Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for SB 220
       
       
       
       
       
       
                                Ì145552&Î145552                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             03/19/2014 06:00 PM       .                                
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    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 173 - 212
    4  and insert:
    5         Section 7. Subsections (1), (5), (7), and (13) of section
    6  760.11, Florida Statutes, are amended to read:
    7         760.11 Administrative and civil remedies; construction.—
    8         (1) Any person aggrieved by a violation of ss. 760.01
    9  760.10 may file a complaint with the commission within 365 days
   10  after of the alleged violation, naming the employer, employment
   11  agency, labor organization, or joint labor-management committee,
   12  or, in the case of an alleged violation of s. 760.10(5), the
   13  person responsible for the violation and describing the
   14  violation. Any person aggrieved by a violation of s. 509.092 may
   15  file a complaint with the commission within 365 days after of
   16  the alleged violation naming the person responsible for the
   17  violation and describing the violation. The commission, a
   18  commissioner, or the Attorney General may in like manner file
   19  such a complaint. On the same day the complaint is filed with
   20  the commission, the commission shall clearly stamp on the face
   21  of the complaint the date the complaint was filed with the
   22  commission. In lieu of filing the complaint with the commission,
   23  a complaint under this section may be filed with the federal
   24  Equal Employment Opportunity Commission or with any unit of
   25  government of the state which is a fair-employment-practice
   26  agency under 29 C.F.R. ss. 1601.70-1601.80. If the date the
   27  complaint is filed is clearly stamped on the face of the
   28  complaint, that date is the date of filing. The date the
   29  complaint is filed with the commission for purposes of this
   30  section is the earliest date of filing with the Equal Employment
   31  Opportunity Commission, the fair-employment-practice agency, or
   32  the commission. The complaint shall contain a short and plain
   33  statement of the facts describing the violation and the relief
   34  sought. The commission may require additional information to be
   35  in the complaint. The commission, within 5 days of the complaint
   36  being filed, shall by registered mail send a copy of the
   37  complaint to the person who allegedly committed the violation.
   38  The person who allegedly committed the violation may file an
   39  answer to the complaint within 25 days after of the date the
   40  complaint was filed with the commission. Any answer filed shall
   41  be mailed to the aggrieved person by the person filing the
   42  answer. Both the complaint and the answer shall be verified.
   43         (5)(a) In any civil action brought under this section, the
   44  court may issue an order prohibiting the discriminatory practice
   45  and providing affirmative relief from the effects of the
   46  practice, including back pay. The court may also award
   47  compensatory damages, including, but not limited to, damages for
   48  mental anguish, loss of dignity, and any other intangible
   49  injuries, and punitive damages. The provisions of ss. 768.72 and
   50  768.73 do not apply to this section. The judgment for the total
   51  amount of punitive damages awarded under this section to an
   52  aggrieved person may shall not exceed $100,000, except that in
   53  an action by an aggrieved person regarding employment, the
   54  judgment for the total amount of punitive and compensatory
   55  damages awarded under this section to the aggrieved person may
   56  not exceed the amounts specified in paragraph (b). In any action
   57  or proceeding under this subsection, the court, in its
   58  discretion, may allow the prevailing party a reasonable
   59  attorney’s fee as part of the costs. It is the intent of the
   60  Legislature that this provision for attorney attorney’s fees be
   61  interpreted in a manner consistent with federal case law
   62  involving a Title VII action. The right to trial by jury is
   63  preserved in any such private right of action in which the
   64  aggrieved person is seeking compensatory or punitive damages,
   65  and any party may demand a trial by jury. The commission’s
   66  determination of reasonable cause is not admissible into
   67  evidence in any civil proceeding, including any hearing or
   68  trial, except to establish for the court the right to maintain
   69  the private right of action. A civil action brought under this
   70  section shall be commenced no later than 1 year, or 90 days if
   71  it is an action by an aggrieved person regarding employment,
   72  after the date of determination of reasonable cause by the
   73  commission or, if the commission does not make a determination
   74  of reasonable cause within 180 days after the filing of a
   75  complaint, no later than 90 days after the expiration of the
   76  investigatory period under subsection (3). The commencement of
   77  such action shall divest the commission of jurisdiction of the
   78  complaint, except that the commission may intervene in the civil
   79  action as a matter of right. Notwithstanding the above, the
   80  state and its agencies and subdivisions shall not be liable for
   81  punitive damages. The total amount of recovery against the state
   82  and its agencies and subdivisions shall not exceed the
   83  limitation as set forth in s. 768.28(5).
   84         (b) The judgment for the total amount of punitive and
   85  compensatory damages awarded under this section to an aggrieved
   86  person in an action regarding employment may not exceed:
   87         1. For an employer with at least 15 but not more than 100
   88  full-time employees, $50,000.
   89         2. For an employer with at least 101 but not more than 200
   90  full-time employees, $100,000.
   91         3. For an employer with at least 201 but not more than 500
   92  full-time employees, $200,000.
   93         4. For an employer with more than 500 full-time employees,
   94  $300,000.
   95         (7) If the commission determines that there is not
   96  reasonable cause to believe that a violation of the Florida
   97  Civil Rights Act of 1992 has occurred, the commission shall
   98  dismiss the complaint. The aggrieved person may request an
   99  administrative hearing under ss. 120.569 and 120.57, but any
  100  such request must be made within 35 days of the date of
  101  determination of reasonable cause and any such hearing shall be
  102  heard by an administrative law judge and not by the commission
  103  or a commissioner. If the aggrieved person does not request an
  104  administrative hearing within the 35 days, the claim will be
  105  barred. If the administrative law judge finds that a violation
  106  of the Florida Civil Rights Act of 1992 has occurred, he or she
  107  shall issue an appropriate recommended order to the commission
  108  prohibiting the practice and recommending affirmative relief
  109  from the effects of the practice, including back pay. Within 90
  110  days of the date the recommended order is rendered, the
  111  commission shall issue a final order by adopting, rejecting, or
  112  modifying the recommended order as provided under ss. 120.569
  113  and 120.57. The 90-day period may be extended with the consent
  114  of all the parties. In any action or proceeding under this
  115  subsection, the commission, in its discretion, may allow the
  116  prevailing party a reasonable attorney’s fee as part of the
  117  costs. It is the intent of the Legislature that this provision
  118  for attorney’s fees be interpreted in a manner consistent with
  119  federal case law involving a Title VII action. In the event the
  120  final order issued by the commission determines that a violation
  121  of the Florida Civil Rights Act of 1992 has occurred, the
  122  aggrieved person may bring, within 1 year of the date of the
  123  final order, or 90 days if it is an action by an aggrieved
  124  person regarding employment, a civil action under subsection (5)
  125  as if there has been a reasonable cause determination or accept
  126  the affirmative relief offered by the commission, but not both.
  127         (13) Final orders of the commission are subject to judicial
  128  review pursuant to s. 120.68. The commission’s determination of
  129  reasonable cause is not final agency action that is subject to
  130  judicial review. Unless specifically ordered by the court, the
  131  commencement of an appeal does not suspend or stay the order of
  132  the commission, except as provided in the Rules of Appellate
  133  Procedure. In any action or proceeding under this subsection,
  134  the court, in its discretion, may allow the prevailing party a
  135  reasonable attorney’s fee as part of the cost. It is the intent
  136  of the Legislature that this provision for attorney’s fees be
  137  interpreted in a manner consistent with federal case law
  138  involving a Title VII action. In the event the order of the
  139  court determines that a violation of the Florida Civil Rights
  140  Act of 1992 has occurred, the court shall remand the matter to
  141  the commission for appropriate relief. The aggrieved party has
  142  the option to accept the relief offered by the commission or may
  143  bring, within 1 year of the date of the court order or 90 days
  144  if it is an action by an aggrieved person regarding employment,,
  145  a civil action under subsection (5) as if there has been a
  146  reasonable cause determination.
  147  
  148  ================= T I T L E  A M E N D M E N T ================
  149  And the title is amended as follows:
  150         Delete lines 23 - 27
  151  and insert:
  152         pregnancy; amending s. 760.11, F.S.; reenacting
  153         provisions relating to administrative and civil
  154         remedies for violations of the Florida Civil Rights
  155         Act of 1992, to incorporate amendments to s.
  156         760.10(5), F.S.; revising the required commencement
  157         dates of certain civil actions brought under the act;
  158         revising the amount of punitive and compensatory
  159         damages recoverable by an aggrieved person against his
  160         or her employer for violations of the act; providing
  161         an effective date.