HB 315 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0315-00
Page 1 of 5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to civil remedies for unlawful 2
employment practices; amending s. 760.11, F.S.; 3
providing limits on a judgment for punitive and 4
compensatory damages for certain claims; authorizing 5
an aggrieved party to bring a civil action for certain 6
claims within a specified timeframe regardless of the 7
determination made by the Commission on Human 8
Relations; making technical changes; providing an 9
effective date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
13
Section 1. Subsections (5) and (7) of section 760.11, 14
Florida Statutes, are amended to read: 15
760.11 Administrative and civil remedies; construction. — 16
(5)(a) In any civil action br ought under this section, the 17
court may issue an order prohibiting the discriminatory practice 18
and providing affirmative relief from the effects of the 19
practice, including back pay. The court may also award 20
compensatory damages, including, but not limited to, damages for 21
mental anguish, loss of dignity, and any other intangible 22
injuries, and punitive damages. 23
(b) Sections The provisions of ss. 768.72 and 768.73 do 24
not apply to this section. 25
HB 315 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0315-00
Page 2 of 5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. The judgment for the total amount of punitive damages 26
awarded under this section to an aggrieved person may shall not 27
exceed $100,000. However, in a civil action brought under this 28
section alleging a violation of s. 760.10(8)(a)1. -5., the 29
judgment for the total amount of punitive damages awarded to the 30
aggrieved person must be at least $50,000 but may not exceed $1 31
million. 32
2. The state and its agencies and subdivisions may not be 33
liable for punitive damages. 34
(c) In a civil action brought under this section alleging 35
a violation of s. 760.10(8)(a)1. -5., the judgment for the total 36
amount of compensatory damages awarded to the aggrieved person 37
for mental anguish and loss of dignity must be the amount of the 38
aggrieved person's actual damages or three times the amount of 39
his or her highest annual salary, whichever is greater. 40
(d) The total amount of recovery against the state and its 41
agencies and subdivisions may not exceed the limitation as set 42
forth in s. 768.28(5). 43
(e) In any action or proceeding under this section 44
subsection, the court, in its discretion, may a llow the 45
prevailing party a reasonable attorney fees attorney's fee as 46
part of the costs. It is the intent of the Legislature that this 47
provision for attorney attorney's fees be interpreted in a 48
manner consistent with federal case law involving a Title VII 49
action. 50
HB 315 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0315-00
Page 3 of 5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(f) The right to trial by jury is preserved in any such 51
private right of action in which the aggrieved person is seeking 52
compensatory or punitive damages, and any party may demand a 53
trial by jury. The commission's determination of reasonable 54
cause is not admissible into evidence in any civil proceeding, 55
including any hearing or trial, except to establish for the 56
court the right to maintain the private right of action. A civil 57
action brought under this section must shall be commenced no 58
later than 1 year after the date of determination of reasonable 59
cause by the commission. The commencement of such action divests 60
shall divest the commission of jurisdiction of the complaint, 61
except that the commission may intervene in the civil action as 62
a matter of right. Notwithstanding the above, the state and its 63
agencies and subdivisions shall not be liable for punitive 64
damages. The total amount of recovery against the state and its 65
agencies and subdivisions shall not exceed the limitation as set 66
forth in s. 768.28(5). 67
(7)(a) If the commission determines that there is not 68
reasonable cause to believe that a violation of the Florida 69
Civil Rights Act of 1992 has occurred, the commission must shall 70
dismiss the complaint , except as provided in paragraph (d) . 71
(b) The aggrieved person may request an administrative 72
hearing under ss. 120.569 and 120.57, but any such request must 73
be made within 35 days after of the date of determination of 74
reasonable cause by the commission. An administrative and any 75
HB 315 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0315-00
Page 4 of 5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
such hearing must shall be heard by an administrative law judge 76
and may not be heard by the commission or a commissioner. If the 77
aggrieved person does not request an administrative hearing 78
within the 35 days, the claim is will be barred. If the 79
administrative law judge finds that a violation of the Florida 80
Civil Rights Act of 1992 has occurred, he or she shall issue an 81
appropriate recommended order to the commission prohibiting the 82
practice and recommending affirmative relief from the effects of 83
the practice, including back p ay. Within 90 days after of the 84
date the recommended order is rendered, the commission shall 85
issue a final order by adopting, rejecting, or modifying the 86
recommended order as provided under ss. 120.569 and 120.57. The 87
90-day period may be extended with the consent of all the 88
parties. In any action or proceeding under this subsection, the 89
commission, in its discretion, may allow the prevailing party a 90
reasonable attorney's fee as part of the costs. It is the intent 91
of the Legislature that this provision for attorney's fees be 92
interpreted in a manner consistent with federal case law 93
involving a Title VII action. 94
(c) If In the event the final order issued by the 95
commission determines that a violation of the Florida Civil 96
Rights Act of 1992 has occurred, the aggrieved person may bring, 97
within 1 year after of the date of the final order, a civil 98
action under subsection (5) as if there has been a reasonable 99
cause determination or accept the affirmative relief offered by 100
HB 315 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0315-00
Page 5 of 5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the commission, but not both. 101
(d) An aggrieved person who claims a violation of s. 102
760.10(8)(a)1.-5. may bring a civil action under subsection (5) 103
within 1 year after the date the aggrieved person receives 104
notice of the commission's decision on reasonable cause, 105
regardless of the commission's determination. 106
Section 2. This act shall take effect July 1, 2023. 107