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 48180days afterofthe 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 52or notthere is reasonable cause, the commission shall promptly 53 notify by registered mailshall promptly notifythe 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 afterofthe 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) maymustbe 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 attorneyattorney’sfee as part of the costs. 86 AttorneyIt is the intent of the Legislature that this provision87for attorney’sfees must be calculatedinterpretedin 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 afterofthe 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 afterofthe 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 111attorney’sfee as part of the costs. AttorneyIt is the intent112of the Legislature that this provision for attorney’sfees must 113 be calculatedinterpretedin 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 afterofthe 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) IfIn the event thatthe commission fails to conciliate 122 or determine whether there is reasonable cause on any complaint 123 under this section within 240180days afterofthe 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.