Employment & Labor Law
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Janet Maggio v. Department of Labor and Employment Security, Agency for Workforce Innovation
29 Fla. L. Weekly D839a (Fla. 2d DCA April 2, 2004)
Trial court properly found that an action filed pursuant to the Florida Civil Rights Act is a tort claim that was subject to presuit notice requirements of section 768.28(6)(a). Given plaintiff's failure to comply with requirements and inability to timely comply due to passage of time, trial court correctly dismissed claim with prejudice. The court certified a question of great public importance: Are claims filed pursuant to the Florida Civil Rights Act of 1992 tort claims and thus subject to the presuit notice requirements of section 768.28(6), Florida Statutes (2003)?
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