House Bill 1407, approved by the Governor on May 22, 2026, and effective July 1, 2026, is a procedural reform to Section 760.11 of the Florida Statutes. It does not create new protected classes. Instead, for certain Florida Civil Rights Act civil actions, it requires filing suit no later than one year after the earlier of the FCHR’s reasonable-cause determination or the EEOC’s Notice of Right to Sue. The law also removes the registered mail requirement for certain FCHR documents and notices.
At BT Law Group, PLLC, Miami discrimination attorneys Jason D. Berkowitz and Anisley Tarragona represent employees in workplace discrimination matters throughout South Florida. Our team handles employment discrimination claims for employees throughout Miami-Dade County, including Coral Gables and Hialeah, and nearby Broward County communities such as Fort Lauderdale and Hollywood.
This guide explains what HB 1407 changes, who qualifies for protection under Florida’s discrimination law, how to file a claim, what damages are available, how the state law compares to federal law, and how a Miami employment discrimination lawyer can help.
If you believe you have experienced workplace discrimination, call (305) 507-8506 today to schedule a consultation.
What Does Florida House Bill 1407 Actually Change?
HB 1407, titled “Commencement of Civil Actions,” is a procedural amendment rather than a sweeping expansion of protected categories. The Florida Legislature passed it unanimously, 108-0 in the House and 37-0 in the Senate, and the Governor signed it as Chapter No. 2026-116.
The bill does two main things.
- First, it eliminates the requirement that the Florida Commission on Human Relations (FCHR) send a copy of the complaint and reasonable-cause determination notices by registered mail.
- Second, it creates court-filing deadlines for certain Florida Civil Rights Act (FCRA) civil actions: one year after the earlier of an FCHR reasonable-cause determination or an Equal Employment Opportunity Commission (EEOC) Notice of Right to Sue, or 18 months after the complaint is filed if neither occurs within 180 days.
These changes matter because they affect the timeline of a discrimination case, not the substance of who is protected. If you are weighing a discrimination claim in Florida, the practical effect is about deadlines and procedure, areas where a missed step can end an otherwise strong case.
Key Takeaway: Florida’s House Bill 1407, signed in May 2026 and effective July 1, 2026, amends the procedure under the Florida Civil Rights Act. It removes the FCHR’s registered-mail requirement and sets specified periods for commencing certain civil actions, making timing more important than ever.
Who Is Protected Under the Florida Civil Rights Act After HB 1407?
HB 1407 did not change who may bring a workplace discrimination claim under the Florida Civil Rights Act. The law continues to protect employees who work for employers with 15 or more employees and who experience discrimination based on a protected characteristic recognized under Section 760.10 of the Florida Statutes.
Protected employees may include full-time and part-time workers who face discrimination in hiring, firing, pay, promotions, discipline, job assignments, or other terms and conditions of employment. HB 1407 affects the procedures and deadlines for certain discrimination claims, but it does not alter the categories of workers or types of discrimination covered by the FCRA.
Does HB 1407 Cover Small Business Employees in Florida?
The Florida Civil Rights Act applies to employers with 15 or more employees, and HB 1407 did not change that threshold. If your employer has fewer than 15 workers, you likely cannot bring an FCRA claim.
Smaller employers in Miami-Dade County may still be subject to the Miami-Dade County Human Rights Ordinance. For employment cases, Miami-Dade’s Commission on Human Rights states that the complaint must be filed within 180 days and that the employer must have five or more employees within four weeks during the calendar year. Workers at small companies should ask an attorney whether local law provides a path that the FCRA does not.
Are Gig Workers or Contractors Protected Under HB 1407?
Independent contractors generally fall outside the scope of the FCRA, which protects employees rather than contractors. This distinction matters in Miami’s large service, hospitality, and gig economy, where workers are frequently classified as contractors.
However, a job title or 1099 form does not automatically make you a contractor. Florida and federal law look at the “economic realities,” or the actual working relationship, specifically how much control the company exercises, so a misclassified worker may still qualify as an employee.
What Types of Discrimination Are Covered Under the FCRA After HB 1407?
HB 1407’s procedures apply to the discrimination claims already recognized under the Florida Civil Rights Act. The protected bases under Section 760.10 include the following:
- Race and color
- Religion
- Sex, including pregnancy
- National origin
- Age
- Handicap (disability)
- Marital status
Key Takeaway: HB 1407 did not expand the list of protected categories under the Florida Civil Rights Act. It changed the procedural rules, particularly the timing for commencing civil actions, so the practical impact is on how and when you pursue a claim, not on which forms of discrimination are unlawful.
How Do You File a Discrimination Claim Under HB 1407 in Florida?
Most employment discrimination claims in Florida cannot be filed directly in court. Instead, the process generally begins by filing an administrative charge with the Florida Commission on Human Relations (FCHR) or the U.S. Equal Employment Opportunity Commission (EEOC), as required by Section 760.11, Florida Statutes.
Because the FCHR and EEOC have a work-sharing agreement, many claims can be dual-filed to preserve both state and federal rights. After a charge is filed, the agency investigates the allegations, may attempt to resolve the dispute through conciliation, and ultimately issues a determination or other notice that affects when a lawsuit may be filed.
HB 1407 makes the transition from the administrative process to court even more time-sensitive by establishing specific deadlines for commencing certain civil actions. Missing a filing deadline or misunderstanding when the applicable time period begins can jeopardize an otherwise valid claim. An employment attorney can evaluate which deadlines apply to your case, ensure the administrative process is handled correctly, and determine the appropriate time to file suit.
What Are the Administrative and Court-Filing Deadlines After HB 1407?
Under the Florida Civil Rights Act, you generally must file the administrative complaint within 365 days of the alleged violation. A complaint may be filed with the FCHR, the EEOC, or another qualifying fair-employment-practice agency.
HB 1407 adds separate court-filing deadlines: a civil action must be filed no later than one year after the earlier of the FCHR’s reasonable-cause determination or the EEOC’s Notice of Right to Sue, or no later than 18 months after the complaint is filed if neither event occurs within 180 days.
| Event | Deadline |
|---|---|
| Administrative complaint | Generally within 365 days of the alleged state law violation |
| FCHR reasonable-cause determination or EEOC Notice of Right to Sue issued | Lawsuit must be filed within 1 year of the earlier event |
| No FCHR determination and no EEOC Notice of Right to Sue within 180 days | Lawsuit must be filed within 18 months after the complaint was filed |
Can You File in Miami-Dade Circuit Court After an FCRA Charge?
After exhausting the administrative process, a worker can generally bring a civil action in circuit court, including the Eleventh Judicial Circuit serving Miami-Dade County. You cannot skip the agency stage and go straight to court for an FCRA claim.
For Miami workers, this usually means the case eventually proceeds in Miami-Dade Circuit Court or in federal court for the Southern District of Florida if federal claims are involved or if there is diversity jurisdiction. An attorney can help you choose the venue and confirm that you have satisfied every procedural prerequisite.
Key Takeaway: Florida workers must typically file a discrimination charge with the FCHR or EEOC before suing, generally within 365 days of the discriminatory act under Section 760.11. HB 1407 sets specified periods for commencing the civil action that follows, so missing a deadline can permanently bar your claim. Early legal consultation is essential.
Miami Discrimination Attorneys – BT Law Group, PLLC
Jason D. Berkowitz, Esq.
Jason D. Berkowitz is a founding partner of BT Law Group, PLLC, and a Miami labor and employment attorney who represents employees in discrimination, harassment, retaliation, wrongful termination, wage and hour, and other workplace disputes. Before co-founding the firm, he was a partner in the Miami office of a national labor and employment law firm, where he represented employers exclusively, including many Fortune 100 companies. That experience provides him with valuable insight into how employers investigate, evaluate, and defend employment claims.
Jason litigates cases in state and federal courts throughout Florida and regularly handles matters arising under Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, and the Florida Civil Rights Act. He earned his J.D., cum laude, from the University of Miami School of Law and is admitted to practice in Florida, all three federal district courts in the state, and the U.S. Court of Appeals for the Eleventh Circuit.
Anisley Tarragona, Esq.
Anisley Tarragona is a founding partner of BT Law Group, PLLC, and an experienced employment law attorney who represents workers throughout Florida in a wide range of workplace disputes. Drawing on her prior experience defending employers at a national labor and employment firm, she brings valuable insight into how companies, insurers, and defense attorneys evaluate claims, helping her advocate effectively for employees facing discrimination, harassment, retaliation, wrongful termination, unpaid wages, and other workplace violations.
Fluent in Spanish and committed to providing personalized representation, Anisley guides clients through complex employment matters in state and federal courts, administrative agencies, and arbitration proceedings. She regularly handles cases involving Title VII, the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Florida Civil Rights Act, and the Florida Whistleblower Act, working to secure meaningful results and accountability for her clients.
What Damages Can Florida Workers Recover in an FCRA Claim?
A worker who prevails on a Florida Civil Rights Act claim may recover back pay, compensatory damages for emotional distress and other intangible injuries, punitive damages, and attorney’s fees and costs.
Back pay compensates for wages and benefits lost because of the discrimination. Compensatory damages address emotional harm, while punitive damages may be available where the employer’s conduct was especially egregious. Under Section 760.11, a prevailing employee may also recover reasonable attorney’s fees and costs, which can make pursuing a claim financially feasible.
Did HB 1407 Change the Damages Cap in Florida?
No. HB 1407 addresses the commencement of civil actions and does not modify the damages structure under the Florida Civil Rights Act. The FCRA’s existing limits on certain damages remain in place.
Under Section 760.11, punitive damages in FCRA cases are generally capped at $100,000. Back pay, compensatory damages, and attorney’s fees are authorized separately from the punitive damages cap. Because damages depend heavily on the facts, an attorney can give you a realistic assessment of what your specific claim may be worth.
Key Takeaway: HB 1407 did not change Florida’s damages rules. Workers who prevail on a Florida Civil Rights Act claim may recover back pay, compensatory damages, punitive damages (generally capped at $100,000 under Section 760.11), and attorney’s fees. The value of any claim depends on its specific facts.
How Does HB 1407 Compare to Federal Discrimination Law?
Florida workers are often protected by both state and federal law at the same time. Federal statutes, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), prohibit many of the same forms of discrimination as the Florida Civil Rights Act.
The two systems overlap but are not identical. Federal law sets compensatory and punitive damages caps that vary by employer size, ranging from $50,000 to $300,000. Florida law caps punitive damages at $100,000 but allows back pay and compensatory damages outside that cap. Because HB 1407 changed only the Florida procedure, the federal framework is unaffected.
Should Miami Workers File Under State or Federal Law?
Many Miami workers benefit from dual-filing, which preserves both state and federal claims through the work-sharing arrangement between the FCHR and the EEOC. This approach keeps options open while attorneys evaluate which forum is more favorable.
The better path depends on the facts, including employer size, the type of discrimination, the damages at stake, and the applicable deadlines, including the commencement periods affected by HB 1407.
What Should Florida Employees Do If They Face Workplace Discrimination?
If you are experiencing workplace discrimination, taking organized steps early protects your legal options. Consider the following practical steps, each of which can strengthen your legal position from the outset:
- Preserve evidence: Save relevant emails, texts, performance reviews, and pay records in a safe place outside of work systems.
- Report internally: Follow your employer’s complaint procedure, where one exists, which can be important to your legal position later.
- Note witnesses: Identify coworkers who saw or heard the conduct.
- Contact an attorney before filing: A consultation early in the process helps you avoid missed deadlines and procedural mistakes.
Experienced Legal Help for Florida Workplace Discrimination Claims
Florida’s recent changes to employment discrimination procedures have added new deadlines that can affect your right to bring a claim. Because FCRA administrative complaints generally must be filed within 365 days and HB 1407 adds separate court-filing deadlines, waiting too long can cost you the right to pursue an otherwise valid claim. Acting quickly is the single most important thing you can do.
Founding partners Jason D. Berkowitz and Anisley Tarragona bring substantial experience handling Florida employment discrimination claims. At BT Law Group, PLLC, we handle charges before the FCHR and the EEOC’s Miami District Office and litigate cases in Miami-Dade Circuit Court and the U.S. District Court for the Southern District of Florida. Our team covers every stage, from the initial agency charge through trial.
Call BT Law Group, PLLC at (305) 507-8506 today for a consultation. Our office is located at 3050 Biscayne Blvd, Suite 205, in Miami, and we serve workers throughout Miami-Dade County, Broward County, Coral Gables, and Hialeah.
Frequently Asked Questions About HB 1407 in Florida
Does HB 1407 apply to discrimination that happened before it passed?
Whether the new procedural rules reach earlier conduct depends on how the specific provisions are applied to your timeline. Because retroactivity questions can be complex, anyone with a claim arising before mid-2026 should have an attorney review which deadlines apply.
What is the filing deadline under HB 1407?
Generally, the administrative complaint under Florida law must be filed within 365 days of the alleged discriminatory act. HB 1407 then adds separate court-filing deadlines, so workers should track both the agency-filing deadline and the later lawsuit deadline.
Can my employer retaliate against me for filing a discrimination complaint?
No. The Florida Civil Rights Act makes it unlawful for an employer, employment agency, labor organization, or joint labor-management committee to discriminate against a person because that person opposed an unlawful employment practice or participated in an investigation, proceeding, or hearing. Retaliation may also be a separate legal claim under federal law.
Does HB 1407 apply to harassment claims, not just discrimination?
Harassment can be actionable as workplace discrimination when it is based on a protected characteristic and affects the terms or conditions of employment, such as by creating a hostile work environment as a matter of law. HB 1407 does not create a new harassment claim; it affects the timing for certain FCRA civil actions after the administrative process.
What if I already filed a claim before HB 1407 passed?
If you have a pending charge or lawsuit, the procedural changes may affect your remaining deadlines. An attorney can review where your case stands and whether the new commencement rules change any upcoming dates.
How is HB 1407 different from Miami-Dade County’s local anti-discrimination ordinance?
HB 1407 amends state procedure under the Florida Civil Rights Act, while the Miami-Dade County Human Rights Ordinance is a separate local law that can cover some workers the state statute may not, including those at smaller employers. A worker may have rights under both state and local law, depending on the facts, so an attorney can help identify every available protection.
