The 2023 Florida Statutes (including Special Session C)

Title XLIV
CIVIL RIGHTS

Chapter 760
DISCRIMINATION IN THE TREATMENT OF PERSONS; MINORITY REPRESENTATION

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F.S. 760.11

760.11 Administrative and civil remedies; construction.—

(1) Any person aggrieved by a violation of ss. 760.01-760.10 may file a complaint with the commission within 365 days of the alleged violation, naming the employer, employment agency, labor organization, or joint labor-management committee, or, in the case of an alleged violation of s. 760.10(5), the person responsible for the violation and describing the violation. Any person aggrieved by a violation of s. 509.092 may file a complaint with the commission within 365 days of the alleged violation naming the person responsible for the violation and describing the violation. The commission, a commissioner, or the Attorney General may in like manner file such a complaint. On the same day the complaint is filed with the commission, the commission shall clearly stamp on the face of the complaint the date the complaint was filed with the commission. In lieu of filing the complaint with the commission, a complaint under this section may be filed with the federal Equal Employment Opportunity Commission or with any unit of government of the state which is a fair-employment-practice agency under 29 C.F.R. ss. 1601.70-1601.80. If the date the complaint is filed is clearly stamped on the face of the complaint, that date is the date of filing. The date the complaint is filed with the commission for purposes of this section is the earliest date of filing with the Equal Employment Opportunity Commission, the fair-employment-practice agency, or the commission. The complaint shall contain a short and plain statement of the facts describing the violation and the relief sought. The commission may require additional information to be in the complaint. The commission, within 5 days of the complaint being filed, shall by registered mail send a copy of the complaint to the person who allegedly committed the violation. The person who allegedly committed the violation may file an answer to the complaint within 25 days of the date the complaint was filed with the commission. Any answer filed shall be mailed to the aggrieved person by the person filing the answer. Both the complaint and the answer shall be verified.

(2) If any other agency of the state or of any other unit of government of the state has jurisdiction of the subject matter of any complaint filed with the commission and has legal authority to investigate the complaint, the commission may refer such complaint to such agency for an investigation. Referral of such a complaint by the commission does not constitute agency action within the meaning of s. 120.52. If the commission refers a complaint to another agency under this subsection, the commission shall accord substantial weight to any findings and conclusions of any such agency. The referral of a complaint by the commission to a local agency does not divest the commission’s jurisdiction over the complaint.

(3) Except as provided in subsection (2), the commission shall investigate the allegations in the complaint. Within 180 days of the filing of the complaint, the commission shall determine if there is reasonable cause to believe that discriminatory practice has occurred in violation of the Florida Civil Rights Act of 1992. When the commission determines whether or not there is reasonable cause, the commission by registered mail shall promptly notify the aggrieved person and the respondent of the reasonable cause determination, the date of such determination, and the options available under this section.

(4) If the commission determines that there is reasonable cause to believe that a discriminatory practice has occurred in violation of the Florida Civil Rights Act of 1992, the aggrieved person may either:

(a) Bring a civil action against the person named in the complaint in any court of competent jurisdiction; or

(b) Request an administrative hearing under ss. 120.569 and 120.57.

The election by the aggrieved person of filing a civil action or requesting an administrative hearing under this subsection is the exclusive procedure available to the aggrieved person under this act.

(5) In any civil action brought under this section, the court may issue an order prohibiting the discriminatory practice and providing affirmative relief from the effects of the practice, including back pay. The court may also award compensatory damages, including, but not limited to, damages for mental anguish, loss of dignity, and any other intangible injuries, and punitive damages. The provisions of ss. 768.72 and 768.73 do not apply to this section. The judgment for the total amount of punitive damages awarded under this section to an aggrieved person shall not exceed $100,000. In any action or proceeding under this subsection, the court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs. It is the intent of the Legislature that this provision for attorney’s fees be interpreted in a manner consistent with federal case law involving a Title VII action. The right to trial by jury is preserved in any such private right of action in which the aggrieved person is seeking compensatory or punitive damages, and any party may demand a trial by jury. The commission’s determination of reasonable cause is not admissible into evidence in any civil proceeding, including any hearing or trial, except to establish for the court the right to maintain the private right of action. A civil action brought under this section shall be commenced no later than 1 year after the date of determination of reasonable cause by the commission. The commencement of such action shall divest the commission of jurisdiction of the complaint, except that the commission may intervene in the civil action as a matter of right. Notwithstanding the above, the state and its agencies and subdivisions shall not be liable for punitive damages. The total amount of recovery against the state and its agencies and subdivisions shall not exceed the limitation as set forth in s. 768.28(5).

(6) Any administrative hearing brought pursuant to paragraph (4)(b) shall be conducted under ss. 120.569 and 120.57. The commission may hear the case provided that the final order is issued by members of the commission who did not conduct the hearing or the commission may request that it be heard by an administrative law judge pursuant to s. 120.569(2)(a). If the commission elects to hear the case, it may be heard by a commissioner. If the commissioner, after the hearing, finds that a violation of the Florida Civil Rights Act of 1992 has occurred, the commissioner shall issue an appropriate proposed order in accordance with chapter 120 prohibiting the practice and providing affirmative relief from the effects of the practice, including back pay. If the administrative law judge, after the hearing, finds that a violation of the Florida Civil Rights Act of 1992 has occurred, the administrative law judge shall issue an appropriate recommended order in accordance with chapter 120 prohibiting the practice and providing affirmative relief from the effects of the practice, including back pay. Within 90 days of the date the recommended or proposed order is rendered, the commission shall issue a final order by adopting, rejecting, or modifying the recommended order as provided under ss. 120.569 and 120.57. The 90-day period may be extended with the consent of all the parties. An administrative hearing pursuant to paragraph (4)(b) must be requested no later than 35 days after the date of determination of reasonable cause by the commission. In any action or proceeding under this subsection, the commission, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs. It is the intent of the Legislature that this provision for attorney’s fees be interpreted in a manner consistent with federal case law involving a Title VII action.

(7) If the commission determines that there is not reasonable cause to believe that a violation of the Florida Civil Rights Act of 1992 has occurred, the commission shall dismiss the complaint. The aggrieved person may request an administrative hearing under ss. 120.569 and 120.57, but any such request must be made within 35 days of the date of determination of reasonable cause and any such hearing shall be heard by an administrative law judge and not by the commission or a commissioner. If the aggrieved person does not request an administrative hearing within the 35 days, the claim will be barred. If the administrative law judge finds that a violation of the Florida Civil Rights Act of 1992 has occurred, he or she shall issue an appropriate recommended order to the commission prohibiting the practice and recommending affirmative relief from the effects of the practice, including back pay. Within 90 days of the date the recommended order is rendered, the commission shall issue a final order by adopting, rejecting, or modifying the recommended order as provided under ss. 120.569 and 120.57. The 90-day period may be extended with the consent of all the parties. In any action or proceeding under this subsection, the commission, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs. It is the intent of the Legislature that this provision for attorney’s fees be interpreted in a manner consistent with federal case law involving a Title VII action. In the event the final order issued by the commission determines that a violation of the Florida Civil Rights Act of 1992 has occurred, the aggrieved person may bring, within 1 year of the date of the final order, a civil action under subsection (5) as if there has been a reasonable cause determination or accept the affirmative relief offered by the commission, but not both.

(8) If the commission fails to conciliate or determine whether there is reasonable cause on any complaint under this section within 180 days after the filing of the complaint:

(a) An aggrieved person may proceed under subsection (4) as if the commission determined that there was reasonable cause.

(b) The commission shall promptly notify the aggrieved person of the failure to conciliate or determine whether there is reasonable cause. The notice shall provide the options available to the aggrieved person under subsection (4) and inform the aggrieved person that he or she must file a civil action within 1 year after the date the commission certifies that the notice was mailed.

(c) A civil action brought by an aggrieved person under this section must be commenced within 1 year after the date the commission certifies that the notice was mailed pursuant to paragraph (b).

(9) No liability for back pay shall accrue from a date more than 2 years prior to the filing of a complaint with the commission.

(10) A judgment for the amount of damages and costs assessed pursuant to a final order by the commission may be entered in any court having jurisdiction thereof and may be enforced as any other judgment.

(11) If a complaint is within the jurisdiction of the commission, the commission shall simultaneously with its other statutory obligations attempt to eliminate or correct the alleged discrimination by informal methods of conference, conciliation, and persuasion. Nothing said or done in the course of such informal endeavors may be made public or used as evidence in a subsequent civil proceeding, trial, or hearing. The commission may initiate dispute resolution procedures, including voluntary arbitration, by special magistrates or mediators. The commission may adopt rules as to the qualifications of persons who may serve as special magistrates and mediators.

(12) All complaints filed with the commission and all records and documents in the custody of the commission, which relate to and identify a particular person, including, but not limited to, a complainant, employer, employment agency, labor organization, or joint labor-management committee shall be confidential and shall not be disclosed by the commission, except to the parties or in the course of a hearing or proceeding under this section. The restriction of this subsection shall not apply to any record or document which is part of the record of any hearing or court proceeding.

(13) Final orders of the commission are subject to judicial review pursuant to s. 120.68. The commission’s determination of reasonable cause is not final agency action that is subject to judicial review. Unless specifically ordered by the court, the commencement of an appeal does not suspend or stay the order of the commission, except as provided in the Rules of Appellate Procedure. In any action or proceeding under this subsection, the court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the cost. It is the intent of the Legislature that this provision for attorney’s fees be interpreted in a manner consistent with federal case law involving a Title VII action. In the event the order of the court determines that a violation of the Florida Civil Rights Act of 1992 has occurred, the court shall remand the matter to the commission for appropriate relief. The aggrieved party has the option to accept the relief offered by the commission or may bring, within 1 year of the date of the court order, a civil action under subsection (5) as if there has been a reasonable cause determination.

(14) The commission may adopt, promulgate, amend, and rescind rules to effectuate the purposes and policies of this section and to govern the proceedings of the commission under this section.

(15) In any civil action or administrative proceeding brought pursuant to this section, a finding that a person employed by the state or any governmental entity or agency has violated s. 760.10 shall as a matter of law constitute just or substantial cause for such person’s discharge.

History.—s. 8, ch. 92-177; s. 3, ch. 92-282; s. 1, ch. 94-91; s. 417, ch. 96-406; s. 302, ch. 96-410; s. 1, ch. 2001-187; s. 97, ch. 2004-11; s. 7, ch. 2015-68; s. 3, ch. 2020-153.

F.S. 760.11 on Google Scholar

F.S. 760.11 on Casetext

Amendments to 760.11

Arrestable Offenses / Crimes under Fla. Stat. 760.11

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 760.11.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BENTLEY, v. MIAMI AIR INTERNATIONAL, INC., 377 F. Supp. 3d 1337 (S.D. Fla. 2019)

. . . . § 760.11 ("[A] complaint under this section may be filed with the federal Equal Employment Opportunity . . .

BUADE, v. TERRA GROUP, LLC,, 259 So. 3d 219 (Fla. App. Ct. 2018)

. . . See § 760.11, Fla. Stat. (2011) ; Sheridan v. . . .

ANDREU, v. HP INC., 272 F. Supp. 3d 1329 (S.D. Fla. 2017)

. . . . § 760.11(1). The Eleventh Circuit has already rejected this argument. In Hooker v. Sec’y U.S. . . .

STROBER, v. PAYLESS RENTAL CAR,, 701 F. App'x 911 (11th Cir. 2017)

. . . . §§ 760.03, 760.06, 760.08, 760.11. . . . .

Dr. A. HAMILTON, M. D. v. SHERIDAN HEALTHCORP, INC. a Dr. M. D. Dr. M. D., 700 F. App'x 883 (11th Cir. 2017)

. . . . § 760.11(5) (providing that the attorney’s fees provision should be interpreted in a manner consistent . . .

WEN LIU, v. UNIVERSITY OF MIAMI SCHOOL OF MEDICINE,, 693 F. App'x 793 (11th Cir. 2017)

. . . . § 760.11(1). . . . Stat. § 760.11(1); Thomas, 764 F.2d at 769-70. . . .

F. STEPHEN, v. H. LEE MOFFITT CANCER CENTER AND RESEARCH INSTITUTE LIFETIME CANCER SCREENING CENTER, INC., 259 F. Supp. 3d 1323 (M.D. Fla. 2017)

. . . . § 760.11. He must file a charge, see 42 U.S.C. § 2000e-5(e), Fla. . . . . § 760.11(1), which must “be in writing under oath or affirmation,” 42 U.S.C. § 2000e-5(b), nr the statutes . . . Stat. §§ 760.07, 760.11) (“Both Title VII and the FCRA require as a prerequisite to filing a lawsuit . . .

IN RE STANDARD JURY INSTRUCTIONS IN CIVIL CASES- REPORT NO., 214 So. 3d 552 (Fla. 2017)

. . . Section 417, Unlawful Discrimination, based upon the Florida Civil Rights Act (FCRA), sections 760.01-760.11 . . . F.S. 760.01-760.11. 417.1 INTRODUCTION Members of the jury, you have now heard and received all of the . . . F.S. 760.11(5). . . . F.S. 760.11(5). . . . F.S. 760.11(5). . . .

BELTWAY CAPITAL, LLC, v. NIGEL LUCOMBE a, 211 So. 3d 328 (Fla. Dist. Ct. App. 2017)

. . . , 581 (Fla. 2d DCA 2004) (holding that a challenge to the verification of a complaint under section 760.11 . . .

HOUSING OPPORTUNITIES PROJECT, v. SPV REALTY, LC,, 212 So. 3d 419 (Fla. Dist. Ct. App. 2016)

. . . contain much the same language and structure as their Florida Civil Rights Act counterpart, section 760.11 . . . Section 760.11 states in relevant part that “[a]ny person aggrieved by a violation ss. 760.01-760.10 . . . may file a complaint with the commission.” § 760.11 (emphasis added). . . . Section 760.11 further provides that following the 180th day after filing a complaint with the Florida . . . Noting that under section 760.11(1) the “may file a complaint” language has been interpreted to mean . . . the exhaustion requirement in the Florida Civil Rights Act, Part I of Chapter 760 (sections 760.01—760.11 . . . Sections 760.07 and 760.11(4) of the Florida Civil Rights Act, like their counterparts in the federal . . . Act, requiring the exhaustion of the administrative remedy before commencing a lawsuit under section 760.11 . . .

WINEBERGER, v. RACETRAC PETROLEUM, INC., 672 F. App'x 914 (11th Cir. 2016)

. . . . § 760.11(5). . . .

FULFORD. v. MIAMI- DADE COUNTY,, 219 F. Supp. 3d 1248 (S.D. Fla. 2016)

. . . . § 760.11). . . .

WILSON, v. DALE ERNHARDT JR. CHEVROLET,, 669 F. App'x 980 (11th Cir. 2016)

. . . . §§ 760.01-760.11. We affirm. . . .

HOCHBAUM, HOCHBAUM, v. PALM GARDEN OF WINTER HAVEN, LLC LLC LLC II, LLC LLC HC LLC a k a LLC, 201 So. 3d 218 (Fla. Dist. Ct. App. 2016)

. . . . § 2000e-5(k), and the Florida Civil Rights Act, § 760.11(5), Fla. Stat. (2000)). . . .

AVILA, v. CHILDERS, As, 212 F. Supp. 3d 1182 (N.D. Fla. 2016)

. . . . § 760.11 (2015); see also Ganpath v. . . . Stat. § 760.11. . . .

CITY OF DELRAY BEACH, v. DeSISTO,, 197 So. 3d 1206 (Fla. Dist. Ct. App. 2016)

. . . . § 760.11(5), Fla. Stat. (2012). . . . primarily acting as instrumentalities or agencies of the state, counties, or municipalities ....” § 760.11 . . .

DAVIS, v. BOB EVANS FARMS, LLC,, 649 F. App'x 869 (11th Cir. 2016)

. . . Stat. § 760.11(1). . . . Id. § 760.11(4). . . . Stat. § 760.11(7). . . . Stat. § 760.11(8). . . . Stat. § 760.11(8). . . .

SHORT, v. IMMOKALEE WATER SEWER DISTRICT, a J., 165 F. Supp. 3d 1129 (M.D. Fla. 2016)

. . . . § 760.11(1), the analysis is otherwise the same as under Title VII. Alvarez v. Royal Atl. . . .

CIMINO, s v. AMERICAN AIRLINES, INC. a, 183 So. 3d 1242 (Fla. Dist. Ct. App. 2016)

. . . 760.01-760.10 may file a complaint with' the commission within 365 days of .the alleged violation .,” § 760.11 . . . file a complaint and that a “person” includes an “individual” as well as a “legal representative.” §§ 760.11 . . .

SHERIDAN, v. STATE DEPARTMENT OF HEALTH,, 182 So. 3d 787 (Fla. Dist. Ct. App. 2016)

. . . . § 760.11(1), (4); Woodham, 829 So.2d at 894. . . . and determine if reasonable cause exists to believe that a- discriminatory practice has occurred; § 760.11 . . . Statutes, and cannot file a civil action unless that review is successful. § 760.11(7). . . . See § 760.11(3). For the same reason, Ms. . . . We disagree with the Department’s interpretation of section 760.11(5). As Judge Joel F. . . .

LIU, v. UNIVERSITY OF MIAMI,, 138 F. Supp. 3d 1360 (S.D. Fla. 2015)

. . . . § 760.11(1)). Claims- that are not timely filed are time-barred. Clarke v. . . .

RUSTOWICZ, v. NORTH BROWARD HOSPITAL DISTRICT n k a, 174 So. 3d 414 (Fla. Dist. Ct. App. 2015)

. . . Sections 760.01-760.11 and 509.092, Florida Statutes (2013), are formally cited as the "Florida Civil . . .

RAYMOND JAMES FINANCIAL SERVICES, INC. v. FENYK,, 780 F.3d 59 (1st Cir. 2015)

. . . Stat. § 760.11(1), and imposes various deadlines for filing a “civil action,” one of which provides that . . . agency finds reasonable cause to believe that an unlawful discriminatory practice has occurred, id. §§ 760.11 . . . Unlike § 95.011, § 760.11 does not expressly equate "proceedings” and "actions.” . . . Ann. § 760.11(1) (stating that "[a]ny person aggrieved by a violation of [the Act] may file a complaint . . . with the commission within 365 days of the alleged violation”); id. § 760.11(7) ("In the event the final . . .

L. WILLIAMS, v. DEPARTMENT OF CORRECTIONS, 156 So. 3d 563 (Fla. Dist. Ct. App. 2015)

. . . . § 760.11, Fla. Stat (2011). . . . Mitzel, 83 So.3d 865 (Fla. 3d DCA 2012); § 760.11, Fla. Stat. (2011). . . .

MARCHMAN, v. ST. ANTHONY S HOSPITAL, INC., 152 So. 3d 830 (Fla. Dist. Ct. App. 2014)

. . . . § 760.11 (“It is the intent of the Legislature that this provision for attorney’s fees be interpreted . . .

CRANE, v. LIFEMARK HOSP. OF FLA. INC., 149 So. 3d 718 (Fla. Dist. Ct. App. 2014)

. . . this section or a violation of a rule adopted under this section has a right of action pursuant to s. 760.11 . . . Stat. (2011) (“Sections 760.01-760.11 and 509.092 shall be cited as the 'Florida Civil Rights Act of . . . 1992' ”); § 760.02(1) (" ‘Florida Civil Rights Act of 1992’ means ss. 760.01-760.11 and 509.092”). . . . .

WOLF, v. MWH CONSTRUCTORS, INC., 34 F. Supp. 3d 1213 (M.D. Fla. 2014)

. . . . § 760.11(1). . . .

STANLEY, v. GREAT GLAM, INC., 161 So. 3d 457 (Fla. Dist. Ct. App. 2014)

. . . discrimination under the Florida Civil Rights Act of 1992, which is codified at sections 760.01 through 760.11 . . .

H. JONES, v. BANK OF AMERICA,, 985 F. Supp. 2d 1320 (M.D. Fla. 2013)

. . . . § 760.11. . . . Stat. § 760.11(1). . . . Stat. § 760.11(3). . . . Stat. § 760.11(7). . . . Stat. § 760.11(8). . . .

FULLER, III, v. EDWARD B. STIMPSON CO. INC., 971 F. Supp. 2d 1146 (S.D. Fla. 2013)

. . . . § 760.11(1). . . .

MAYNARD, v. TACO BELL OF AMERICA, INC. a a k a, 117 So. 3d 1159 (Fla. Dist. Ct. App. 2013)

. . . Pursuant to section 760.11, Florida Statutes (2005), Maynard had 365 days — or until April 14, 2008 — . . . April 24 filing of the formal administrative complaint was untimely under the requirements of section 760.11 . . . Section 760.11(1) provides that when a complaint is filed with the FCHR within 365 days of an alleged . . . Section 760.11(3) provides that FCHR has 180 days from the date the complaint is filed to investigate . . . This necessarily indicates compliance with the required condition precedent under section 760.11, and . . .

SHEDRICK, v. DISTRICT BOARD OF TRUSTEES OF MIAMI- DADE COLLEGE,, 941 F. Supp. 2d 1348 (S.D. Fla. 2013)

. . . . § 760.11; see Klonis v. Fla. . . . Stat. § 760.11(1). . . .

CATALDO, v. DAYTONA STATE COLLEGE,, 110 So. 3d 990 (Fla. Dist. Ct. App. 2013)

. . . on September 21, 2011, alleging violations of the Florida Civil Rights Act of 1992, sections 760.01-760.11 . . . See § 760.11(8), Fla. . . .

V. DUCHATEAU, v. CAMP, DRESSER McKEE, INC., 713 F.3d 1298 (11th Cir. 2013)

. . . . §§ 509.092, 760.01-760.11, (ii) interference with her rights under the Family Medical Leave Act, 29 . . .

FORBES, v. CITY OF NORTH MIAMI,, 509 F. App'x 864 (11th Cir. 2013)

. . . . §§ 760.01-760.11. After thoroughly reviewing the record and briefs, we affirm. I. . . .

R. BOURNE, v. SCHOOL BOARD OF BROWARD COUNTY,, 508 F. App'x 907 (11th Cir. 2013)

. . . . § 760.11(1). Bourne’s last day at work was March 30, 2007. . . .

McGUIRE, v. PEABODY HOTEL GROUP,, 99 So. 3d 984 (Fla. Dist. Ct. App. 2012)

. . . Section 760.11(1), Florida Statutes (2010), authorizes any person who was aggrieved by a violation of . . . the Florida Civil Rights Act, sections 760.01 through 760.11, to file a complaint with the Commission . . .

ROBINSON, v. DEPARTMENT OF HEALTH,, 89 So. 3d 1079 (Fla. Dist. Ct. App. 2012)

. . . See § 760.11(1), Fla. Stat. (2009). . . . .” § 760.11(2). . . . . § 760.11(4). . . . . § 760.11(7). . . . .” § 760.11(8). . . .

CITY OF WEST PALM BEACH, v. McCRAY,, 91 So. 3d 165 (Fla. Dist. Ct. App. 2012)

. . . Section 760.11 of the Florida Civil Rights Act (“FCRA”) provides that: “[a]ny person aggrieved by a violation . . . [the FCRA] may file a complaint with the commission within 365 days of the alleged violation....” § 760.11 . . .

SUNBEAM TELEVISION CORPORATION, v. A. MITZEL,, 83 So. 3d 865 (Fla. Dist. Ct. App. 2012)

. . . of Discrimination with the FCHR within 365 days of the alleged discrimination as required by section 760.11 . . . See § 760.11, Fla. Stat. (2010); Woodham v. . . .

B. ANDELA, v. UNIVERSITY OF MIAMI,, 461 F. App'x 832 (11th Cir. 2012)

. . . . § 760.11 The remainder of Andela’s arguments asks us to do something that we may not. . . .

V. DuCHATEAU, v. CAMP DRESSER McKEE, INC., 822 F. Supp. 2d 1325 (S.D. Fla. 2011)

. . . . §§ 760.01-760.11; (2) interfered with her rights under the Family and Medical Leave Act (“FMLA”), see . . .

R. FUSCO, v. VICTORIA S SECRET STORES, LLC, d b a s, 806 F. Supp. 2d 1240 (M.D. Fla. 2011)

. . . . § 760.11(5). . . .

FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, v. SHAPIRO,, 68 So. 3d 298 (Fla. Dist. Ct. App. 2011)

. . . complaint against DCF for violations of the Florida Civil Rights Act of 1992 (FCRA), sections 760.01-760.11 . . .

KAW, v. SCHOOL DISTRICT OF HILLSBOROUGH COUNTY,, 434 F. App'x 858 (11th Cir. 2011)

. . . . § 760.11, and section 504 of the Rehabilitation Act of 1973(RA), 29 U.S.C. § 794. . . .

W. WOOD, Jr. v. FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES,, 432 F. App'x 812 (11th Cir. 2011)

. . . . §§ 760.01-760.11; and 42 U.S.C. § 1983. . . .

HODGETTS, v. CITY OF VENICE, FLORIDA,, 794 F. Supp. 2d 1265 (M.D. Fla. 2011)

. . . . § 12111, and the Florida Civil Rights Act, §§ 760.01-760.11. Fla. Stat. (FCRA). . . .

ST. LOUIS, v. FLORIDA INTERNATIONAL UNIVERSITY,, 60 So. 3d 455 (Fla. Dist. Ct. App. 2011)

. . . Louis’ award to $200,000, based on sections 760.11(5) and 768.28(5), Florida Statutes (2008). . . .

GERBER, v. VINCENT S MEN S HAIRSTYLING, INC., 57 So. 3d 935 (Fla. Dist. Ct. App. 2011)

. . . Rights Act of 1964, 42 U.S.C. section 2000e-5(f)(l), and the Florida Civil Rights Act (FCRA), section 760.11 . . .

MIAMI- DADE COUNTY, v. EGHBAL,, 54 So. 3d 525 (Fla. Dist. Ct. App. 2011)

. . . age discrimination and retaliation under the Florida Civil Rights Act (“the FCRA”), sections 760.01-760.11 . . .

MENA, v. LIFEMARK HOSPITALS OF FLORIDA, INC. d b a, 50 So. 3d 759 (Fla. Dist. Ct. App. 2010)

. . . Pursuant to section 760.01(1), Florida Statutes: "Sections 760.01-760.11 and 509.092 shall be cited as . . .

B. ANDELA, v. UNIVERSITY OF MIAMI,, 692 F. Supp. 2d 1356 (S.D. Fla. 2010)

. . . .” § 760.11(3), Fla. Stat. . . . Id. § 760.11(7). . . . Id. § 760.11(13). Florida’s procedural scheme is nearly identical to the scheme upheld in Kremer. . . . See §§ 760.06, 760.11, Fla. Stat. . . .

MYERS, v. CENTRAL FLORIDA INVESTMENTS, INC., 592 F.3d 1201 (11th Cir. 2010)

. . . . § 760.11(a), and on or after November 19, 2000, under Title VII. . . . Stat. § 760.11(a). . . .

RODRIGUEZ, v. CITY OF CLERMONT,, 681 F. Supp. 2d 1313 (M.D. Fla. 2009)

. . . . § 760.11 (“FCRA”). . . .

INDUSTRIAL AFFILIATES, LTD. v. FISH,, 25 So. 3d 629 (Fla. Dist. Ct. App. 2009)

. . . See §§ 760.01-760.11, Fla. Stat. (2009). . . .

SARIDAKIS, v. SOUTH BROWARD HOSPITAL DISTRICT,, 681 F. Supp. 2d 1338 (S.D. Fla. 2009)

. . . . § 760.11(5); Count IV, retaliation in violation of the FCRA; Count V, violation of the Equal Pay Act . . .

BYRD, v. BT FOODS, INC. d b a s a, 26 So. 3d 600 (Fla. Dist. Ct. App. 2009)

. . . trial, except to establish for the court the right to maintain the private right of action,” See § 760.11 . . .

UNIVERSITY OF CENTRAL FLORIDA BOARD OF TRUSTEES, v. TURKIEWICZ,, 21 So. 3d 141 (Fla. Dist. Ct. App. 2009)

. . . The Maggio court described section 760.11(1) as containing a set of “pre-suit administrative procedures . . . Jim Adams Ford, Inc., 871 So.2d 312, 315 (Fla. 2d DCA 2004), the Second District noted: Section 760.11 . . .

C. LABATI, v. UNIVERSITY OF MIAMI,, 16 So. 3d 886 (Fla. Dist. Ct. App. 2009)

. . . Stat. (2008) (Florida’s Civil Rights Act); § 760.11(5), Fla. . . . Section 760.11(5), Florida Statutes (2008), provides: In any action or proceeding under this subsection . . .

PONCE, v. FONTAINEBLEAU RESORTS, LLC,, 653 F. Supp. 2d 1297 (S.D. Fla. 2009)

. . . Section 760.11(5) of the Florida Statutes, concerning the damages available for violations of the FCRA . . . In any event, the discretionary nature of the language of section 760.11(5) unambiguously indicates that . . .

ROBINSON, v. ALUTIQ- MELE, LLC,, 643 F. Supp. 2d 1342 (S.D. Fla. 2009)

. . . . § 2000e-5(k), Florida Statute section 760.11(5) and Florida Statute section 57.105. 1. . . . Florida Statute section 760.11(5) The Florida Civil Rights Act, the statute under which Plaintiff brought . . . Stat. § 760.11(5). . . . (5) and the Court recommends that the Motion for Fees pursuant to section 760.11(5) be denied. 2. . . . objectively groundless, this Court would recommend, in the exercise of its discretion under section 760.11 . . .

LATRECE LOCKETT, v. CHOICE HOTELS INTERNATIONAL, INC. d. b. a. U. S. LLC,, 315 F. App'x 862 (11th Cir. 2009)

. . . . §§ 760.01-760.11, as well as her claims of retaliation in violation of Title VII, 42 U.S.C. § 2000e . . .

POULSEN, v. PUBLIX SUPER MARKETS, INC., 302 F. App'x 906 (11th Cir. 2008)

. . . . § 760.11(1); Woodham, 829 So.2d at 894. . . . .

BERNARD, v. SSA SECURITY, INC. a a. k. a., 299 F. App'x 927 (11th Cir. 2008)

. . . . §§ 760.01-760.11, for claiming racial discrimination. . . .

J. CARTER, v. HEALTH MANAGEMENT ASSOCIATES, d b a, 989 So. 2d 1258 (Fla. Dist. Ct. App. 2008)

. . . See § 760.11; Haines . City HMA, Inc., 948 So.2d 904 (affirming the money judgment in favor of Ms. . . .

BOARD OF TRUSTEES OF FLORIDA STATE UNIVERSITY v. A. ESPOSITO,, 991 So. 2d 924 (Fla. Dist. Ct. App. 2008)

. . . damages award were collectively subject to the limitation on the “total amount of recovery” in section 760.11 . . . court erred in holding that the $100,000.00 cap on damages in section 768.28(5), referenced in section 760.11 . . . Section 760.11(5), sets forth the following concerning civil actions brought pursuant to the FCRA: In . . . Moreover, Section 760.11(5) specifically states that “[i]t is the intent of the Legislature that this . . . Section 760.11(5) contains the following pertinent provision concerning civil actions brought pursuant . . .

BETTIS, v. TOYS R US- DELAWARE, INC. a, 273 F. App'x 814 (11th Cir. 2008)

. . . . § 760.11. For the following reasons, we vacate and remand. I. . . . Stat. § 760.11(1). . . . .

PADILLA, v. NORTH BROWARD HOSPITAL DISTRICT,, 270 F. App'x 966 (11th Cir. 2008)

. . . . § 760.11. . . .

LAMOTHE, v. BAL HARBOUR CONDOMINIUM ASSOCIATION INC., 316 F. App'x 844 (11th Cir. 2008)

. . . . §§ 760.01-760.11; and 42 U.S.C. § 1981. . . .

MANZINI ASSOCIATES, P. A. v. BROWARD SHERIFF S OFFICE, 976 So. 2d 688 (Fla. Dist. Ct. App. 2008)

. . . civil rights action in Wimberly’s name in order to protect his fee claims against BSO under section 760.11 . . .

AUSTIN, v. PROGRESSIVE RSC, INC,, 265 F. App'x 836 (11th Cir. 2008)

. . . . §§ 760.01-760.11. . . .

YODER BROTHERS, INC. v. WEYGANT,, 973 So. 2d 625 (Fla. Dist. Ct. App. 2008)

. . . awarding attorney’s fees pursuant to Yoder Brothers’ proposal for settlement was inconsistent with section 760.11 . . . court denied the motion after concluding that the offer of judgment statute conflicted with section 760.11 . . . ’s fees be interpreted in a manner consistent with federal case law involving a Title VII action. § 760.11 . . . Accordingly, Yoder Brothers cannot recover fees under section 760.11(5). . . . incorporating the federal case law governing awards of attorney’s fees under Title VII into section 760.11 . . .

DONOVAN, v. BROWARD COUNTY BOARD OF COMMISSIONERS,, 974 So. 2d 458 (Fla. Dist. Ct. App. 2008)

. . . See § 760.11(1), Fla. Stat. . . .

MOORE, v. HILLSBOROUGH COUNTY BOARD OF COUNTY COMMISSIONERS,, 544 F. Supp. 2d 1291 (M.D. Fla. 2008)

. . . Stat. 760.11(1). . . .

ZAMORA, v. FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES,, 969 So. 2d 1108 (Fla. Dist. Ct. App. 2007)

. . . s claims were subject to the $100,000 recovery limit set forth in section 768.28(5), citing section 760.11 . . . Section 760.11(5) sets forth the following provisions concerning civil actions brought pursuant to the . . .

SHEELY, v. MRI RADIOLOGY NETWORK, P. A. d. b. a. MRI- JFK,, 505 F.3d 1173 (11th Cir. 2007)

. . . ... public accommodations gives rise to a cause of action for all relief and damages described in § 760.11 . . . Id. § 760.11(1). . . . Id. § 760.11(3). . . . [b]ring a civil action ... in any court of competent jurisdiction .... ” Id. § 760.11(4)(a) (emphasis . . . Id. § 760.11(7). . . .

H. HUDSON, J. P. A. L. P. A. v. INTERNATIONAL COMPUTER NEGOTIATIONS, INC. a, 499 F.3d 1252 (11th Cir. 2007)

. . . ICN then moved for attorneys’ fees against Hudson and his attorneys under § 1132(g)(1) of ERISA, § 760.11 . . .

P. MURDICK, v. CATALINA MARKETING CORPORATION,, 496 F. Supp. 2d 1337 (M.D. Fla. 2007)

. . . . § 760.01-760.11 (2001), and for Violation of the Federal Civil Rights Act of 1964, 42 U.S.C. § 2000A . . .

GARRETT, v. DEPARTMENT OF CORRECTIONS, 589 F. Supp. 2d 1289 (M.D. Fla. 2007)

. . . . § 760.11. . . .

BRADSHAW, v. SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, a, 486 F.3d 1205 (11th Cir. 2007)

. . . . § 760.11(5). . . .

WINN- DIXIE STORES, INC. v. A. REDDICK A., 954 So. 2d 723 (Fla. Dist. Ct. App. 2007)

. . . See §§ 760.01-760.11, Fla. Stat. On appeal, appellant presents three arguments for reversal. . . . As this issue deals with the construction of section 760.11(5), Florida Statutes, it is reviewed by this . . . Section 760.11(5), Florida Statutes, specifically states that “[i]n any action or proceeding under this . . . As stated above, section 760.11(5), Florida Statutes, the attorney’s fees provision, expressly states . . . Accordingly, as a matter of law, section 760.11(5), Florida Statutes, permits appellants to receive an . . .

SPEEDWAY SUPERAMERICA, LLC, v. DUPONT,, 955 So. 2d 533 (Fla. 2007)

. . . UPON THE WILLFUL AND WANTON CONDUCT OF ITS EMPLOYEE, APPLY TO PUNITIVE DAMAGE AWARDS UNDER SECTION 760.11 . . .

S. CARTER, v. DIAMONDBACK GOLF CLUB, INC., 222 F. App'x 929 (11th Cir. 2007)

. . . . §§ 760.01-760.11. . . .

REHEISER, v. TERMINIX INTERNATIONAL COMPANY, LIMITED PARTNERSHIP,, 509 F. Supp. 2d 1147 (N.D. Fla. 2007)

. . . termination, and retaliation, all in violation of the Florida Civil Rights Act, Florida Statutes §§ 760.01-760.11 . . .

BYRD, v. BT FOODS, INC. d b a s a, 948 So. 2d 921 (Fla. Dist. Ct. App. 2007)

. . . Florida Civil Rights Act of 1992, sections 760.01-760.11, Florida Statutes (2004) The FCRA provides that . . .

HAINES CITY HMA, INC. d b a v. J. CARTER,, 948 So. 2d 904 (Fla. Dist. Ct. App. 2007)

. . . court awarded her the back pay as well as prevailing party attorney’s fees, as provided in section 760.11 . . . Section 760.11(5) provides, in relevant part: In any action or proceeding under this subsection, the . . . 1262 (Fla. 2d DCA 2006) (reversing an award of fees because the trial court did not interpret section 760.11 . . . In interpreting the attorney’s fees provision of section 760.11(5) consistent with federal ease law, . . . Applying this federal case law as the Florida Legislature requires, § 760.11(5), we hold that the trial . . .

J. WATSON, v. BREVARD COUNTY CLERK OF CIRCUIT COURT, 937 So. 2d 1264 (Fla. Dist. Ct. App. 2006)

. . . See section 760.11(7), Florida Statutes (2005). . . . .

A. WILSON, v. FARLEY,, 203 F. App'x 239 (11th Cir. 2006)

. . . . § 760.01-760.11 and 509.092. . . .

DRAGO, v. JENNE, s v. s, 453 F.3d 1301 (11th Cir. 2006)

. . . . §§ 760.01-760.11. . . .

VELEZ, v. LEVY WORLD LIMITED PARTNERSHIP, d. b. a. s, 182 F. App'x 929 (11th Cir. 2006)

. . . Stat. 760.11(4) (saying civil rights claimant’s “exclusive remedy” is the election of either an administrative . . . Stat. §§ 509.092, 760.11. See Stevens v. . . .

SPEEDWAY SUPERAMERICA, LLC, v. DUPONT,, 933 So. 2d 75 (Fla. Dist. Ct. App. 2006)

. . . The legislature created section 760.11(5), which provided: In any civil action brought under this section . . . the above, the state and its agencies and subdivisions shall not be liable for punitive damages. § 760.11 . . . Arguably, there is ambiguity here; section 760.11(5) does not explicitly provide that the award of punitive . . . The statute does not incorporate mere negligence for punitive damages anywhere in section 760.11(5), . . . This interpretation would require one to accept that: (1) the legislature, by creating section 760.11 . . . This policy is expressly incorporated in section 760.11(5), which provides that in civil actions brought . . . Section 760.11 further limits punitive awards to $100,000 and exempts recoveries of punitive damages . . . UPON THE WILLFUL AND WANTON CONDUCT OF ITS EMPLOYEE, APPLY TO PUNITIVE DAMAGE AWARDS UNDER SECTION 760.11 . . .

VANDESANDE, v. MIAMI- DADE COUNTY,, 431 F. Supp. 2d 1245 (S.D. Fla. 2006)

. . . Section 760.11(7) of the Florida Civil Rights Act (“FCRA”) provides if the [FCHR] determines that there . . .

T. McCOY, v. PINELLAS COUNTY,, 920 So. 2d 1260 (Fla. Dist. Ct. App. 2006)

. . . McCoy appeals an order awarding attorneys’ fees to Pinellas County pursuant to section 760.11(5), Florida . . . We reverse because the trial court did not interpret section 760.11(5) “in a manner consistent with federal . . . See § 760.11, Fla. Stat. (2003). While her complaint was pending, the County fired Ms. . . . When the 180-day claims period under section 760.11(3) expired without action by the Commission, Ms. . . . In its motion, the County claimed it was entitled to prevailing party attorneys’ fees under section 760.11 . . .

GALLAGHER, v. MANATEE COUNTY,, 927 So. 2d 914 (Fla. Dist. Ct. App. 2006)

. . . collectively subject to the limitation on “[t]he total amount of recovery” provided for in section 760.11 . . . The Statutory Framework Section 760.11 sets forth the scheme of remedies available to persons who are . . . Section 760.11(5) contains the following pertinent provisions concerning civil actions brought pursuant . . . Section 760.11(5) specifically incorporates “the limitation” on liability “as set forth in s. 768.28( . . . The meaning of “[t]he total amount of recovery” in section 760.11(5) is plain. . . .

FREEMAN, v. WALGREEN CO., 407 F. Supp. 2d 1317 (S.D. Fla. 2005)

. . . Stat. 760.01-760.11 (FCRA), and Title VII of the CM Rights Act of 1964, 42 U.S.C.2000e (Title VII). . . . Stat. 760.11(1). . . . Stat. 760.11(3). . . . Stat. 760.11(4). . . . Stat. 760.11(8). Section 760.11(5) establishes guidelines for civil actions brought under the FCRA. . . .

RIVERA, v. TORFINO ENTERPRISES, INC., 914 So. 2d 1087 (Fla. Dist. Ct. App. 2005)

. . . See §§ 448.103; 760.11, Fla. Stat. (2004). . . .

A. LAPAR, v. E. POTTER,, 395 F. Supp. 2d 1152 (M.D. Fla. 2005)

. . . asserts that the named Defendants have violated the Florida Civil Rights Act of 1992 (Chapter 760.01-760.11 . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. GARCIA,, 911 So. 2d 171 (Fla. Dist. Ct. App. 2005)

. . . . § 760.11(5)-(6), Fla. Stat. (2004); see Maggio v. Fla. . . .

WEBB, v. WORLDWIDE FLIGHT SERVICE, INC., 407 F.3d 1192 (11th Cir. 2005)

. . . . § 760.11. . . . Stat. § 760.11, an aggrieved person may commence a civil action in a court of competent jurisdiction . . . Stat. § 760.11(4)(a), or “[i]n the event that the commission fails to conciliate or determine whether . . . Stat. § 760.11(8). . . . Section 760.11(5) further provides that: “The commencement of such action shall divest the commission . . .

JACKSON, v. WORLDWIDE FLIGHT SERVICES, INC., 960 So. 2d 3 (Fla. Dist. Ct. App. 2005)

. . . action alleging racial discrimination in violation of the Florida Civil Rights Act of 1992, §§ 760.01-760.11 . . . filed suit before the expiration of the required 180-day investigative period set forth in section 760.11 . . . dismissed because Jackson filed the action ten days before the 180-day period required under section 760.11 . . . The Commission’s July 3, 2003 letter acknowledged Jackson’s compliance with section 760.11(8), Florida . . . Section 760.11(5), Florida Statutes (2000), in pertinent part, states: A civil action brought under this . . .