This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1225.CRG
DATE: 1/22/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1225 Florida Commission on Human Relations
SPONSOR(S): Antone
TIED BILLS: IDEN./SIM. BILLS: SB 1296
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Constitutional Rights, Rule of Law &
Government Operations Subcommittee
Poreda Miller
2) Civil Justice Subcommittee
3) State Affairs Committee
SUMMARY ANALYSIS
The Florida Civil Rights Act of 1992 (FCRA) was enacted to “secure for all individuals within the state freedom
from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status…” in
employment and public accommodations. The FCRA also created the Florida Commission on Human
Relations (Commission) to promote and encourage the purposes of the FCRA.
The Commission is empowered to receive, initiate, investigate, conciliate, hold hearings on, and act on
complaints alleging any discriminatory practice. Any person may file with the commission a complaint of an
alleged violation. The Commission must send a copy of the complaint to the person who allegedly committed
the violation by registered mail with 5 days. The Commission must investigate the allegations in a complaint
and determine if there is reasonable cause to believe that discriminatory practice has occurred in violation of
the FCRA. After a determination is made, the Commission must notify, by registered mail, both the
complainant and the respondent of the decision.
The bill maintains the notification requirement for complaints being filed with the Commission and reasonable
cause determinations made by the Commission, but removes the requirement that those notifications be sent
via registered mail.
The bill does not appear to have a fiscal impact on the state or local governments. STORAGE NAME: h1225.CRG PAGE: 2
DATE: 1/22/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
The Civil Rights Act of 1964
1
Title II of the Civil Rights Act of 1964 (Title II) prohibits discrimination on the basis of race, color,
religion, or national origin in certain places of public accommodation, such as hotels, restaurants, and
places of entertainment. Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination in
employment on the basis of race, color, religion, national origin, or sex. Title VII applies to employers
with 15 or more employees
2
and outlines a number of unlawful employment practices.
Florida Civil Rights Act of 1992
3
Patterned after Title II and Title VII, the Florida Civil Rights Act of 1992 (FCRA) was enacted to “secure
for all individuals within the state freedom from discrimination because of race, color, religion, sex,
national origin, age, handicap, or marital status…”
4
in employment and public accommodations.
5
Similar to Title VII, the FCRA provides a number of actions that, if undertaken because of or on the
basis of an individual's race, color, religion, sex, national origin, age, handicap, or marital status, are
considered unlawful employment practices.
6
Florida Commission on Human Relations
The FCRA also created the Florida Commission on Human Relations (Commission) to promote and
encourage the purposes of the FCRA.
7
The Commission is housed in the Department of Management
Services (DMS), however DMS does not exercise any control, supervision, or direction over the
Commission.
The Commission is comprised of 12 individuals who are appointed by the Governor and confirmed by
the Senate.
8
Commissioners are appointed to 4 year terms
9
and select one of its members to serve as
chairperson for a term of 2 years.
10
The membership of the Commission must be broadly
representative of various racial, religious, ethnic, social, economic, political, and professional groups in
Florida and at least one member of the Commission must be 60 years of age or older.
11
1
42 U.S.C. §2000a et seq.; 42 U.S.C. §2000e et seq.
2
42 U.S.C. §2000e(b)
3
s. 760.01(1), F.S.
4
s. 760.01(2), F.S.
5
“Public accommodations” means places of public accommodation, lodgings, facilities principally engaged in selling food for
consumption on the premises, gasoline stations, places of exhibition or entertainment, and other covered establishments. s. 760.02(11),
F.S.
6
Actions considered unlawful employment practices include but are not necessarily limited to, failing to hire an individual, or
otherwise discriminating against an individual with respect to compensation, terms, conditions, or privileges of employment; limiting,
segregating, or classifying employees or applicants for employment in ways that would deprive such individuals of employment
opportunities or adversely affect an individual's status as an employee; failing or refusing to refer an individual for employment;
excluding or expelling an individual from membership in a labor organization or limiting, segregating, or classifying the membership
of a labor organization; discriminating in admission to, or employment in, any program established to provide apprenticeship or other
training for a profession, occupation, or trade; discriminating in licensing, certification, credentials, examinations, or an organizational
membership required to engage in a profession, occupation, or trade; and printing or publishing ads related to membership in certain
labor organizations or employment that indicate a preference, limitation, specification, or discrimination. s. 760.10, F.S.
7
S. 760.05, F.S.
8
S. 760.03(1), F.S.
9
Id.
10
S. 760.03(3), F.S.
11
S. 760.03(2), F.S. STORAGE NAME: h1225.CRG PAGE: 3
DATE: 1/22/2024
The Commission is empowered to receive, initiate, investigate, conciliate, hold hearings on, and act on
complaints alleging any discriminatory practice, as defined by the FCRA.
12
In order to conduct
investigations and hearings regarding complaints brought under the Act, The Commission may issue
subpoenas, administer oaths or affirmations to compel testimony of witnesses or for the production of
relevant information.
13
Any person may file a complaint with the commission within 365 days of an alleged violation of the
FCRA containing a short and plain statement of the facts describing the violation, the relief sought, and
the employer, agency, organization, or person who allegedly committed the violation.
14
Within five days
of the complaint being filed, the Commission must send a copy of the complaint to the person who
allegedly committed the violation, by registered mail. That person then, in turn, may file an answer to
the complaint within 25 days of the date the complaint was filed with the Commission.
15
The Commission must investigate
16
the allegations in a complaint and within 180 days to determine if
there is reasonable cause to believe that discriminatory practice had occurred in violation of the
FCRA.
17
After a determination is made
18
on whether or not there is reasonable cause for a violation of
the FCRA, the Commission must notify, by registered mail, both the aggrieved person and the
respondent of the reasonable cause determination, the date of such determination, and the options
available to either party.
19
If the Commission finds reasonable cause that a violation of the FCRA has occurred, the aggrieved
person may either bring a civil action against the person named in the complaint in any court of
competent jurisdiction
20
, or request an administrative hearing under Ch. 120, F.S.
21
If the commission
determines that there is not reasonable cause that a violation of the FCRA has occurred, the
commission shall dismiss the complaint.
22
The aggrieved person may request an administrative hearing
but such request must be made within 35 days of the date of determination of reasonable cause and
any such hearing shall be heard by an administrative law judge and not by the Commission.
23
Registered Mail
Registered mail is the most secure mail service offered by the United States Postal Service (USPS).
24
It
is protected by safes, cages, sealed containers, locks, and keys while in the custody of the USPS. A
system of receipts is provided to monitor movement of registered mail from the point of acceptance to
delivery, but tracking services while the mail is en route to the destination is not provided. Mailers using
registered mail can direct delivery only to the addressee or addressee's authorized agent and requires a
signature upon delivery. USPS employees are not permitted to help customers prepare or seal registered
12
S. 760.06(5), F.S.
13
S. 760.06(6), F.S.
14
S. 760.11(1), F.S.
15
Id.
16
If any other agency of the state or of any other unit of government of the state has jurisdiction of the subject matter of any complaint
filed with the Commission and has legal authority to investigate the complaint, the Commission may refer such complaint to such
agency for an investigation. s. 760.11(2)
17
S. 760.11(3), F.S.
18
If the Commission fails to determine whether there is reasonable cause on any complaint within 180 days after the filing of the
complaint, the aggrieved person may proceed as if the Commission determined that there was reasonable cause for the complaint. The
Commission must notify the aggrieved person of the failure to determine whether there is reasonable cause and provide the options
available to the aggrieved person and that he or she must file a civil action within 1 year after the date the Commission certifies that
the notice was mailed. s. 760.11(8), F.S.
19
S. 760.11(3)
20
S. 760.11(4), F.S. and S. 760.11(5), F.S.
21
S. 760.11(4), F.S. and S. 760.11(6), F.S.
22
S. 760.11(7), F.S.
23
Id.
24
United States Postal Service, Registered Mail® - The Basics, available at https://faq.usps.com/s/article/Registered-Mail-The-Basics
(Last Visited January 19, 2024) STORAGE NAME: h1225.CRG PAGE: 4
DATE: 1/22/2024
mail. Any envelope or package that appears to have been opened and resealed, or otherwise improperly
prepared, may not be sent via registered mail.
25
Effect of the Bill
The bill maintains the notification requirement for complaints being filed with the Commission and
reasonable cause determinations by the Commission, but removes the requirement that those
notifications be sent via registered mail.
The bill also makes other technical clarifying changes.
B. SECTION DIRECTORY:
Section 1. Amends s. 760.11, F.S., relating to administrative and civil remedies; construction..
Section 2. Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVER NMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.
2. Other:
None.
25
Id. STORAGE NAME: h1225.CRG PAGE: 5
DATE: 1/22/2024
B. RULE-MAKING AUTHORITY:
The bill neither authorizes nor requires executive branch rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES