Florida Senate - 2023 SB 738 By Senator Brodeur 10-00888-23 2023738__ 1 A bill to be entitled 2 An act relating to civil remedies for unlawful 3 employment practices; amending s. 760.11, F.S.; 4 providing limits on a judgment for punitive and 5 compensatory damages for certain claims; authorizing 6 an aggrieved party to bring a civil action for certain 7 claims within a specified timeframe, regardless of the 8 determination made by the Florida Commission on Human 9 Relations; making technical changes; providing an 10 effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1.Subsections (5) and (7) of section 760.11, 15 Florida Statutes, are amended to read: 16 760.11Administrative and civil remedies; construction. 17 (5)(a)In any civil action brought under this section, the 18 court may issue an order prohibiting the discriminatory practice 19 and providing affirmative relief from the effects of the 20 practice, including back pay. The court may also award 21 compensatory damages, including, but not limited to, damages for 22 mental anguish, loss of dignity, and any other intangible 23 injuries, and punitive damages. 24 (b)Sections The provisions of ss. 768.72 and 768.73 do not 25 apply to this section. 26 1.The judgment for the total amount of punitive damages 27 awarded under this section to an aggrieved person may shall not 28 exceed $100,000. However, in a civil action brought under this 29 section alleging a violation of s. 760.10(8)(a)1.-5., the 30 judgment for the total amount of punitive damages awarded to the 31 aggrieved person must be at least $50,000 but may not exceed $1 32 million. 33 2.The state and its agencies and subdivisions may not be 34 liable for punitive damages. 35 (c)In a civil action brought under this section alleging a 36 violation of s. 760.10(8)(a)1.-5., the judgment for the total 37 amount of compensatory damages awarded to the aggrieved person 38 for mental anguish and loss of dignity must be the amount of the 39 aggrieved persons actual damages or three times the amount of 40 his or her highest annual salary, whichever is greater. 41 (d)The total amount of recovery against the state and its 42 agencies and subdivisions may not exceed the limitation as set 43 forth in s. 768.28(5). 44 (e)In any action or proceeding under this section 45 subsection, the court, in its discretion, may allow the 46 prevailing party a reasonable attorney fees attorneys fee as 47 part of the costs. It is the intent of the Legislature that this 48 provision for attorney attorneys fees be interpreted in a 49 manner consistent with federal case law involving a Title VII 50 action. 51 (f)The right to trial by jury is preserved in any such 52 private right of action in which the aggrieved person is seeking 53 compensatory or punitive damages, and any party may demand a 54 trial by jury. The commissions determination of reasonable 55 cause is not admissible into evidence in any civil proceeding, 56 including any hearing or trial, except to establish for the 57 court the right to maintain the private right of action. A civil 58 action brought under this section must shall be commenced no 59 later than 1 year after the date of determination of reasonable 60 cause by the commission. The commencement of such action divests 61 shall divest the commission of jurisdiction of the complaint, 62 except that the commission may intervene in the civil action as 63 a matter of right. Notwithstanding the above, the state and its 64 agencies and subdivisions shall not be liable for punitive 65 damages. The total amount of recovery against the state and its 66 agencies and subdivisions shall not exceed the limitation as set 67 forth in s. 768.28(5). 68 (7)(a)If the commission determines that there is not 69 reasonable cause to believe that a violation of the Florida 70 Civil Rights Act of 1992 has occurred, the commission must shall 71 dismiss the complaint, except as provided in paragraph (d). 72 (b)The aggrieved person may request an administrative 73 hearing under ss. 120.569 and 120.57, but any such request must 74 be made within 35 days after of the date of determination of 75 reasonable cause by the commission. An administrative and any 76 such hearing must shall be heard by an administrative law judge 77 and may not be heard by the commission or a commissioner. If the 78 aggrieved person does not request an administrative hearing 79 within the 35 days, the claim is will be barred. If the 80 administrative law judge finds that a violation of the Florida 81 Civil Rights Act of 1992 has occurred, he or she shall issue an 82 appropriate recommended order to the commission prohibiting the 83 practice and recommending affirmative relief from the effects of 84 the practice, including back pay. Within 90 days after of the 85 date the recommended order is rendered, the commission shall 86 issue a final order by adopting, rejecting, or modifying the 87 recommended order as provided under ss. 120.569 and 120.57. The 88 90-day period may be extended with the consent of all the 89 parties. In any action or proceeding under this subsection, the 90 commission, in its discretion, may allow the prevailing party a 91 reasonable attorneys fee as part of the costs. It is the intent 92 of the Legislature that this provision for attorneys fees be 93 interpreted in a manner consistent with federal case law 94 involving a Title VII action. 95 (c)If In the event the final order issued by the 96 commission determines that a violation of the Florida Civil 97 Rights Act of 1992 has occurred, the aggrieved person may bring, 98 within 1 year after of the date of the final order, a civil 99 action under subsection (5) as if there has been a reasonable 100 cause determination or accept the affirmative relief offered by 101 the commission, but not both. 102 (d)An aggrieved person who claims a violation of s. 103 760.10(8)(a)1.-5. may bring a civil action under this section 104 within 1 year after the date the aggrieved person receives 105 notice of the commissions decision on reasonable cause, 106 regardless of the commissions determination. 107 Section 2.This act shall take effect July 1, 2023.