Senate Bill sb1214c1

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    Florida Senate - 2003                           CS for SB 1214

    By the Committee on Appropriations; and Senators Villalobos,
    Miller, Campbell, Argenziano, Fasano, Bullard, Margolis,
    Aronberg, Atwater, Peaden, Lawson, Siplin, Smith, Diaz de la
    Portilla, Constantine and Hill


    309-2443-03

  1                      A bill to be entitled

  2         An act relating to the Florida Civil Rights Act

  3         of 1992; creating s. 760.021, F.S.; authorizing

  4         the Attorney General to commence a civil action

  5         against a person or group perpetuating

  6         discriminatory practices; providing for

  7         damages, injunctive relief, and civil

  8         penalties; providing for attorney's fees and

  9         costs; providing for a deposit of civil

10         penalties into General Revenue Fund; amending

11         s. 16.57, F.S.; authorizing the Attorney

12         General to investigate violations under the

13         Florida Civil Rights Act of 1992; conforming

14         statutory cross-references to the Attorney

15         General's authority to investigate and initiate

16         actions for discriminatory practices in

17         violation of civil rights; amending ss.

18         110.105, 110.233, 112.042, and 760.10, F.S.;

19         revising provisions relating to state

20         employment policy, career service appointments,

21         and county and municipal employment practices,

22         to provide that discrimination on the basis of

23         sex includes discrimination on the basis of

24         pregnancy, childbirth, or related medical

25         conditions; reenacting ss. 104.31(3) and

26         760.11(15), F.S., to incorporate amendments to

27         ss. 110.233 and 760.10, F.S., in references

28         thereto; providing effective dates.

29  

30  Be It Enacted by the Legislature of the State of Florida:

31  

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    Florida Senate - 2003                           CS for SB 1214
    309-2443-03




 1         Section 1.  Section 760.021, Florida Statutes, is

 2  created to read:

 3         760.021  Enforcement.--If the Attorney General has

 4  reasonable cause to believe that any person or group:

 5         (1)  Has engaged in a pattern or practice of

 6  discrimination as defined by state law; or

 7         (2)  Has been discriminated against as defined by state

 8  law and such discrimination raises an issue of general public

 9  importance,

10  

11  the Attorney General may commence a civil action for damages,

12  injunctive relief, civil penalties not to exceed $10,000 per

13  violation, or any other relief that may be appropriate under

14  law. Any damages recovered under this section shall accrue to

15  the injured party. The Attorney General is entitled to an

16  award of reasonable attorney's fees and costs if the

17  Department of Legal Affairs prevails in an action brought

18  under this section. Civil penalties collected under this

19  section accrue to the state and are to be deposited as

20  received into the General Revenue Fund unallocated.

21         Section 2.  Section 16.57, Florida Statutes, is amended

22  to read:

23         16.57  Office of Civil Rights.--There is created in the

24  Department of Legal Affairs an Office of Civil Rights.  The

25  office may investigate and initiate actions authorized by ss.

26  760.021, s. 760.51, and 760.60.  In investigating violations

27  of constitutional and statutory rights under these sections s.

28  760.51, the Attorney General may administer oaths and

29  affirmations, subpoena witnesses or matter, and collect

30  evidence.

31  

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    Florida Senate - 2003                           CS for SB 1214
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 1         Section 3.  Effective July 1, 2003, subsection (2) of

 2  section 110.105, Florida Statutes, is amended to read:

 3         110.105  Employment policy of the state.--

 4         (2)(a)  All appointments, terminations, assignments and

 5  maintenance of status, compensation, privileges, and other

 6  terms and conditions of employment in state government shall

 7  be made without regard to age, sex, race, religion, national

 8  origin, political affiliation, marital status, or handicap,

 9  except when a specific sex, age, or physical requirement

10  constitutes a bona fide occupational qualification necessary

11  to proper and efficient administration.

12         (b)  For purposes of this subsection, the phrase

13  "without regard to sex" includes, but is not limited to,

14  without regard to pregnancy, childbirth, or related medical

15  conditions. Women affected by pregnancy, childbirth, or

16  related medical conditions shall be treated the same for all

17  employment-related purposes, including receipt of benefits

18  under fringe benefits programs, as other persons not so

19  affected but similar in their ability or inability to work,

20  and the employment policy of the state may not be interpreted

21  to permit otherwise.

22         Section 4.  Effective July 1, 2003, subsection (1) of

23  section 110.233, Florida Statutes, is amended to read:

24         110.233  Political activities and unlawful acts

25  prohibited.--

26         (1)(a)  No person shall be appointed to, demoted, or

27  dismissed from any position in the career service, or in any

28  way favored or discriminated against with respect to

29  employment in the career service, because of race, color,

30  national origin, sex, handicap, religious creed, or political

31  opinion or affiliation.

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    Florida Senate - 2003                           CS for SB 1214
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 1         (b)  As used in this subsection, the phrase "because of

 2  sex" includes, but is not limited to, because of pregnancy,

 3  childbirth, or related medical conditions. Women affected by

 4  pregnancy, childbirth, or related medical conditions shall be

 5  treated the same with respect to employment in the career

 6  service, including receipt of benefits under fringe benefits

 7  programs, as other persons not so affected but similar in

 8  their ability or inability to work, and rules or practices of

 9  the career service system of the state may not be interpreted

10  to permit otherwise.

11         Section 5.  Effective July 1, 2003, subsection (1) of

12  section 112.042, Florida Statutes, is amended to read:

13         112.042  Discrimination in county and municipal

14  employment; relief.--

15         (1)(a)  It is against the public policy of this state

16  for the governing body of any county or municipal agency,

17  board, commission, department, or office, solely because of

18  the race, color, national origin, sex, handicap, or religious

19  creed of any individual, to refuse to hire or employ, to bar,

20  or to discharge from employment such individuals or to

21  otherwise discriminate against such individuals with respect

22  to compensation, hire, tenure, terms, conditions, or

23  privileges of employment, if the individual is the most

24  competent and able to perform the services required. 

25         (b)  As used in this subsection, the phrase "because of

26  sex" includes, but it not limited to, because of pregnancy,

27  childbirth, or related medical conditions. Women affected by

28  pregnancy, childbirth, or related medical conditions shall be

29  treated the same for all employment-related purposes,

30  including receipt of benefits under fringe benefits programs,

31  as other persons not so affected but similar in their ability

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    Florida Senate - 2003                           CS for SB 1214
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 1  or inability to work, and this paragraph may not be

 2  interpreted to permit otherwise.

 3         Section 6.  Effective July 1, 2003, present subsection

 4  (10) of section 760.10, Florida Statutes is redesignated as

 5  subsection (11), and a new subsection (10) is added to that

 6  section, to read:

 7         760.10  Unlawful employment practices.--

 8         (10)  As used in this section, the terms "because of

 9  sex" and "on the basis of sex" include, but are not limited

10  to, because or on the basis of pregnancy, childbirth, or

11  related medical conditions. Women affected by pregnancy,

12  childbirth, or related medical conditions shall be treated the

13  same for all employment-related purposes, including receipt of

14  benefits under fringe benefits programs, as other persons not

15  so affected but similar in their ability or inability to work,

16  and this section may not be interpreted to permit otherwise.

17         Section 7.  Effective July 1, 2003, for purposes of

18  incorporating the amendments made by this act to section

19  110.233, Florida Statutes, in a reference thereto, subsection

20  (3) of section 104.31, Florida Statutes, is reenacted to read:

21         104.31  Political activities of state, county, and

22  municipal officers and employees.--

23         (3)  Nothing contained in this section or in any county

24  or municipal charter shall be deemed to prohibit any public

25  employee from expressing his or her opinions on any candidate

26  or issue or from participating in any political campaign

27  during the employee's off-duty hours, so long as such

28  activities are not in conflict with the provisions of

29  subsection (1) or s. 110.233.

30         Section 8.  Effective July 1, 2003, for purposes of

31  incorporating the amendments made by this act to section

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    Florida Senate - 2003                           CS for SB 1214
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 1  760.10, Florida Statutes, in a reference thereto, subsection

 2  (15) of section 760.11, Florida Statutes, is reenacted to

 3  read:

 4         760.11  Administrative and civil remedies;

 5  construction.--

 6         (15)  In any civil action or administrative proceeding

 7  brought pursuant to this section, a finding that a person

 8  employed by the state or any governmental entity or agency has

 9  violated s. 760.10 shall as a matter of law constitute just or

10  substantial cause for such person's discharge.

11         Section 9.  Except as otherwise expressly provided in

12  this act, this act shall take effect upon becoming a law.

13  

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 1214

16                                 

17  The Committee Substitute adds provisions related to
    discrimination on the basis of sex to include pregnancy and
18  childbirth.

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