Florida HB 1407: Housing

Bill Text

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CS/HB 1407 2026 Legislature

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An act relating to commencement of civil actions; 2
amending s. 760.11, F.S.; removing the requirement 3
that the Florida Commission on Human Relations send 4
certain information to certain persons by registered 5
mail; requiring certain civil actions to be commenced 6
within specified periods; making technical changes; 7
providing an effective date. 8
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Be It Enacted by the Legislature of the State of Florida: 10
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Section 1. Subsections (1), (3), and (5) of section 12
760.11, Florida Statutes, are amended to read: 13
760.11 Administrative and civil remedies; construction.— 14
(1) Any person aggrieved by a violation of ss. 760.01-15
760.10 may file a complaint with the commission within 365 days 16
of the alleged violation, naming the employer, employment 17
agency, labor organization, or joint labor-management committee, 18
or, in the case of an alleged violation of s. 760.10(5), the 19
person responsible for the violation and describing the 20
violation. Any person aggrieved by a violation of s. 509.092 may 21
file a complaint with the commission within 365 days of the 22
alleged violation, naming the person responsible for the 23
violation and describing the violation. The commission, a 24
commissioner, or the Attorney General may in like manner file 25

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

such a complaint. On the same day the complaint is filed with 26
the commission, the commission shall clearly stamp on the face 27
of the complaint the date the complaint was filed with the 28
commission. In lieu of filing the complaint with the commission, 29
a complaint under this section may be filed with the federal 30
Equal Employment Opportunity Commission or with any unit of 31
government of the state which is a fair-employment-practice 32
agency under 29 C.F.R. ss. 1601.70-1601.80. If the date the 33
complaint is filed is clearly stamped on the face of the 34
complaint, that date is the date of filing. The date the 35
complaint is filed with the commission for purposes of this 36
section is the earliest date of filing with the Equal Employment 37
Opportunity Commission, the fair-employment-practice agency, or 38
the commission. The complaint shall contain a short and plain 39
statement of the facts describing the violation and the relief 40
sought. The commission may require additional information to be 41
in the complaint. The commission, within 5 days of the complaint 42
being filed, shall by registered mail send a copy of the 43
complaint to the person who allegedly committed the violation. 44
The person who allegedly committed the violation may file an 45
answer to the complaint within 25 days of the date the complaint 46
was filed with the commission. Any answer filed shall be mailed 47
to the aggrieved person by the person filing the answer. Both 48
the complaint and the answer shall be verified. 49
(3) Except as provided in subsection (2), the commission 50

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

shall investigate the allegations in the complaint. Within 180 51
days of the filing of the complaint, the commission shall 52
determine if there is reasonable cause to believe that 53
discriminatory practice has occurred in violation of the Florida 54
Civil Rights Act of 1992. When the commission determines whether 55
or not there is reasonable cause, the commission by registered 56
mail shall promptly notify the aggrieved person and the 57
respondent of the reasonable cause determination, the date of 58
such determination, and the options available under this 59
section. 60
(5) In any civil action brought under this section, the 61
court may issue an order prohibiting the discriminatory practice 62
and providing affirmative relief from the effects of the 63
practice, including back pay. The court may also award 64
compensatory damages, including, but not limited to, damages for 65
mental anguish, loss of dignity, and any other intangible 66
injuries, and punitive damages. Sections The provisions of ss. 67
768.72 and 768.73 do not apply to this section. The judgment for 68
the total amount of punitive damages awarded under this section 69
to an aggrieved person shall not exceed $100,000. In any action 70
or proceeding under this subsection, the court, in its 71
discretion, may allow the prevailing party a reasonable attorney 72
attorney's fee as part of the costs. It is the intent of the 73
Legislature that this provision for attorney attorney's fees be 74
interpreted in a manner consistent with federal case law