THOMAS DESPART, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Cameshia Byrd v. BT Foods, Inc., 948 So. 2d 921 (Fla. 4th DCA 2007)
  …Foods that Byrd did not meet the first and third prongs. Regarding the first element of a prima facie case, the FCRA does not define the term “handicap.” We therefore look to the ADA’s definition of a “disability.” See Ross v. Jim Adams Ford, Inc., 871 So. 2d 312 (Fla. 2d DCA 2004). The ADA defines a “disability” as “a physical or mental impairment that substantially limits one or more of the major life activities of such individual, a record of such impairment; or being regarded as having such an impairment…
• Univ. of Cent. Fla. Bd. of Trs. v. Turkiewicz, 21 So. 3d 141 (Fla. 5th DCA 2009)
  …112.31895.[4] (Emphasis added). The Maggio court described section 760.11(1) as containing a set of “pre-suit administrative procedures” with which the claimant must comply prior to filing a civil action. Similarly, in Ross v. Jim Adams Ford, Inc., 871 So. 2d 312, 315 (Fla. 2d DCA 2004), the Second District noted: Section 760.11 establishes administrative and civil remedies for violations of the Florida Civil Rights Act. Although this statute states that a complaint “may” be filed with the Florida Commissio…
• Belletete v. Halford, 886 So. 2d 308 (Fla. 4th DCA 2004)
  …filed with the Commission, it is clear that such a complaint must be filed with the Commission or its federal counterpart by anyone who wishes to pursue either a lawsuit or an administrative proceeding under this act. Ross v. Jim Adams Ford, Inc., 871 So. 2d 312, 315 (Fla. 2d DCA 2004). In the case at bar, there is no record evidence that Belletete first filed a complaint based on the FHA with the Commission on Human Relations. Therefore, his FHA claims were barred,1 and the trial court’s decision to grant…

Authorities Cited

• Proctor v. State, 845 So. 2d 1007 (Fla. 5th DCA 2003)