SB 1096 — Florida Civil Rights Act

Florida Senate - 2026 CS for SB 1096 By Senator Burgess 23-00889A-26 20261096__ A bill to be entitled An act relating to remedies for violations of the FloridaCommittee Civilon RightsRules; Act;

and Senator Burgess 595-03395-26 20261096c1 A bill to be entitled An act relating to the Florida Civil Rights Act;

deleting the requirement that the Florida Commission on Human Relations send certain information to certain persons by registered mail;

making technical changes;

providing that if the Floridacommission Commission on Human Relations or the Equal Employment Opportunity Commission does not make a determination within a specified timeframe, the complainant may bring a civil action within a specified timeframe;

SubsectionSubsections (1), (3), and (5) of section 760.11, Florida Statutes, isare amended to read:

construction.— (5)(1) InAny anyperson civilaggrieved actionby broughta underviolation this section, the court may issue an order prohibiting the discriminatory practice and providing affirmative relief from the effects of thess. practice, including back pay.

760.01- 760.10 may file a complaint with the commission within 365 days after of the alleged violation, naming the employer, employment agency, labor organization, or joint labor-management committee, or, in the case of an alleged violation of s.

760.10(5), the person responsible for the violation and describing the violation.

Any person aggrieved by a violation of s.

509.092 may file a complaint with the commission within 365 days after of Page 1 of 5 CODING:

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words underlined are additions.

Florida Senate - 2026 CS for SB 1096 595-03395-26 20261096c1 the alleged violation, naming the person responsible for the violation and describing the violation.

The commission, a commissioner, or the Attorney General may in like manner file such a complaint.

On the same day the complaint is filed with the commission, the commission shall clearly stamp on the face of the complaint the date the complaint was filed with the commission.

In lieu of filing the complaint with the commission, a complaint under this section may be filed with the federal Equal Employment Opportunity Commission or with any unit of government of the state which is a fair-employment-practice agency under 29 C.F.R.

ss.

1601.70-1601.80.

If the date the complaint is filed is clearly stamped on the face of the complaint, that date is the date of filing.

The date the complaint is filed with the commission for purposes of this section is the earliest date of filing with the Equal Employment Opportunity Commission, the fair-employment-practice agency, or the commission.

The complaint must shall contain a short and plain statement of the facts describing the violation and the relief sought.

The commission may require additional information to be in the complaint.

The commission, within 5 days after of the complaint being filed, shall by registered mail send a copy of the complaint to the person who allegedly committed the violation.

The person who allegedly committed the violation may file an answer to the complaint within 25 days after of the date the complaint was filed with the commission.

Any answer filed must shall be mailed to the aggrieved person by the person filing the answer.

Both the complaint and the answer must shall be verified.

(3) Except as provided in subsection (2), the commission Page 2 of 5 CODING:

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Florida Senate - 2026 CS for SB 1096 595-03395-26 20261096c1 shall investigate the allegations in the complaint.

Within 180 days after of the filing of the complaint, the commission shall determine whether if there is reasonable cause to believe that discriminatory practice has occurred in violation of the Florida Civil Rights Act of 1992.

When the commission determines whether or not there is reasonable cause, the commission by registered mail shall promptly notify the aggrieved person and the respondent of the reasonable cause determination, the date of such determination, and the options available under this section.

(5) In any civil action brought under this section, the court may issue an order prohibiting the discriminatory practice and providing affirmative relief from the effects of the practice, including back pay.

The judgment for the total amount of punitive damages awarded under this section to an aggrieved person may shall not Pageexceed 1$100,000. of 3 CODING:

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Florida Senate - 2026 SB 1096 23-00889A-26 20261096__ exceed $100,000.

The right to trial by jury is preserved in any such private right of action in which the aggrieved person is seeking compensatory or punitive damages, and any party may demand a trialPage by3 jury.of 5 CODING:

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