Florida Senate - 2014 SENATOR AMENDMENT Bill No. CS for SB 220 Ì145552&Î145552 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 03/19/2014 06:00 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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
ofthe 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 of16 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 ofthe 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 shallnot 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’sfees 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.