THE BILL ITSELF
CS/SB 1096
Florida Civil Rights Act
Florida Senate - 2026 CS for SB 1096 By the Committee on Rules; and Senator Burgess 595-03395-26 20261096c1
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A bill to be entitled
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An act relating to the Florida Civil Rights Act;
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amending s. 760.11, F.S.; deleting the requirement
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that the Florida Commission on Human Relations send
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certain information to certain persons by registered
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mail; making technical changes; revising the timeframe
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when a civil action may be brought for violations of
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the act; providing that if the commission or the Equal
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Employment Opportunity Commission does not make a
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determination within a specified timeframe, the
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complainant may bring a civil action within a
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specified timeframe; reenacting s. 760.07, F.S.,
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relating to remedies for unlawful discrimination, to
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incorporate the amendment made to s. 760.11, F.S., in
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a reference thereto; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (1), (3), and (5) of section 760.11,
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Florida Statutes, are amended to read:
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760.11 Administrative and civil remedies; construction.—
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(1) Any person aggrieved by a violation of ss. 760.01
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760.10 may file a complaint with the commission within 365 days
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after of the alleged violation, naming the employer, employment
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agency, labor organization, or joint labor-management committee,
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or, in the case of an alleged violation of s. 760.10(5), the
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person responsible for the violation and describing the
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violation. Any person aggrieved by a violation of s. 509.092 may
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file a complaint with the commission within 365 days after of
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the alleged violation , naming the person responsible for the
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violation and describing the violation. The commission, a
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commissioner, or the Attorney General may in like manner file
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such a complaint. On the same day the complaint is filed with
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the commission, the commission shall clearly stamp on the face
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of the complaint the date the complaint was filed with the
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commission. In lieu of filing the complaint with the commission,
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a complaint under this section may be filed with the federal
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Equal Employment Opportunity Commission or with any unit of
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government of the state which is a fair-employment-practice
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agency under 29 C.F.R. ss. 1601.70-1601.80. If the date the
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complaint is filed is clearly stamped on the face of the
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complaint, that date is the date of filing. The date the
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complaint is filed with the commission for purposes of this
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section is the earliest date of filing with the Equal Employment
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Opportunity Commission, the fair-employment-practice agency, or
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the commission. The complaint must shall contain a short and
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plain statement of the facts describing the violation and the
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relief sought. The commission may require additional information
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to be in the complaint. The commission, within 5 days after of
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the complaint being filed, shall by registered mail send a copy
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of the complaint to the person who allegedly committed the
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violation. The person who allegedly committed the violation may
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file an answer to the complaint within 25 days after of the date
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the complaint was filed with the commission. Any answer filed
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must shall be mailed to the aggrieved person by the person
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filing the answer. Both the complaint and the answer must shall
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be verified.
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(3) Except as provided in subsection (2), the commission
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shall investigate the allegations in the complaint. Within 180
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days after of the filing of the complaint, the commission shall
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determine whether if there is reasonable cause to believe that
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discriminatory practice has occurred in violation of the Florida
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Civil Rights Act of 1992. When the commission determines whether
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or not there is reasonable cause, the commission by registered
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mail shall promptly notify the aggrieved person and the
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respondent of the reasonable cause determination, the date of
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such determination, and the options available under this
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section.
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(5) In any civil action brought under this section, the
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court may issue an order prohibiting the discriminatory practice
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and providing affirmative relief from the effects of the
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practice, including back pay. The court may also award
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compensatory damages, including, but not limited to, damages for
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mental anguish, loss of dignity, and any other intangible
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injuries, and punitive damages. Sections 768.72 and 768.73 The
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provisions of ss. 768.72 and 768.73 do not apply to this
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section. The judgment for the total amount of punitive damages
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awarded under this section to an aggrieved person may shall not
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exceed $100,000. In any action or proceeding under this
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subsection, the court , in its discretion, may allow the
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prevailing party a reasonable attorney fees attorney’s fee as
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part of the costs. It is the intent of the Legislature that
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attorney this provision for attorney’s fees be interpreted in a
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manner consistent with federal case law involving a Title VII
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action. The right to trial by jury is preserved in any such
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private right of action in which the aggrieved person is seeking
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compensatory or punitive damages, and any party may demand a
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trial by jury. The commission’s determination of reasonable
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cause is not admissible into evidence in any civil proceeding,
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including any hearing or trial, except to establish for the
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court the right to maintain the private right of action. A civil
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action brought under this section must be filed shall be
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commenced no later than 1 year after the date of determination
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of reasonable cause by the commission or the issuance of a
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Notice of Right to Sue from the Equal Employment Opportunity
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Commission, whichever occurs first. If a determination is not
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made by the commission or a Notice of Right to Sue is not issued
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by the Equal Employment Opportunity Commission within 180 days
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after the filing of the complaint, a civil action may be brought
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by the complainant under this subsection no later than 18 months
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after the filing of the complaint . The filing commencement of
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such action divests shall divest the commission of jurisdiction
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of the complaint, except that the commission may intervene in
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the civil action as a matter of right. Notwithstanding this
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subsection the above , the state and its agencies and
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subdivisions may shall not be liable for punitive damages. The
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total amount of recovery against the state and its agencies and
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subdivisions may shall not exceed the limitation as set forth in
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s. 768.28(5).
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Section 2. For the purpose of incorporating the amendment
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made by this act to section 760.11, Florida Statutes, in a
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reference thereto, section 760.07, Florida Statutes, is
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reenacted to read:
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760.07 Remedies for unlawful discrimination.—Any violation
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of any Florida statute that makes unlawful discrimination
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because of race, color, religion, gender, pregnancy, national
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origin, age, handicap, or marital status in the areas of
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education, employment, or public accommodations gives rise to a
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cause of action for all relief and damages described in s.
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760.11(5), unless greater damages are expressly provided for. If
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the statute prohibiting unlawful discrimination provides an
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administrative remedy, the action for equitable relief and
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damages provided for in this section may be initiated only after
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the plaintiff has exhausted his or her administrative remedy.
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The term “public accommodations” does not include lodge halls or
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other similar facilities of private organizations which are made
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available for public use occasionally or periodically. The right
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to trial by jury is preserved in any case in which the plaintiff
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is seeking actual or punitive damages.
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Section 3. This act shall take effect July 1, 2026.