Florida Senate - 2013                              CS for SB 774
       
       
       
       By the Committee on Commerce and Tourism; and Senators Thompson,
       Clemens, Soto, Sobel, Joyner, Abruzzo, Margolis, Ring, Gibson,
       and Braynon
       
       
       577-02583-13                                           2013774c1
    1                        A bill to be entitled                      
    2         An act relating to the Florida Civil Rights Act of
    3         1992; providing a short title; amending s. 760.02,
    4         F.S.; expanding the meaning of “sex” as the term
    5         relates to the Florida Civil Rights Act of 1992;
    6         specifying that a woman who is pregnant or who is
    7         affected by a medical condition related to pregnancy
    8         or childbirth must be treated the same for all
    9         employment-related purposes, including receipt of
   10         benefits, as an individual who has a medical condition
   11         unrelated to pregnancy or childbirth; amending s.
   12         760.11, F.S.; extending the time for the Florida
   13         Commission on Human Relations to investigate
   14         complaints and determine reasonable cause; specifying
   15         powers of the commission and administrative law judges
   16         to enter proposed orders to prohibit practices that
   17         violate the Florida Civil Rights Act of 1992;
   18         providing that attorney fees be calculated consistent
   19         with federal case law; extending the time before a
   20         complainant may proceed with civil or administrative
   21         action when the commission fails to conciliate or
   22         determine whether there is reasonable cause; providing
   23         an effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. This act may be cited as the “Protect Our Women
   28  Act.”
   29         Section 2. Present subsections (1), (5), (6), (7), (8),
   30  (9), and (10) of section 760.02, Florida Statutes, are reordered
   31  and redesignated as subsections (7), (9), (10), (5), (6), (8),
   32  and (1), respectively, and a new subsection (12) is added to
   33  that section, to read:
   34         760.02 Definitions.—For the purposes of ss. 760.01-760.11
   35  and 509.092, the term:
   36         (12) “Sex” means the biological state of being a male, a
   37  female, or a female who is pregnant or affected by any medical
   38  condition related to pregnancy or childbirth. A female who is
   39  pregnant or who is affected by a medical condition related to
   40  pregnancy or childbirth shall be treated the same for all
   41  employment-related purposes as an individual not so affected who
   42  has a similar ability or inability to work.
   43         Section 3. Subsections (3), (6), (7), and (8) of section
   44  760.11, Florida Statutes, are amended to read:
   45         760.11 Administrative and civil remedies; construction.—
   46         (3) Except as provided in subsection (2), the commission
   47  shall investigate the allegations in the complaint. Within 240
   48  180 days after of the filing of the complaint, the commission
   49  shall determine if there is reasonable cause to believe that
   50  discriminatory practice has occurred in violation of the Florida
   51  Civil Rights Act of 1992. When the commission determines whether
   52  or not there is reasonable cause, the commission shall promptly
   53  notify by registered mail shall promptly notify the aggrieved
   54  person and the respondent of the reasonable cause determination,
   55  the date of such determination, and the options available under
   56  this section.
   57         (6) Any administrative hearing brought pursuant to
   58  paragraph (4)(b) shall be conducted under ss. 120.569 and
   59  120.57. The commission may hear the case provided that the final
   60  order is issued by members of the commission who did not conduct
   61  the hearing or the commission may request that it be heard by an
   62  administrative law judge pursuant to s. 120.569(2)(a). If the
   63  commission elects to hear the case, it may be heard by a
   64  commissioner. If the commissioner, after the hearing, finds that
   65  a violation of the Florida Civil Rights Act of 1992 has
   66  occurred, the commissioner shall issue an appropriate proposed
   67  order in accordance with chapter 120 prohibiting the
   68  discriminatory practice and providing affirmative relief from
   69  the effects of the practice, including back pay. If the
   70  administrative law judge, after the hearing, finds that a
   71  violation of the Florida Civil Rights Act of 1992 has occurred,
   72  the administrative law judge shall issue an appropriate
   73  recommended order in accordance with chapter 120 prohibiting the
   74  discriminatory practice and providing affirmative relief from
   75  the effects of the practice, including back pay. Within 90 days
   76  after of the date the recommended or proposed order is rendered,
   77  the commission shall issue a final order by adopting, rejecting,
   78  or modifying the recommended order as provided under ss. 120.569
   79  and 120.57. The 90-day period may be extended with the consent
   80  of all the parties. An administrative hearing pursuant to
   81  paragraph (4)(b) may must be requested no later than 35 days
   82  after the date of determination of reasonable cause by the
   83  commission. In any action or proceeding under this subsection,
   84  the commission, in its discretion, may allow the prevailing
   85  party a reasonable attorney attorney’s fee as part of the costs.
   86  Attorney It is the intent of the Legislature that this provision
   87  for attorney’s fees must be calculated interpreted in a manner
   88  consistent with federal case law involving a Title VII action.
   89         (7) If the commission determines that there is not
   90  reasonable cause to believe that a violation of the Florida
   91  Civil Rights Act of 1992 has occurred, the commission shall
   92  dismiss the complaint. The aggrieved person may request an
   93  administrative hearing under ss. 120.569 and 120.57, but any
   94  such request must be made within 35 days after of the date of
   95  determination of reasonable cause and any such hearing shall be
   96  heard by an administrative law judge and not by the commission
   97  or a commissioner. If the aggrieved person does not request an
   98  administrative hearing within the 35 days, the claim will be
   99  barred. If the administrative law judge finds that a violation
  100  of the Florida Civil Rights Act of 1992 has occurred, he or she
  101  shall issue an appropriate recommended order to the commission
  102  prohibiting the discriminatory practice and recommending
  103  affirmative relief from the effects of the practice, including
  104  back pay. Within 90 days after of the date the recommended order
  105  is rendered, the commission shall issue a final order by
  106  adopting, rejecting, or modifying the recommended order as
  107  provided under ss. 120.569 and 120.57. The 90-day period may be
  108  extended with the consent of all the parties. In any action or
  109  proceeding under this subsection, the commission, in its
  110  discretion, may allow the prevailing party a reasonable attorney
  111  attorney’s fee as part of the costs. Attorney It is the intent
  112  of the Legislature that this provision for attorney’s fees must
  113  be calculated interpreted in a manner consistent with federal
  114  case law involving a Title VII action. In the event the final
  115  order issued by the commission determines that a violation of
  116  the Florida Civil Rights Act of 1992 has occurred, the aggrieved
  117  person may bring, within 1 year after of the date of the final
  118  order, a civil action under subsection (5) as if there has been
  119  a reasonable cause determination or accept the affirmative
  120  relief offered by the commission, but not both.
  121         (8) If In the event that the commission fails to conciliate
  122  or determine whether there is reasonable cause on any complaint
  123  under this section within 240 180 days after of the filing of
  124  the complaint, an aggrieved person may proceed under subsection
  125  (4), as if the commission determined that there was reasonable
  126  cause.
  127         Section 4. This act shall take effect July 1, 2013.