...Nothing in FUSPA suggests it is limited to public employers. To the contrary, FUSPA makes a "person" liable for "a civil penalty of not more than $1,000" for each violation of FUSPA "or any provision of federal law affording protections" to members of the military. Fla. Stat. §
250.905 . Florida law defines "person" to include private entities. Id. §
1.01(3). Cardinal thus is a "person." USERRA is a "provision of federal law affording protections" to members of the military. Under the plain language of §
250.905, Cardinal may be held liable for a "civil penalty" if, as Mr. Brown alleges, Cardinal violated USERRA. In support of its assertion that FUSPA does not apply to private employers, Cardinal cites dictum in a district court decision that predated the enactment of §
250.905 and in which the issue was not contested....