Florida’s Major Changes to Civil Rights Claim Filing Rules

Quick Hits

• On May 22, 2026, Governor DeSantis signed HB 1407, which revises the procedural framework for civil actions and administrative remedies under the Florida Civil Rights Act (FCRA).
• HB 1407 aims to clarify timing issues and procedural ambiguities within the Florida Civil Rights Act, particularly regarding the commencement of civil rights claims and the role of administrative notices from federal and state agencies.
• The new law will take effect on July 1, 2026.

The new law clarifies a long-standing ambiguity within the FCRA. For years, litigants and courts have grappled with timing issues surrounding civil rights claims, particularly disputes over when a claim “commences,” and whether administrative notice from the U.S. Equal Employment Opportunity Commission (EEOC) tolls the filing deadlines under state claims.

FCRA Background and Confusion Before HB 1407

The FCRA prohibits discrimination in employment based on an individual’s race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. The FCRA applies to employers with at least fifteen employees. As with actions under Title VII of the Civil Rights Act of 1964, before filing a civil action under the FCRA, an aggrieved person must exhaust administrative remedies. In Florida, a workshare agreement between the EEOC and the Florida Commission on Human Relations (FCHR) allows a person to file a charge of discrimination with either agency, known as “dual filing.” Generally, the agency that directly receives the charge will investigate the claims, though under the workshare agreement, dual-filed charges preserve rights under both state and federal law.

If the charge is initially filed with the FCHR, the agency must investigate and determine whether there is reasonable cause to believe a discriminatory practice has occurred within 180 days of filing. If the FCHR determines there is reasonable cause, the aggrieved person may file a civil suit within one year of the determination or may seek an administrative hearing.

If the FCHR fails to make a determination within 180 days, the aggrieved person may file a suit in court. In these circumstances, the aggrieved person is required to file a lawsuit within one year of the date the FCHR certifies that it has notified the aggrieved person by mail of its failure to make a timely determination. However, despite earlier legislative attempts in 2020 to clarify the process, the FCHR does not always issue the certification after the expiration of 180 days, leaving the parties to litigate how long an aggrieved person has to file suit.

Adding to the confusion, if a charge is filed initially with the EEOC, the EEOC generally takes the lead in the investigation. Once the EEOC concludes its investigation, it will issue a notice of right to sue, which gives the aggrieved person ninety days to file suit in federal court. Historically, under the FCRA, a notice of right to sue has not been treated as a dismissal of the state claims and, without an independent certification from the FCHR, parties have been left confused as to when the FCRA’s one-year statute of limitations begins.

State courts have grappled with the uncertainty for years and have ruled inconsistently, creating even more confusion. For example, Florida’s Fourth District Court of Appeal has held that a notice of right to sue issued by the EEOC is sufficient to trigger the one-year statute of limitations under the FCRA. In contrast, the First District Court of Appeal recently ruled that the EEOC’s notice does not satisfy the FCRA’s notice requirement.

Why This Law Matters

HB 1407 reflects a legislative effort to streamline and clarify the FCRA’s procedural rules. By eliminating the registered‑mail requirement for certain FCHR communications, the legislature appears to be modernizing the administrative process and reducing technical disputes over service and notice. At the same time, the law makes it clear that claims brought under the FCRA would have to be commenced no later than one year after the date of determination of reasonable cause by the FCHR or the issuance of a notice of right to sue letter by the EEOC, whichever is earlier. In cases where neither agency makes a determination within 180 days, the law sets a strict filing deadline of eighteen months after the filing of the complaint.

Impact on Florida Civil Rights Act Claims

For employers, HB 1407 brings greater predictability—but also underscores the importance of compliance discipline. HB 1407 does not change what conduct is prohibited under Florida’s civil rights laws—but it does change how quickly disputes may reach the courthouse.

The law takes effect July 1, 2026, and will apply to actions filed on or after that date. Employers that proactively adjust their compliance and litigation‑readiness strategies will be better positioned to manage risk under the new framework.

Ogletree Deakins’ Miami and Tampa offices will continue to monitor developments and will provide updates on the Florida blog as additional information becomes available.

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