Florida Senate - 2026 SB 1096
By Senator Burgess
23-00889A-26 20261096__
1 A bill to be entitled
2 An act relating to remedies for violations of the
3 Florida Civil Rights Act; amending s. 760.11, F.S.;
4 revising the timeframe when a civil action may be
5 brought for violations of the act; providing that if
6 the Florida Commission on Human Relations or the Equal
7 Employment Opportunity Commission does not make a
8 determination within a specified timeframe, the
9 complainant may bring a civil action within a
10 specified timeframe; reenacting s. 760.07, F.S.,
11 relating to remedies for unlawful discrimination, to
12 incorporate the amendment made to s. 760.11, F.S., in
13 a reference thereto; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (5) of section 760.11, Florida
18 Statutes, is amended to read:
19 760.11 Administrative and civil remedies; construction.—
20 (5) In any civil action brought under this section, the
21 court may issue an order prohibiting the discriminatory practice
22 and providing affirmative relief from the effects of the
23 practice, including back pay. The court may also award
24 compensatory damages, including, but not limited to, damages for
25 mental anguish, loss of dignity, and any other intangible
26 injuries, and punitive damages. Sections 768.72 and 768.73 The
27 provisions of ss. 768.72 and 768.73 do not apply to this
28 section. The judgment for the total amount of punitive damages
29 awarded under this section to an aggrieved person may shall not
30 exceed $100,000. In any action or proceeding under this
31 subsection, the court, in its discretion, may allow the
32 prevailing party a reasonable attorney fees attorney’s fee as
33 part of the costs. It is the intent of the Legislature that
34 attorney this provision for attorney’s fees be interpreted in a
35 manner consistent with federal case law involving a Title VII
36 action. The right to trial by jury is preserved in any such
37 private right of action in which the aggrieved person is seeking
38 compensatory or punitive damages, and any party may demand a
39 trial by jury. The commission’s determination of reasonable
40 cause is not admissible into evidence in any civil proceeding,
41 including any hearing or trial, except to establish for the
42 court the right to maintain the private right of action. A civil
43 action brought under this section must be filed shall be
44 commenced no later than 1 year after the date of determination
45 of reasonable cause by the commission or the issuance of a
46 Notice of Right to Sue from the Equal Employment Opportunity
47 Commission, whichever occurs first. If a determination is not
48 made by the commission or a Notice of Right to Sue is not issued
49 by the Equal Employment Opportunity Commission within 180 days
50 after the filing of the complaint, a civil action may be brought
51 by the complainant under this subsection no later than 18 months
52 after the filing of the complaint. The filing commencement of
53 such action divests shall divest the commission of jurisdiction
54 of the complaint, except that the commission may intervene in
55 the civil action as a matter of right. Notwithstanding this
56 subsection the above, the state and its agencies and
57 subdivisions may shall not be liable for punitive damages. The
58 total amount of recovery against the state and its agencies and
59 subdivisions may shall not exceed the limitation as set forth in
60 s. 768.28(5).
61 Section 2. For the purpose of incorporating the amendment
62 made by this act to section 760.11, Florida Statutes, in a
63 reference thereto, section 760.07, Florida Statutes, is
64 reenacted to read:
65 760.07 Remedies for unlawful discrimination.—Any violation
66 of any Florida statute that makes unlawful discrimination
67 because of race, color, religion, gender, pregnancy, national
68 origin, age, handicap, or marital status in the areas of
69 education, employment, or public accommodations gives rise to a
70 cause of action for all relief and damages described in s.
71 760.11(5), unless greater damages are expressly provided for. If
72 the statute prohibiting unlawful discrimination provides an
73 administrative remedy, the action for equitable relief and
74 damages provided for in this section may be initiated only after
75 the plaintiff has exhausted his or her administrative remedy.
76 The term “public accommodations” does not include lodge halls or
77 other similar facilities of private organizations which are made
78 available for public use occasionally or periodically. The right
79 to trial by jury is preserved in any case in which the plaintiff
80 is seeking actual or punitive damages.
81 Section 3. This act shall take effect July 1, 2026.