Florida 2023 Regular Session

Florida House Bill H0315 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 315 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0315-00
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to civil remedies for unlawful 2
16	16	employment practices; amending s. 760.11, F.S.; 3
17	17	providing limits on a judgment for punitive and 4
18	18	compensatory damages for certain claims; authorizing 5
19	19	an aggrieved party to bring a civil action for certain 6
20	20	claims within a specified timeframe regardless of the 7
21	21	determination made by the Commission on Human 8
22	22	Relations; making technical changes; providing an 9
23	23	effective date. 10
24	24	11
25	25	Be It Enacted by the Legislature of the State of Florida: 12
26	26	13
27	27	Section 1. Subsections (5) and (7) of section 760.11, 14
28	28	Florida Statutes, are amended to read: 15
29	29	760.11 Administrative and civil remedies; construction. — 16
30	30	(5)(a) In any civil action br ought under this section, the 17
31	31	court may issue an order prohibiting the discriminatory practice 18
32	32	and providing affirmative relief from the effects of the 19
33	33	practice, including back pay. The court may also award 20
34	34	compensatory damages, including, but not limited to, damages for 21
35	35	mental anguish, loss of dignity, and any other intangible 22
36	36	injuries, and punitive damages. 23
37	37	(b) Sections The provisions of ss. 768.72 and 768.73 do 24
38	38	not apply to this section. 25
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40	40	HB 315 2023
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44	44	CODING: Words stricken are deletions; words underlined are additions.
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47	47	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
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51	51	1. The judgment for the total amount of punitive damages 26
52	52	awarded under this section to an aggrieved person may shall not 27
53	53	exceed $100,000. However, in a civil action brought under this 28
54	54	section alleging a violation of s. 760.10(8)(a)1. -5., the 29
55	55	judgment for the total amount of punitive damages awarded to the 30
56	56	aggrieved person must be at least $50,000 but may not exceed $1 31
57	57	million. 32
58	58	2. The state and its agencies and subdivisions may not be 33
59	59	liable for punitive damages. 34
60	60	(c) In a civil action brought under this section alleging 35
61	61	a violation of s. 760.10(8)(a)1. -5., the judgment for the total 36
62	62	amount of compensatory damages awarded to the aggrieved person 37
63	63	for mental anguish and loss of dignity must be the amount of the 38
64	64	aggrieved person's actual damages or three times the amount of 39
65	65	his or her highest annual salary, whichever is greater. 40
66	66	(d) The total amount of recovery against the state and its 41
67	67	agencies and subdivisions may not exceed the limitation as set 42
68	68	forth in s. 768.28(5). 43
69	69	(e) In any action or proceeding under this section 44
70	70	subsection, the court, in its discretion, may a llow the 45
71	71	prevailing party a reasonable attorney fees attorney's fee as 46
72	72	part of the costs. It is the intent of the Legislature that this 47
73	73	provision for attorney attorney's fees be interpreted in a 48
74	74	manner consistent with federal case law involving a Title VII 49
75	75	action. 50
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77	77	HB 315 2023
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	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
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88	88	(f) The right to trial by jury is preserved in any such 51
89	89	private right of action in which the aggrieved person is seeking 52
90	90	compensatory or punitive damages, and any party may demand a 53
91	91	trial by jury. The commission's determination of reasonable 54
92	92	cause is not admissible into evidence in any civil proceeding, 55
93	93	including any hearing or trial, except to establish for the 56
94	94	court the right to maintain the private right of action. A civil 57
95	95	action brought under this section must shall be commenced no 58
96	96	later than 1 year after the date of determination of reasonable 59
97	97	cause by the commission. The commencement of such action divests 60
98	98	shall divest the commission of jurisdiction of the complaint, 61
99	99	except that the commission may intervene in the civil action as 62
100	100	a matter of right. Notwithstanding the above, the state and its 63
101	101	agencies and subdivisions shall not be liable for punitive 64
102	102	damages. The total amount of recovery against the state and its 65
103	103	agencies and subdivisions shall not exceed the limitation as set 66
104	104	forth in s. 768.28(5). 67
105	105	(7)(a) If the commission determines that there is not 68
106	106	reasonable cause to believe that a violation of the Florida 69
107	107	Civil Rights Act of 1992 has occurred, the commission must shall 70
108	108	dismiss the complaint , except as provided in paragraph (d) . 71
109	109	(b) The aggrieved person may request an administrative 72
110	110	hearing under ss. 120.569 and 120.57, but any such request must 73
111	111	be made within 35 days after of the date of determination of 74
112	112	reasonable cause by the commission. An administrative and any 75
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118	118	CODING: Words stricken are deletions; words underlined are additions.
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121	121	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
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125	125	such hearing must shall be heard by an administrative law judge 76
126	126	and may not be heard by the commission or a commissioner. If the 77
127	127	aggrieved person does not request an administrative hearing 78
128	128	within the 35 days, the claim is will be barred. If the 79
129	129	administrative law judge finds that a violation of the Florida 80
130	130	Civil Rights Act of 1992 has occurred, he or she shall issue an 81
131	131	appropriate recommended order to the commission prohibiting the 82
132	132	practice and recommending affirmative relief from the effects of 83
133	133	the practice, including back p ay. Within 90 days after of the 84
134	134	date the recommended order is rendered, the commission shall 85
135	135	issue a final order by adopting, rejecting, or modifying the 86
136	136	recommended order as provided under ss. 120.569 and 120.57. The 87
137	137	90-day period may be extended with the consent of all the 88
138	138	parties. In any action or proceeding under this subsection, the 89
139	139	commission, in its discretion, may allow the prevailing party a 90
140	140	reasonable attorney's fee as part of the costs. It is the intent 91
141	141	of the Legislature that this provision for attorney's fees be 92
142	142	interpreted in a manner consistent with federal case law 93
143	143	involving a Title VII action. 94
144	144	(c) If In the event the final order issued by the 95
145	145	commission determines that a violation of the Florida Civil 96
146	146	Rights Act of 1992 has occurred, the aggrieved person may bring, 97
147	147	within 1 year after of the date of the final order, a civil 98
148	148	action under subsection (5) as if there has been a reasonable 99
149	149	cause determination or accept the affirmative relief offered by 100
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155	155	CODING: Words stricken are deletions; words underlined are additions.
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158	158	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
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162	162	the commission, but not both. 101
163	163	(d) An aggrieved person who claims a violation of s. 102
164	164	760.10(8)(a)1.-5. may bring a civil action under subsection (5) 103
165	165	within 1 year after the date the aggrieved person receives 104
166	166	notice of the commission's decision on reasonable cause, 105
167	167	regardless of the commission's determination. 106
168	168	Section 2. This act shall take effect July 1, 2023. 107