 (2)An employees right to family and medical leave and 479 insurance benefits under this chapter may not be diminished by a 480 collective bargaining agreement entered into or renewed, or an 481 employer policy adopted or retained, on or after January 1, 482 2023. Any agreement by an employee to waive his or her rights 483 under this chapter is deemed against public policy and is void 484 and unenforceable. 485 Section 2.Present subsections (2) through (10) of section 486 760.10, Florida Statutes, are redesignated as subsections (3) 487 through (11), respectively, and a new subsection (2) is added to 488 that section, to read: 489 760.10Unlawful employment practices. 490 (2)In addition to the provisions of subsection (1) 491 regarding pregnancy, it is an unlawful employment practice for 492 an employer to: 493 (a)Refuse to allow an employee disabled by pregnancy, 494 childbirth, or a medical condition related to pregnancy or 495 childbirth to take unpaid leave for a period, not to exceed 4 496 months, during which the employee is disabled on account of 497 pregnancy, childbirth, or a medical condition related to 498 pregnancy or childbirth. An employee is entitled to use any 499 accrued vacation leave in order to receive compensation during 500 the unpaid period of leave. An employer may require an employee 501 who plans to take leave under this paragraph to provide the 502 employer reasonable notice of the date the leave will commence 503 and the estimated duration of the leave. 504 (b)Refuse to maintain and pay for coverage for a group 505 health plan as defined in s. 5000(b)(1) of the Internal Revenue 506 Code for an eligible employee who takes leave under paragraph 507 (a) at the level and under the conditions that coverage would 508 have been provided if the employee had continuously worked for 509 the duration of the leave. This paragraph does not preclude an 510 employer from maintaining and paying for coverage under a group 511 health plan for a period exceeding 4 months. An employer may 512 recover the premium that the employer paid for maintaining 513 coverage as required under this paragraph if: 514 1.The employee fails to return to work after the period of 515 leave to which the employee is entitled has concluded; and 516 2.The employees failure to return to work is for a reason 517 other than the employee taking family and medical leave under 518 chapter 444 or other than the continuation, recurrence, or onset 519 of a medical condition that entitles the employee to leave under 520 paragraph (a) or circumstances beyond the employees control. 521 (c)Refuse to provide reasonable accommodation for an 522 employee, if she so requests with the advice of her health care 523 provider, for pregnancy, childbirth, or a medical condition 524 related to pregnancy or childbirth. As an accommodation, and 525 with the advice of her health care provider, an employee may 526 request a transfer to a less strenuous or hazardous position for 527 the duration of her pregnancy. This paragraph does not require 528 an employer to create additional employment duties that the 529 employer would not otherwise have created, to discharge another 530 employee, to transfer an employee who has more seniority, or to 531 promote an employee who is not qualified to perform certain 532 duties. 533 (d)Refuse to return an employee to the same position after 534 the period of leave to which the employee is entitled has 535 concluded. If her same position is no longer available, an 536 employer must offer the employee a position that is comparable 537 in terms of pay, location, job content, and advancement 538 opportunities, unless the employer can prove that no comparable 539 position exists. 540 (e)Otherwise interfere with, restrain, or deny the 541 exercise of, or the attempt to exercise, any right provided 542 under this subsection. 543 544 This subsection may not be construed to affect any other law 545 relating to pregnancy, or in any way to diminish the coverage of 546 pregnancy, childbirth, or a medical condition related to 547 pregnancy or childbirth under any other law, including chapter 548 444. An employee is entitled to take leave under this subsection 549 in addition to any family and medical leave the employee may be 550 eligible to receive under chapter 444. 551 Section 3.Subsection (1) of section 760.11, Florida 552 Statutes, is reenacted and amended to read: 553 760.11Administrative and civil remedies; construction. 554 (1)Any person aggrieved by a violation of ss. 760.01 555 760.10 may file a complaint with the commission within 365 days 556 of the alleged violation, naming the employer, employment 557 agency, labor organization, or joint labor-management committee, 558 or, in the case of an alleged violation of s. 760.10(6) s. 559 760.10(5), the person responsible for the violation and 560 describing the violation. Any person aggrieved by a violation of 561 s. 509.092 may file a complaint with the commission within 365 562 days of the alleged violation naming the person responsible for 563 the violation and describing the violation. The commission, a 564 commissioner, or the Attorney General may in like manner file 565 such a complaint. On the same day the complaint is filed with 566 the commission, the commission shall clearly stamp on the face 567 of the complaint the date the complaint was filed with the 568 commission. In lieu of filing the complaint with the commission, 569 a complaint under this section may be filed with the federal 570 Equal Employment Opportunity Commission or with any unit of 571 government of the state which is a fair-employment-practice 572 agency under 29 C.F.R. ss. 1601.70-1601.80. If the date the 573 complaint is filed is clearly stamped on the face of the 574 complaint, that date is the date of filing. The date the 575 complaint is filed with the commission for purposes of this 576 section is the earliest date of filing with the Equal Employment 577 Opportunity Commission, the fair-employment-practice agency, or 578 the commission. The complaint shall contain a short and plain 579 statement of the facts describing the violation and the relief 580 sought. The commission may require additional information to be 581 in the complaint. The commission, within 5 days of the complaint 582 being filed, shall by registered mail send a copy of the 583 complaint to the person who allegedly committed the violation. 584 The person who allegedly committed the violation may file an 585 answer to the complaint within 25 days of the date the complaint 586 was filed with the commission. Any answer filed shall be mailed 587 to the aggrieved person by the person filing the answer. Both 588 the complaint and the answer shall be verified. 589 Section 4.This act shall take effect July 1, 2022.