Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SB 774 Barcode 951756 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/18/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Commerce and Tourism (Thompson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 60 - 136 4 and insert: 5 (6) Any administrative hearing brought pursuant to 6 paragraph (4)(b) shall be conducted under ss. 120.569 and 7 120.57. The commission may hear the case provided that the final 8 order is issued by members of the commission who did not conduct 9 the hearing or the commission may request that it be heard by an 10 administrative law judge pursuant to s. 120.569(2)(a). If the 11 commission elects to hear the case, it may be heard by a 12 commissioner. If the commissioner, after the hearing, finds that 13 a violation of the Florida Civil Rights Act of 1992 has 14 occurred, the commissioner shall issue an appropriate proposed 15 order in accordance with chapter 120 prohibiting the 16 discriminatory practice and providing affirmative relief from 17 the effects of the practice, including back pay. If the 18 administrative law judge, after the hearing, finds that a 19 violation of the Florida Civil Rights Act of 1992 has occurred, 20 the administrative law judge shall issue an appropriate 21 recommended order in accordance with chapter 120 prohibiting the 22 discriminatory practice and providing affirmative relief from 23 the effects of the practice, including back pay. Within 90 days 24 afterofthe date the recommended or proposed order is rendered, 25 the commission shall issue a final order by adopting, rejecting, 26 or modifying the recommended order as provided under ss. 120.569 27 and 120.57. The 90-day period may be extended with the consent 28 of all the parties. An administrative hearing pursuant to 29 paragraph (4)(b) maymustbe requested no later than 35 days 30 after the date of determination of reasonable cause by the 31 commission. In any action or proceeding under this subsection, 32 the commission, in its discretion, may allow the prevailing 33 party a reasonable attorneyattorney’sfee as part of the costs. 34 AttorneyIt is the intent of the Legislature that this provision35for attorney’sfees must be calculatedinterpretedin a manner 36 consistent with federal case law involving a Title VII action. 37 (7) If the commission determines that there is not 38 reasonable cause to believe that a violation of the Florida 39 Civil Rights Act of 1992 has occurred, the commission shall 40 dismiss the complaint. The aggrieved person may request an 41 administrative hearing under ss. 120.569 and 120.57, but any 42 such request must be made within 35 days afterofthe date of 43 determination of reasonable cause and any such hearing shall be 44 heard by an administrative law judge and not by the commission 45 or a commissioner. If the aggrieved person does not request an 46 administrative hearing within the 35 days, the claim will be 47 barred. If the administrative law judge finds that a violation 48 of the Florida Civil Rights Act of 1992 has occurred, he or she 49 shall issue an appropriate recommended order to the commission 50 prohibiting the discriminatory practice and recommending 51 affirmative relief from the effects of the practice, including 52 back pay. Within 90 days afterofthe date the recommended order 53 is rendered, the commission shall issue a final order by 54 adopting, rejecting, or modifying the recommended order as 55 provided under ss. 120.569 and 120.57. The 90-day period may be 56 extended with the consent of all the parties. In any action or 57 proceeding under this subsection, the commission, in its 58 discretion, may allow the prevailing party a reasonable attorney 59attorney’sfee as part of the costs. AttorneyIt is the intent60of the Legislature that this provision for attorney’sfees must 61 be calculatedinterpretedin a manner consistent with federal 62 case law involving a Title VII action. In the event the final 63 order issued by the commission determines that a violation of 64 the Florida Civil Rights Act of 1992 has occurred, the aggrieved 65 person may bring, within 1 year afterofthe date of the final 66 order, a civil action under subsection (5) as if there has been 67 a reasonable cause determination or accept the affirmative 68 relief offered by the commission, but not both. 69 ================= T I T L E A M E N D M E N T ================ 70 And the title is amended as follows: 71 Delete lines 18 - 21 72 and insert: 73 providing that attorney fees be calculated