On November 8, 2017 the Florida Chamber of Commerce urged the House Civil Justice & Claims Subcommittee to support Amendment #936233 to HB 307- Florida Commission on Human Relations.
This amendment fixes Joshua v. City of Gainesville, a 2000 Florida Supreme Court decision that declared the statute of limitations ambiguous on what happens when the Florida Commission on Human Relations doesn’t act within 180 days. The Florida Commission on Human Relations has 180 days to make a determination on complaints, and when a reasonable cause determination has been made, the aggrieved person has 1 year to file a complaint. After the Joshua case, if the Florida Commission on Human Relations did not meet the 180 day deadline, or did not find there to be reasonable cause, the aggrieved person had 4 years to file a complaint. This amendment specifies that a person has 1 year to file a civil action after the notice has been mailed, regardless of whether the 180 day deadline has been made. This legislation is important to Florida’s business community because this bill:
- Clarifies that the statute of limitations to file a civil action is 1 year after review by the Florida Commission on Human Relations;
- Brings certainty to Florida employers on when a civil action might be brought against them; and
- Ensures the aggrieved person receives a response after 180 days from the Florida Commission on Human Relations on the status of their complaint.
The Florida Chamber urges you to support amendment #936233 to HB 307, and will consider votes on this legislation, and any substantive amendments to it in committee or on the floor, in our annual How They Voted report card. The grade that you earn will be based on your voting record on the issues. We will make every effort to notify you prior to a vote that may be included in our annual legislative report card. If you have any questions about this or other issues, please do not hesitate to contact me.
Frank C. Walker, III
Vice President of Government Affairs
Florida Chamber of Commerce