THE BILL ITSELF
CS/HB 1407
Commencement of Civil Actions
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An act relating to commencement of civil actions;
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amending s. 760.11, F.S.; removing 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; requiring certain civil actions to be commenced
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within specified periods; making technical changes;
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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
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760.11, 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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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 of the
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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 shall contain a short and plain
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statement of the facts describing the violation and the relief
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sought. The commission may require additional information to be
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in the complaint. The commission, within 5 days of the complaint
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being filed, shall by registered mail send a copy of the
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complaint to the person who allegedly committed the violation.
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The person who allegedly committed the violation may file an
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answer to the complaint within 25 days of the date the complaint
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was filed with the commission. Any answer filed shall be mailed
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to the aggrieved person by the person filing the answer. Both
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the complaint and the answer shall 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 of the filing of the complaint, the commission shall
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determine 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 The provisions of ss.
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768.72 and 768.73 do not apply to this section. The judgment for
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the total amount of punitive damages awarded under this section
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to an aggrieved person shall not exceed $100,000. In any action
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or proceeding under this subsection, the court, in its
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discretion, may allow the prevailing party a reasonable attorney
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attorney's fee as part of the costs. It is the intent of the
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Legislature that this provision for attorney attorney's fees be
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interpreted in a manner consistent with federal case law
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involving a Title VII action. The right to trial by jury is
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preserved in any such private right of action in which the
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aggrieved person is seeking compensatory or punitive damages,
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and any party may demand a trial by jury. The commission's
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determination of reasonable cause is not admissible into
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evidence in any civil proceeding, including any hearing or
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trial, except to establish for the court the right to maintain
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the private right of action. A civil action brought under this
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section shall be commenced no later than 1 year after the date
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of determination of reasonable cause by the commission or the
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issuance of a Notice of Right to Sue by the Equal Employment
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Opportunity Commission, whichever is earlier. If a determination
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of reasonable cause is not made by the commission or a Notice of
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Right to Sue is not issued by the Equal Employment Opportunity
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Commission within 180 days after the filing of the complaint, a
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civil action brought under this section may be commenced no
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later than 18 months after the filing of the complaint. The
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commencement of such action shall divest the commission of
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jurisdiction of the complaint, except that the commission may
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intervene in the civil action as a matter of right.
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Notwithstanding the above, the state and its agencies and
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subdivisions shall not be liable for punitive damages. The total
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amount of recovery against the state and its agencies and
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subdivisions shall not exceed the limitation as set forth in s.
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768.28(5).
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Section 2. This act shall take effect July 1, 2026.