07-2316 BOARD OF TRUSTEES OF FLORIDA STATE UNIVERSITY AND THE FLORIDA STATE UNIVERSITY v. JOHN A. ESPOSITO

State: Florida

Court: Florida First District Court

Docket No: 07-2316

Case Date: 08/15/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

BOARD OF TRUSTEES OF FLORIDA STATE UNIVERSITY and THE FLORIDA STATE UNIVERSITY, Appellants, v. JOHN A. ESPOSITO, Appellee. _____________________________/

CASE NO. 1D07-2316

Opinion filed August 15, 2008. An appeal from the Circuit Court for Leon County. Janet E. Ferris, Judge. John S. Derr of John S. Derr, P.A., Tallahassee, for Appellants. William R. Amlong, Karen C. Amlong and Jennifer Daley of Amlong & Amlong P.A., Fort Lauderdale; and Marie A. Mattox of Marie A. Mattox, P.A., and Richard E. Johnson, Amici Curiae, Tallahassee, for Appellee.

LEWIS, J. In this action brought under chapter 760, Florida Statutes (2005), the Florida Civil Rights Act ("FCRA") for disability discrimination and retaliation, the Board of

Trustees of Florida State University and the Florida State University (collectively, "FSU"), challenge an order awarding attorney's fees and costs to John A. Esposito. After a jury trial, a verdict was returned in favor of Esposito, awarding him compensatory damages. The trial court determined that Esposito's attorney's fees, his costs and expenses, and the compensatory damages award were collectively subject to the limitation on the "total amount of recovery" in section 760.11(5), Florida Statutes (2005), which by reference adopts the $100,000.00 cap in section 768.28(5), Florida Statutes (2005). On appeal, FSU challenges the trial court's failure to apply the twenty-five percent statutory cap on attorney's fees in section 768.28(8), Florida Statutes (2005), to Esposito's compensatory damages award. On cross appeal, Esposito argues that the trial court erred in holding that the $100,000.00 cap on damages in section 768.28(5), referenced in section 760.11(5), encompasses attorney's fees and costs. We affirm the appeal and cross appeal and write to only explain that section 768.28(8) has no application in connection with a claim brought under the FCRA and to explain that the statutory limitation in section 768.28(5) includes attorney's fees and costs. We begin with the stated purpose of the FCRA, which is "to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status."

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