Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 774
       
       
       
       
       
       
                                Barcode 951756                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/18/2013           .                                
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       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  after of the 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) may must be 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 attorney attorney’s fee as part of the costs.
   34  Attorney It is the intent of the Legislature that this provision
   35  for attorney’s fees must be calculated interpreted in 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 after of the 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 after of the 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
   59  attorney’s fee as part of the costs. Attorney It is the intent
   60  of the Legislature that this provision for attorney’s fees must
   61  be calculated interpreted in 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 after of the 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