Florida Senate - 2023                                     SB 738
       
       
        
       By Senator Brodeur
       
       
       
       
       
       10-00888-23                                            2023738__
    1                        A bill to be entitled                      
    2         An act relating to civil remedies for unlawful
    3         employment practices; amending s. 760.11, F.S.;
    4         providing limits on a judgment for punitive and
    5         compensatory damages for certain claims; authorizing
    6         an aggrieved party to bring a civil action for certain
    7         claims within a specified timeframe, regardless of the
    8         determination made by the Florida Commission on Human
    9         Relations; making technical changes; providing an
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsections (5) and (7) of section 760.11,
   15  Florida Statutes, are amended to read:
   16         760.11 Administrative and civil remedies; construction.—
   17         (5)(a) In any civil action brought under this section, the
   18  court may issue an order prohibiting the discriminatory practice
   19  and providing affirmative relief from the effects of the
   20  practice, including back pay. The court may also award
   21  compensatory damages, including, but not limited to, damages for
   22  mental anguish, loss of dignity, and any other intangible
   23  injuries, and punitive damages.
   24         (b)Sections The provisions of ss. 768.72 and 768.73 do not
   25  apply to this section.
   26         1. The judgment for the total amount of punitive damages
   27  awarded under this section to an aggrieved person may shall not
   28  exceed $100,000. However, in a civil action brought under this
   29  section alleging a violation of s. 760.10(8)(a)1.-5., the
   30  judgment for the total amount of punitive damages awarded to the
   31  aggrieved person must be at least $50,000 but may not exceed $1
   32  million.
   33         2.The state and its agencies and subdivisions may not be
   34  liable for punitive damages.
   35         (c)In a civil action brought under this section alleging a
   36  violation of s. 760.10(8)(a)1.-5., the judgment for the total
   37  amount of compensatory damages awarded to the aggrieved person
   38  for mental anguish and loss of dignity must be the amount of the
   39  aggrieved person’s actual damages or three times the amount of
   40  his or her highest annual salary, whichever is greater.
   41         (d)The total amount of recovery against the state and its
   42  agencies and subdivisions may not exceed the limitation as set
   43  forth in s. 768.28(5).
   44         (e) In any action or proceeding under this section
   45  subsection, the court, in its discretion, may allow the
   46  prevailing party a reasonable attorney fees attorney’s fee as
   47  part of the costs. It is the intent of the Legislature that this
   48  provision for attorney attorney’s fees be interpreted in a
   49  manner consistent with federal case law involving a Title VII
   50  action.
   51         (f) The right to trial by jury is preserved in any such
   52  private right of action in which the aggrieved person is seeking
   53  compensatory or punitive damages, and any party may demand a
   54  trial by jury. The commission’s determination of reasonable
   55  cause is not admissible into evidence in any civil proceeding,
   56  including any hearing or trial, except to establish for the
   57  court the right to maintain the private right of action. A civil
   58  action brought under this section must shall be commenced no
   59  later than 1 year after the date of determination of reasonable
   60  cause by the commission. The commencement of such action divests
   61  shall divest the commission of jurisdiction of the complaint,
   62  except that the commission may intervene in the civil action as
   63  a matter of right. Notwithstanding the above, the state and its
   64  agencies and subdivisions shall not be liable for punitive
   65  damages. The total amount of recovery against the state and its
   66  agencies and subdivisions shall not exceed the limitation as set
   67  forth in s. 768.28(5).
   68         (7)(a) If the commission determines that there is not
   69  reasonable cause to believe that a violation of the Florida
   70  Civil Rights Act of 1992 has occurred, the commission must shall
   71  dismiss the complaint, except as provided in paragraph (d).
   72         (b) The aggrieved person may request an administrative
   73  hearing under ss. 120.569 and 120.57, but any such request must
   74  be made within 35 days after of the date of determination of
   75  reasonable cause by the commission. An administrative and any
   76  such hearing must shall be heard by an administrative law judge
   77  and may not be heard by the commission or a commissioner. If the
   78  aggrieved person does not request an administrative hearing
   79  within the 35 days, the claim is will be barred. If the
   80  administrative law judge finds that a violation of the Florida
   81  Civil Rights Act of 1992 has occurred, he or she shall issue an
   82  appropriate recommended order to the commission prohibiting the
   83  practice and recommending affirmative relief from the effects of
   84  the practice, including back pay. Within 90 days after of the
   85  date the recommended order is rendered, the commission shall
   86  issue a final order by adopting, rejecting, or modifying the
   87  recommended order as provided under ss. 120.569 and 120.57. The
   88  90-day period may be extended with the consent of all the
   89  parties. In any action or proceeding under this subsection, the
   90  commission, in its discretion, may allow the prevailing party a
   91  reasonable attorney’s fee as part of the costs. It is the intent
   92  of the Legislature that this provision for attorney’s fees be
   93  interpreted in a manner consistent with federal case law
   94  involving a Title VII action.
   95         (c)If In the event the final order issued by the
   96  commission determines that a violation of the Florida Civil
   97  Rights Act of 1992 has occurred, the aggrieved person may bring,
   98  within 1 year after of the date of the final order, a civil
   99  action under subsection (5) as if there has been a reasonable
  100  cause determination or accept the affirmative relief offered by
  101  the commission, but not both.
  102         (d)An aggrieved person who claims a violation of s.
  103  760.10(8)(a)1.-5. may bring a civil action under this section
  104  within 1 year after the date the aggrieved person receives
  105  notice of the commission’s decision on reasonable cause,
  106  regardless of the commission’s determination.
  107         Section 2. This act shall take effect July 1, 2023.