Joshua v. City of Gainesville

768 So. 2d 432, 25 Fla. L. Weekly Supp. 641, 2000 Fla. LEXIS 1751, 2000 WL 1227755
CourtSupreme Court of Florida
DecidedAugust 31, 2000
DocketSC94935
StatusPublished
Cited by108 cases

This text of 768 So. 2d 432 (Joshua v. City of Gainesville) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Joshua v. City of Gainesville, 768 So. 2d 432, 25 Fla. L. Weekly Supp. 641, 2000 Fla. LEXIS 1751, 2000 WL 1227755 (Fla. 2000).

Opinion

768 So.2d 432 (2000)

Deneace M. JOSHUA, Petitioner,
v.
CITY OF GAINESVILLE, Respondent.

No. SC94935.

Supreme Court of Florida.

August 31, 2000.

*433 Gary L. Printy, Tallahassee, Florida, for Petitioner Elinor E. Baxter and H. Jack Klingensmith of Walters, Levine, Brown, Klingensmith, Milonas & Thomison, P.A., Sarasota, Florida, for Respondent.

Cynthia N. Sass of Bole & Sass, Tampa, Florida; and Gail M. Flatow, Tampa, Florida, for The Florida Chapter of the National Employment Lawyers Association, Amicus Curiae Dana Baird, General Counsel, Miles A. Lance, Assistant General Counsel and Evelyn D. Golden, Assistant General Counsel, Tallahassee, Florida, for The Florida Commission on Human Relations, Amicus Curiae.

Michael B. Duncan of Harrison, Sale, McCloy, Thompson & Harrison, CHTD., Panama City, Florida, for Bay Medical Center, Amicus Curiae.

Michael P. Spellman, City Attorney's Office, Tallahassee, Florida, for City of Tallahassee, Amicus Curiae.

Marie Tomassi of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., St. Petersburg, Florida, for HCA New Port Richey Hospital a/k/a New Port Richey Hospital, Inc., Amicus Curiae Ronald A. Mowrey, David K. Minacci, and Donna S. Biggins of Mowrey & Minacci, P.A., Tallahassee, Florida, for Florida Sheriffs' Self-Insurance Fund, Amicus Curiae.

QUINCE, J.

We have for review a decision on the following question certified by the First District Court of Appeal to be of great public importance:

DOES THE SECTION 760.11(5), FLORIDA STATUTES (1995), ONE-YEAR STATUTE OF LIMITATIONS FOR FILING CIVIL ACTIONS "AFTER THE DATE OF DETERMINATION OF REASONABLE CAUSE BY THE COMMISSION" APPLY ALSO UPON THE COMMISSION'S FAILURE TO MAKE ANY DETERMINATION AS TO "REASONABLE CAUSE" WITHIN 180 DAYS AS CONTEMPLATED IN SECTION 760.11(8), FLORIDA STATUTES (1995), SO THAT AN ACTION FILED BEYOND THE ONE-YEAR PERIOD IS TIME BARRED?

Joshua v. City of Gainesville, 734 So.2d 1068, 1071 (Fla. 1st DCA 1999). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the following reasons, we answer this certified question in the negative. We hold that the general four-year statute of limitations for statutory violations, section 95.11(3)(f), Florida Statutes (1995), applies to actions filed pursuant to chapter 760, Florida Statutes, if the Commission on Human Relations does not make a reasonable cause determination on a complaint within the 180 days contemplated by section 760.11(8), Florida Statutes (1995).

STATEMENT OF FACTS

On October 1, 1979, Deneace C. Joshua (Joshua) began her employment as a Block Grant Financial Analyst for the City of Gainesville (City). In January 1995, Joshua filed a complaint with the Florida Commission on Human Relations (the Commission) alleging racial discrimination by the City in violation of the Florida Civil Rights Act (the Act), sections 760.01-760.11, Florida Statutes (1995). Joshua alleged the City denied her a promotion because she is an African-American.

In May of 1995, Joshua received a memorandum from her supervisor, James Hencin, that listed acts committed by Joshua which, according to Hencin, amounted to disruptive behavior. Each incident listed in that memo took place after Joshua filed her January 1995 complaint. The memo threatened future disciplinary action if such behavior continued. On July 21, 1995, after receiving this memo, Joshua filed another complaint against her employer alleging retaliation by the City in *434 violation of section 760.10(7)[1]. On January 20, 1998, Joshua filed a civil action in the circuit court alleging race-based discrimination arising from the above-stated actions.

On February 12, 1998, the City, in response to the circuit court complaint, filed a motion to dismiss alleging the action was time barred under section 760.11(5). The City maintained the civil action should have been filed by January 17, 1997, the last day of the one year plus 180-day period the City argued is allowed by a reading of sections 760.11(3) and 760.11(5). Relying on Milano v. Moldmaster, Inc., 703 So.2d 1093 (Fla. 4th DCA 1997) (holding that an employment discrimination case brought more than one year after the 180-day period was time-barred), the City argued that Joshua's one-year time limit on filing a civil action began to run on January 17, 1996, when, by operation of law, Joshua automatically obtained a determination of reasonable cause. According to the City, Joshua had until January 17, 1997, to file her complaint; her filing on January 20, 1998, was one year too late.

In the trial court, Joshua argued that section 760.11(5), which provides for the filing of a civil complaint within one year after receiving a reasonable cause determination, was not applicable to her case. She reasoned that the one-year period was not applicable because she did not receive a reasonable cause determination from the Commission based on her July 1995 claim nor did she receive any other communication regarding the status of her complaint within the 180-day period provided for in section 760.11(3). She further argued that section 760.11(8), which permits claimants who do not receive a reasonable cause determination to follow the options of filing a civil action or requesting an administrative hearing as provided in section 760.11(4), is permissive, not mandatory. Thus, Joshua opines she was not limited by the one-year limitation contained in section 760.11(5).

Joshua argued the permissive "may" used in subsections (4) and (8) of section 760.11 did not require her to file a civil action within one year after the 180-day period; the permissive "may" only gave her the option of doing so. Instead, Joshua contended, the general four-year statute of limitations for statutory causes of action under section 95.11(3), Florida Statutes (1995), should govern. See Hullinger v. Ryder Truck Rental, Inc., 548 So.2d 231 (Fla.1989) (holding that plaintiffs age discrimination suit was not time-barred by the two-year statutory limitation on age discrimination actions; instead, the four-year limit on actions for statutory violations would apply).

Relying on Milano, the trial court ruled for the City, finding that the last day of the 180-day period also marked the beginning of the one-year statute of limitation in which to file a civil action whether or not the claimant receives a reasonable cause determination. The trial court granted the City's motion to dismiss Joshua's cause of action. The First District Court of Appeal affirmed the dismissal but certified the question concerning the applicability of the one-year statute of limitation to situations where the Commission has failed to make a reasonable cause determination. See Joshua v. City of Gainesville, 734 So.2d 1068 (Fla. 1st DCA 1999).

DISCUSSION

The parties have demonstrated that the Florida Civil Rights Act embodied in Chapter 760 of the Florida Statutes does *435 not provide clear and unambiguous guidance to those who file complaints under its provisions nor to those who are brought into court on allegations of violating its terms. Our interpretation of the statute must be in keeping with the legislative intent embodied in the statutory scheme while protecting the procedural due process rights of claimants.

Legislative Intent

When interpreting a statute and attempting to discern legislative intent, courts must first look at the actual language used in the statute. See State v. Iacovone, 660 So.2d 1371 (Fla.1995); Miele v.

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Bluebook (online)
768 So. 2d 432, 25 Fla. L. Weekly Supp. 641, 2000 Fla. LEXIS 1751, 2000 WL 1227755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joshua-v-city-of-gainesville-fla-2000.