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FCHR 101 | PHASE B-2: YOUR STATE CASE

If the State of Florida gives you the opportunity to enter state court (via Final Order, “Cause Determination”, or Appellate Mandate) then you’ll be able to file your complaint in one of Florida’s judicial circuit courts (listed here).

B-2.0 | Intro

Good News: Your received document (eg, Final Order; “Cause Determination” Letter; or Appellate Mandate) will [probably] alert you to this possibility.

Better News: TBD has copied, re-formatted, and published many publicly available civil complaints [of discrimination] on this website (linked here).

Features:
✔ Free
✔ Rewarding
o ie, you will score book points by reading/accessing the complaints
• learn more about book points here

✔ Complete
✔ Comprehensive
✔ Interactive
✔ Uninvasive
✓ No Ads
✓ No Contracts
✓ No Signups


Best News: In this walkthrough, TBD will expound on your state case.

B-2.1 | The Rules & Regulations that Govern the Filing of Your Federal Case

60Y-5.004 FAC states that you have 1 year to file your state court lawsuit
“(4) A Notice of Determination of Reasonable Cause shall include an invitation to participate in conciliation and shall advise the complainant of the elective right to file either a Petition for Relief, pursuant to Rule 60Y-5.008, F.A.C., within 35 days of the date of determination or a civil action within one year of the date of determination.”

B-2.2 | The Laws that Govern your State Case

§760.11 FS also states that you have 1 year to file your state court lawsuit [upon getting a “Cause Determination”] (paraphrasing added):
“(4) If the [FCHR] determines that there is reasonable cause to believe that a discriminatory practice has occurred in violation of the Florida Civil Rights Act of 1992, the aggrieved person may either:

(a) Bring a civil action against the person named in the complaint in any court of competent jurisdiction;...

(5)... A civil action brought under this section shall be commenced no later than 1 year after the date of determination of reasonable cause by the [FCHR].”
§760.11(8) FS further states that this 1-year window applies to cases in which the FCHR fails to render any determination [within its statutorily-prescribed 180-day investigation] (paraphrasing added):
“(8) If the commission fails to conciliate or determine whether there is reasonable cause on any complaint under this section within 180 days after the filing of the complaint:

(a) An aggrieved person may proceed under subsection (4) as if the commission determined that there was reasonable cause.

(b) The commission shall promptly notify the aggrieved person of the failure to conciliate or determine whether there is reasonable cause. The notice shall provide the options available to the aggrieved person under subsection (4) and inform the aggrieved person that he or she must file a civil action within 1 year after the date the commission certifies that the notice was mailed.”
§760.11(7) FS goes on to say that the 1-year window also applies to cases in which the FCHR enters a Final Order in your favor (paraphrasing added):
“In the event the final order issued by the [FCHR] determines that a violation of the Florida Civil Rights Act of 1992 has occurred, the aggrieved person may bring, within 1 year of the date of the final order, a civil action under subsection (5) as if there has been a reasonable cause determination or accept the affirmative relief offered by the commission, but not both.”
Altogether, these laws mean that you’ll have one year to file your state court action:
IF you get a “Reasonable Cause” Determination within the FCHR’s 180-day investigative window (real-live sample); or

IF you do not get any determination within the FCHR’s 180-day investigative window (real-live sample); and/or

IF the FCHR issues you a Final Order in your favor (ie, that you were subjected to discrimination) (real-live sample).

B-2.3 | The Complaint

You will have to file your state complaint directly (ie, there’s no longer an administrative agency that’ll be the middleman). TBD’s put together a free how-to guide to help you accomplish this task:
How to File a State Civil Rights Complaint
As you write your complaint, quickly brush up on the key tenet that’s referred to as “the exhaustion of administrative remedies”. In a nutshell, it’s the gauntlet that you just went through (ie, FCHR Investigation, DOAH Proceeding, etc.). Your State Court (eg, “4th Judicial Circuit Court in and for Duval County, Florida”) will be looking for this; as it serves as a certification of your complaint’s ripeness.

B-2.4 | The Summons

In addition to your complaint, you’ll need to effectuate a summons. This is an important document; it notifies your civil opponent that he/she/it has been sued. The process of effectuating a summons can be bothersome/cumbersome. Luckily, TBD has put together this how-to guide to help you remain unbothered by this step:
How to Effectuate a State Summons
Also, the Florida Rules of Civil Procedure (as well as your State Court) implore you to seek a waiver of the summons service. You’ll seek this waiver by asking your civil opponent directly. Here’s a how-to guide:
How to Request a Waiver of Summons Service

B-2.5 | TBD’s Recommendations

Meet your Filing Deadline!
• You must file your State Court Complaint within 1 year of receiving your ‘ticket’. See
o Item B-2.1; and
o Item B-2.2 (above)
• Do not let the burden of effectuating a summons interfere with your 1-year filing window
Know Your Constitutional Rights:
• Remember that the 7th Amendment (US Constitution) guarantees you the opportunity to have a trial-by-jury

• Remember that the 14th Amendment (US Constitution) guarantees you the right to due process (ie, fundamental fairness)

• Remember that the 14th Amendment (US Constitution) guarantees you the right to the equal protections under the law
Know the Seminal Case (ie, McDonnell-Douglas v Green):
• Understand how it is used for adjudicating cases of employment discrimination
Info: The McDonnell-Douglas Framework
• Read the pertinent appellate court opinions here
Prepare to face a Motion to Dismiss
• Attorneys tend to file them with little regard for facts/truth/logic.

• Here’s a how-to guide for drafting a response to such a document:
How to Respond to a Motion to Dismiss
• In fact, being cognizant of this event will help you formulate your civil complaint.
Keep your Civil Complaint as brief as possible
• Providing too much detail will only aide your civil opponent (ie, the entity that discriminated against you)
o See Rule 1.100 Fla. R. Civ. P.
o See Rule 1.140 Fla. R. Civ. P.
‣ Plus, providing too much detail can potentially slow down your case
• Provide a Short & plain statement
o Example 1: Company XYZ fired me because I rejected my boss’ sexual/romantic advances

o Example 2: Company ABC suspended me because I filed an internal discrimination complaint

o Example 3: Corporation XYZ demoted me due to my age

o Example 4: Corporation ABC refused to hire me because of my nationality

o Example 5: Entity XYZ subjected me to a hostile work environment because of my disability
Also, become well-versed in the following provisions:
Fla. R. Civ. P.
Local Rules of Court:
Broward County;
Duval County;
etc.
FCRA

Fla. R. Jud. Admin.
Fla. R. App. P.

USFLMD’s Official Handbook on Civil Discovery
They will help you see the path that’s ahead of you.

B-2.6 | TBD’s Commentary

Congratulations! You’ve finally made it into the court system. This will be your first chance – after roughly 2 years – to get access to a [constitutionally-guaranteed] jury-of-your peers.

Along your way, please try to help the civil rights litigants that will follow in your footsteps. One easy way that you can do that is by selling your court documents to TBD (learn how). Reason: real-live sample court documents are some of the most helpful (and sought after) resources for civil rights litigants.

Well, Congratulations on making it this far; and Best Wishes on your journey!
Before you go, though, review this alternate/additional path to justice (ie, Phase A (SWR ± Federal Court)).
Sincerely,



www.TextBookDiscrimination.com
TextBookDiscrimination.com® | © 2024. All Rights Reserved.
Footnotes
1 note: TBD has paraphrased these statutes in order to minimize ambiguity (ie, DOAH vs FCHR vs Agency). So, please feel free to consult the originating text (here).

Congratulations! You're now booked up on Phase B-2 (Your State Case) regarding the way the legal process operates within the State of Florida!

Keep this in mind while you litigate your civil rights case in the sunshine state. Also, keep in mind the FCHR's statutory ability to accept bribes.

Plus - at all times - keep the 7th Amendment of the US Constitution (your right to a trial-by-jury) in mind.

As always, please get the justice you deserve.

Sincerely,



www.TextBookDiscrimination.com
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