Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 220
       
       
       
       
       
       
                                Ì409726>Î409726                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/12/2014           .                                
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    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 173 - 212
    4  and insert:
    5         Section 7. Subsections (1), (3), (5), (7), (8), and (13) of
    6  section 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 of the 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 of
   16  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 of the 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         (3) Except as provided in subsection (2), the commission
   44  shall investigate the allegations in the complaint. Within 270
   45  180 days after of the filing of the complaint, the commission
   46  shall determine if there is reasonable cause to believe that
   47  discriminatory practice has occurred in violation of the Florida
   48  Civil Rights Act of 1992. When the commission determines whether
   49  or not there is reasonable cause, the commission by registered
   50  mail shall promptly notify the aggrieved person and the
   51  respondent of the reasonable cause determination, the date of
   52  such determination, and the options available under this
   53  section.
   54         (5)(a) In any civil action brought under this section, the
   55  court may issue an order prohibiting the discriminatory practice
   56  and providing affirmative relief from the effects of the
   57  practice, including back pay. The court may also award
   58  compensatory damages, including, but not limited to, damages for
   59  mental anguish, loss of dignity, and any other intangible
   60  injuries, and punitive damages. The provisions of ss. 768.72 and
   61  768.73 do not apply to this section. The judgment for the total
   62  amount of punitive damages awarded under this section to an
   63  aggrieved person may shall not exceed $100,000, except that in
   64  an action by an aggrieved person regarding employment, the
   65  judgment for the total amount of punitive and compensatory
   66  damages awarded under this section to the aggrieved person may
   67  not exceed the amounts specified in paragraph (b). In any action
   68  or proceeding under this subsection, the court, in its
   69  discretion, may allow the prevailing party a reasonable
   70  attorney’s fee as part of the costs. It is the intent of the
   71  Legislature that this provision for attorney attorney’s fees be
   72  interpreted in a manner consistent with federal case law
   73  involving a Title VII action. The right to trial by jury is
   74  preserved in any such private right of action in which the
   75  aggrieved person is seeking compensatory or punitive damages,
   76  and any party may demand a trial by jury. The commission’s
   77  determination of reasonable cause is not admissible into
   78  evidence in any civil proceeding, including any hearing or
   79  trial, except to establish for the court the right to maintain
   80  the private right of action. A civil action brought under this
   81  section shall be commenced no later than 90 days 1 year after
   82  the date of determination of reasonable cause by the commission
   83  or, if the commission does not make a determination of
   84  reasonable cause within 270 days after the filing of a
   85  complaint, no later than 90 days after the expiration of the
   86  investigatory period under subsection (3). The commencement of
   87  such action shall divest the commission of jurisdiction of the
   88  complaint, except that the commission may intervene in the civil
   89  action as a matter of right. Notwithstanding the above, the
   90  state and its agencies and subdivisions shall not be liable for
   91  punitive damages. The total amount of recovery against the state
   92  and its agencies and subdivisions shall not exceed the
   93  limitation as set forth in s. 768.28(5).
   94         (b) The judgment for the total amount of punitive and
   95  compensatory damages awarded under this section to an aggrieved
   96  person in an action regarding employment may not exceed:
   97         1. For an employer with at least 15 but not more than 100
   98  full-time employees, $50,000.
   99         2. For an employer with at least 101 but not more than 200
  100  full-time employees, $100,000.
  101         3. For an employer with at least 201 but not more than 500
  102  full-time employees, $200,000.
  103         4. For an employer with more than 500 full-time employees,
  104  $300,000.
  105         (7) If the commission determines that there is not
  106  reasonable cause to believe that a violation of the Florida
  107  Civil Rights Act of 1992 has occurred, the commission shall
  108  dismiss the complaint. The aggrieved person may request an
  109  administrative hearing under ss. 120.569 and 120.57, but any
  110  such request must be made within 35 days of the date of
  111  determination of reasonable cause and any such hearing shall be
  112  heard by an administrative law judge and not by the commission
  113  or a commissioner. If the aggrieved person does not request an
  114  administrative hearing within the 35 days, the claim will be
  115  barred. If the administrative law judge finds that a violation
  116  of the Florida Civil Rights Act of 1992 has occurred, he or she
  117  shall issue an appropriate recommended order to the commission
  118  prohibiting the practice and recommending affirmative relief
  119  from the effects of the practice, including back pay. Within 90
  120  days of the date the recommended order is rendered, the
  121  commission shall issue a final order by adopting, rejecting, or
  122  modifying the recommended order as provided under ss. 120.569
  123  and 120.57. The 90-day period may be extended with the consent
  124  of all the parties. In any action or proceeding under this
  125  subsection, the commission, in its discretion, may allow the
  126  prevailing party a reasonable attorney’s fee as part of the
  127  costs. It is the intent of the Legislature that this provision
  128  for attorney’s fees be interpreted in a manner consistent with
  129  federal case law involving a Title VII action. In the event the
  130  final order issued by the commission determines that a violation
  131  of the Florida Civil Rights Act of 1992 has occurred, the
  132  aggrieved person may bring, within 90 days after 1 year of the
  133  date of the final order, a civil action under subsection (5) as
  134  if there has been a reasonable cause determination or accept the
  135  affirmative relief offered by the commission, but not both.
  136         (8) In the event that the commission fails to conciliate or
  137  determine whether there is reasonable cause on any complaint
  138  under this section within 270 180 days after of the filing of
  139  the complaint, an aggrieved person may proceed under subsection
  140  (4), as if the commission determined that there was reasonable
  141  cause.
  142         (13) Final orders of the commission are subject to judicial
  143  review pursuant to s. 120.68. The commission’s determination of
  144  reasonable cause is not final agency action that is subject to
  145  judicial review. Unless specifically ordered by the court, the
  146  commencement of an appeal does not suspend or stay the order of
  147  the commission, except as provided in the Rules of Appellate
  148  Procedure. In any action or proceeding under this subsection,
  149  the court, in its discretion, may allow the prevailing party a
  150  reasonable attorney’s fee as part of the cost. It is the intent
  151  of the Legislature that this provision for attorney’s fees be
  152  interpreted in a manner consistent with federal case law
  153  involving a Title VII action. In the event the order of the
  154  court determines that a violation of the Florida Civil Rights
  155  Act of 1992 has occurred, the court shall remand the matter to
  156  the commission for appropriate relief. The aggrieved party has
  157  the option to accept the relief offered by the commission or may
  158  bring, within 90 days after 1 year of the date of the court
  159  order, a civil action under subsection (5) as if there has been
  160  a reasonable cause determination.
  161  
  162  ================= T I T L E  A M E N D M E N T ================
  163  And the title is amended as follows:
  164         Delete lines 23 - 27
  165  and insert:
  166         pregnancy; amending s. 760.11, F.S.; extending the
  167         time for the commission to investigate a complaint and
  168         determine if a discriminatory practice has occurred
  169         under the Florida Civil Rights Act; revising the
  170         required commencement dates of certain civil actions
  171         brought under the act; revising the amount of punitive
  172         and compensatory damages recoverable by an aggrieved
  173         person against his or her employer for violations of
  174         the act; providing an effective date.