295.14
Penalties.
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295.14 Penalties.—
(1) When the Public Employees Relations Commission, after a hearing on notice conducted according to rules adopted by the commission, determines that a violation of s. 295.07, s. 295.08, s. 295.085, or s. 295.09(1)(a) or (b) has occurred and sustains the veteran seeking redress, the commission shall order the offending agency, employee, or officer of the state to comply with the provisions of s. 295.07, s. 295.08, s. 295.085, or s. 295.09(1)(a) or (b); and, in the event of a violation of s. 295.07, s. 295.08, s. 295.085, or s. 295.09(1)(a) or (b), the commission may issue an order to compensate the veteran for the loss of any wages and reasonable attorney’s fees for actual hours worked, and costs of all work, including litigation, incurred as a result of such violation, which order shall be conclusive on the agency, employee, or officer concerned. The attorney’s fees and costs may not exceed $10,000. The action of the commission shall be in writing and shall be served on the parties concerned by certified mail with return receipt requested.
(2) When reparation is sought through civil action in a court of competent jurisdiction, any agency, employee, or officer of the state or a political subdivision thereof found in violation of any provision of this act shall, in addition to any other edict issued by the court, be required to pay the costs of suit and reasonable attorney’s fees incurred in such action and shall be required to pay as damages such amount as the court may award, any law to the contrary notwithstanding.
(3) Any employee or officer found liable pursuant to a second or subsequent violation of the provisions of this section shall forfeit his or her position.
History.—s. 6, ch. 77-422; s. 5, ch. 78-372; s. 61, ch. 79-164; s. 5, ch. 80-370; s. 80, ch. 86-163; s. 9, ch. 87-356; s. 253, ch. 95-148; s. 7, ch. 98-33; s. 83, ch. 99-13.
Notes of Decisions
Cited in 4
cases, 1981–2012 · leading case: Broward County v. Finlayson
Broward County v. Finlayson (1990)
“[2] I therefore conclude that no interest on the unpaid overtime is due. If any is due, however, I agree that it should not run for wages earned prior to the demand for overtime compensation.”
City of Deland v. Landolfi (2012)
“See § 295.14(1), Fla. Stat. (1986 Supp.) (referring only to section 295.”
City of Miami v. Farrington (1981)
“1952); § 295.14(2), Fla.Stat. (1980); § 295.09, Fla.”
Sigman v. City of Miami (1987)
“The penalties provided by section 295.14, Florida Statutes (1985) apply to an agency, officer, or employee of the state or one of its political subdivisions.”
— 295.14(1) — 1 case
City of Deland v. Landolfi (2012)
“See § 295.14(1), Fla. Stat. (1986 Supp.) (referring only to section 295.”
— 295.14(2) — 1 case
City of Miami v. Farrington (1981)
“1952); § 295.14(2), Fla.Stat. (1980); § 295.09, Fla.”
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