Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 774
Barcode 951756
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/18/2013 .
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The Committee on Commerce and Tourism (Thompson) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 60 - 136
4 and insert:
5 (6) Any administrative hearing brought pursuant to
6 paragraph (4)(b) shall be conducted under ss. 120.569 and
7 120.57. The commission may hear the case provided that the final
8 order is issued by members of the commission who did not conduct
9 the hearing or the commission may request that it be heard by an
10 administrative law judge pursuant to s. 120.569(2)(a). If the
11 commission elects to hear the case, it may be heard by a
12 commissioner. If the commissioner, after the hearing, finds that
13 a violation of the Florida Civil Rights Act of 1992 has
14 occurred, the commissioner shall issue an appropriate proposed
15 order in accordance with chapter 120 prohibiting the
16 discriminatory practice and providing affirmative relief from
17 the effects of the practice, including back pay. If the
18 administrative law judge, after the hearing, finds that a
19 violation of the Florida Civil Rights Act of 1992 has occurred,
20 the administrative law judge shall issue an appropriate
21 recommended order in accordance with chapter 120 prohibiting the
22 discriminatory practice and providing affirmative relief from
23 the effects of the practice, including back pay. Within 90 days
24 after of the date the recommended or proposed order is rendered,
25 the commission shall issue a final order by adopting, rejecting,
26 or modifying the recommended order as provided under ss. 120.569
27 and 120.57. The 90-day period may be extended with the consent
28 of all the parties. An administrative hearing pursuant to
29 paragraph (4)(b) may must be requested no later than 35 days
30 after the date of determination of reasonable cause by the
31 commission. In any action or proceeding under this subsection,
32 the commission, in its discretion, may allow the prevailing
33 party a reasonable attorney attorney’s fee as part of the costs.
34 Attorney It is the intent of the Legislature that this provision
35 for attorney’s fees must be calculated interpreted in a manner
36 consistent with federal case law involving a Title VII action.
37 (7) If the commission determines that there is not
38 reasonable cause to believe that a violation of the Florida
39 Civil Rights Act of 1992 has occurred, the commission shall
40 dismiss the complaint. The aggrieved person may request an
41 administrative hearing under ss. 120.569 and 120.57, but any
42 such request must be made within 35 days after of the date of
43 determination of reasonable cause and any such hearing shall be
44 heard by an administrative law judge and not by the commission
45 or a commissioner. If the aggrieved person does not request an
46 administrative hearing within the 35 days, the claim will be
47 barred. If the administrative law judge finds that a violation
48 of the Florida Civil Rights Act of 1992 has occurred, he or she
49 shall issue an appropriate recommended order to the commission
50 prohibiting the discriminatory practice and recommending
51 affirmative relief from the effects of the practice, including
52 back pay. Within 90 days after of the date the recommended order
53 is rendered, the commission shall issue a final order by
54 adopting, rejecting, or modifying the recommended order as
55 provided under ss. 120.569 and 120.57. The 90-day period may be
56 extended with the consent of all the parties. In any action or
57 proceeding under this subsection, the commission, in its
58 discretion, may allow the prevailing party a reasonable attorney
59 attorney’s fee as part of the costs. Attorney It is the intent
60 of the Legislature that this provision for attorney’s fees must
61 be calculated interpreted in a manner consistent with federal
62 case law involving a Title VII action. In the event the final
63 order issued by the commission determines that a violation of
64 the Florida Civil Rights Act of 1992 has occurred, the aggrieved
65 person may bring, within 1 year after of the date of the final
66 order, a civil action under subsection (5) as if there has been
67 a reasonable cause determination or accept the affirmative
68 relief offered by the commission, but not both.
69 ================= T I T L E A M E N D M E N T ================
70 And the title is amended as follows:
71 Delete lines 18 - 21
72 and insert:
73 providing that attorney fees be calculated