Florida/Georgia Personal Injury & Workers Compensation

...Respondents, Florida State Lodge, Fraternal Order of the Police, contend that a sheriff is a public employer and that this Court expressly stated in State ex rel. Clyatt v. Hocker, supra, that an office is an agency of the State. Comparing Section 447.203, Florida Statutes (1975), and Section 112.044, Florida Statutes (1976), (which does contain an exclusion for any law enforcement agency) respondent argues that had the Legislature intended to exclude sheriffs from the coverage of Section 447.203, Florida Statutes (1975), it would...

...See, e.g., § 40.271, Fla. Stat. (1983) (for discharge because of service on a jury); § 112.042, Fla. Stat. (1983) (for discharge or discrimination by county or municipal employer on basis of race, color, sex, religious creed or national origin); § 112.044, Fla....

...During the 1981-82 school year, school officials informed Morrow that because he reached age seventy in September, 1981, he was subject to section 231.031, Florida Statutes (1985): Maximum age for continued employment of instructional personnel. — Notwithstanding the provisions of s. 112.044, no person shall be entitled to continued employment in any instructional capacity in the public schools of this state after the close of the school year following the date on which he attains 70 years of age; however, upon recommendation...

...[*] Cf. § 760.01(2), Fla. Stat. (1985). One year prior to enacting the Human Rights Act, the Florida Legislature enacted the Florida Age Discrimination in Employment Act, prohibiting age discrimination by public employers. This act is now codified in section 112.044, Florida Statutes (1985)....

...§ 760.01(2), Fla. Stat. (1985). As remedial legislation, Florida's act should be liberally construed to promote its intended purpose. § 760.01(3), Fla. Stat. (1985). We find that section 231.031 should be read in pari materia with section 760.10 and section 112.044, in a manner that gives effect to the purposes of all three statutory provisions....

...This provision does not refer only to the procedural requirements of section 230.33(7), Florida Statutes (1985), but also encompasses the age discrimination protection found in section 760.10 of the Human Rights Act. We find that the provisions of section 231.031 that exempt the school board from section 112.044 of the age discrimination act apply only to the school board's ability to remove a teacher from tenured status after reaching age seventy....

...§ 621 et seq. ). This action also includes claims for age discrimination brought under the Fourteenth Amendment to the United States Constitution; Article III, section 2, of the Florida Constitution; the Florida Age Discrimination in Employment Act (FL-ADEA) (§ 112.044, Fla.Stat.); and the Florida Human Rights Act of 1977 (FHRA) (§ 760.10, Fla.Stat.)....

...The FLSA representative action procedure requires that each party plaintiff file a written consent with the court in order to "opt-in" to the action. Section 216(b) is incorporated by reference into the ADEA in 29 U.S.C. § 626(b). [9] 29 U.S.C. § 621 et seq. [10] Florida Statutes § 112.044 (1991)....

..." and chapter 760 defines the term as "any person regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer, and includes an agent of such a person." §§ 112.044(2)(b), 760.02(8), Fla. Stat. (2006). The legislative goals of those chapters, however, differ so much from the legislative goals of chapter 440 that we cannot import these definitions into chapter 440. Compare § 112.044(1), Fla....

recognized by the legislature in other contexts. Section 112.44, Florida Statutes (1975) authorizes the Senate

...age of 70, he would be subject to the provisions of Section 231.031, Florida Statutes, at the close of the school year. That section provides: 231.031 Maximum age for continued employment of instructional personnel. Notwithstanding the provisions of s. 112.044, no person shall be entitled to continued employment in any instructional capacity in the public schools of this state after the close of the school year following the date on which he attains 70 years of age; however, upon recommen *159 d...

...ent without reference to his age. Essentially, the Commission’s final order adopted the hearing officer’s recommended order. This case boils down to legal issues involving the proper application of Section 231.031 and its interplay with Sections 112.044 and 760.10....

...sation, terms, conditions, or privileges of employment, because of such individuals’ race, color, religion, sex, national origin, age, handicap, or marital status. The term “employer” under the above section is not limited to public employers. Section 112.044 prohibits public employers from engaging in certain discriminatory acts based on age. Section 112.044(3)(a)l....

...Chapter 80-295, Section 7, Laws *160 of Florida, changed the statute to its present form and is reproduced as follows showing the additions and deletions effectuated by the amendments. 231.031. Maximum age for continued employment of instructional personnel. Notwithstanding the provisions of s. 112.044, no person shall be entitled to continued employment employed in any instructional capacity in the public schools of Florida after the close of the school year following the date on which he attains 70 years of age; provided, however, that...

...It is abundantly clear that the phrase “annual reappointment in the manner prescribed by law” refers to the procedural requirements of Section 230.33(7) 2 , not to the provisions of Section 760.10 which section includes the proscription against age discrimination much the same as Section 112.044, a section which is even more specific than Section 760.10 (in the sense that Section 112.044 deals only with age discrimination and applies specifically to public employers) and which the legislature saw fit to specifically except from the operation of Section 231.031....

arbitrary age discrimination in employment.' Section 112.044(2)(a) defines `employer' to mean: . .

...Employment Act of 1967 (ADEA). 29 U.S.C. § 621 et seq. This action also includes claims for age discrimination brought under the Florida Age Discrimination in Employment Act (FL-ADEA) and the Florida Human Rights Act of 1977 (FHRA). See Fla. Stat. § 112.044; Fla.Stat....

...da Human Rights Act of 1977 (FHRA). Under the FL-ADEA, the statute states that the "purpose of this act is to promote employment of older persons based on ability rather than age and to prohibit arbitrary age discrimination in employment". Fla.Stat. § 112.044....

...Employment Act of 1967 (ADEA), 29 U.S.C. § 621 et. seq. This action also includes claims for age discrimination brought under the Florida Age Discrimination in Employment Act (FL-ADEA) and the Florida Human Rights Act of 1977 (FHRA). See Fla. Stat. § 112.044 ; Fla.Stat....

...MENT, PENSION OR INSURANCE PLAN FOR ITS EMPLOYEES CONSTITUTE AN EXCEPTION TO THE PROHIBITIONS AGAINST MANDATORY RETIREMENT AGE CONTAINED IN STATE LAW? According to your letter, you are concerned about an apparent conflict between the provisions of s 112.044 , F.S., and s 760.10 , F.S., relating to a mandatory retirement age. Section 112.044 , F.S., which prohibits age discrimination in public employment, was enacted "to promote employment of older persons based on ability rather than age and to prohibit arbitrary age discrimination in employment." See, s 112.044 (1), F.S. Section 112.044 (2)(a), F.S., defines "employer" to mean "the state or any county, municipality, or special district or any subdivision or agency thereof." Law enforcement agencies or firefighting agencies in the state are expressly excluded from the foregoing definition. Section 112.044 (3)(a), F.S., provides in pertinent part: Except as provided in paragraph (f), it is unlawful for an employer to: 1. Fail or refuse to hire, discharge or mandatorily retire, or otherwise discriminate against any individual . . . because of age. Subsection (3)(f) of s 112.044 sets forth the exceptions to the abovecited statute and provides that it is not unlawful for an employer, employment agency or labor organization to 1....

...Observe the terms of a bona fide seniority system or any bona fide employee benefit plan, such as a retirement, pension, or insurance plan, which is not a subterfuge to evade the purposes of this act. See, AGO 78-137 in which this office concluded that notwithstanding the provisions of s 112.044 , subsequent to January 1, 1971, federal law prohibited the mandatory retirement of municipal employees between the ages of 40 and 70 solely because of age, even if required under an existing bona fide municipal pension or retirement plan, un...

...Based upon the foregoing language, it appears that a bona fide seniority system or bona fide employee benefit plan will not excuse the involuntary retirement of an individual on the basis of age unless it relates to the individual's ability to perform his job. Thus s 112.044 , F.S., while prohibiting mandatory retirement in public employees' pension or retirement plans, provides exceptions for bona fide occupational qualifications and for bona fide seniority systems or bona fide employee benefit plans which are not a subterfuge to evade the purposes of the act....

...rms of the statute. In light of the apparent conflict between the two statutes, you inquire whether a municipality's seniority system or employee benefit plan constitutes an exception to the statutory prohibitions against a mandatory retirement age. Section 112.044 , F.S., was adopted in 1976....

...whichever occurs first, nor shall this act preclude such physical and medical examinations of applicants and employees as an employer may require of applicants and employees to determine fitness for the job or position sought or held. (e.s.) Thus, s 112.044 , F.S., was the earlier law....

...Fla., 1982) (last expression of legislature will is the law and in case of conflicting provision in same statute or different statutes last in point of time prevails); Laramore v. State, 342 So.2d 90 (1 D.C.A. Fla., 1977). In the instant inquiry, it appears that such a conflict exists. Section 112.044 , provides an exception from the prohibition against mandatory retirement for bona fide employment benefit plans which are not a subterfuge to evade the purposes of s 112.044 ....

...voluntary retirement of an individual on the basis of any factor not related to such individual's ability to perform the particular employment in which he is engaged. In light of this apparent conflict and based upon the foregoing, it appears that s 112.044 has been impliedly modified or repealed and s 760.10 (8)(b) as the latest expression of the Legislature should control over any conflicting provision in s 112.044 ....

public funds if the official is exonerated. Section 112.44, F. S., supra. In contrast, there is no legislation