MIAMI, FL – September 1, 2026 – Florida workers considering a workplace discrimination claim face new procedural deadlines following the passage of House Bill 1407, a reform that changes how and when certain civil actions must be brought under the Florida Civil Rights Act. Miami employment discrimination attorney Jason D. Berkowitz of BT Law Group, PLLC (https://btattorneys.com/what-is-florida-house-bill-1407/) has published guidance explaining what the new law changes, who remains protected, and the steps employees should take to preserve their rights.
According to Miami employment discrimination attorney Jason D. Berkowitz, HB 1407 was approved by the Governor on May 22, 2026, and becomes effective July 1, 2026, as a procedural amendment to Section 760.11 of the Florida Statutes. “This bill does not create new protected classes, but it changes the timeline of a discrimination case in ways that can determine whether a valid claim survives,” Berkowitz explains. The measure passed unanimously, 108-0 in the House and 37-0 in the Senate.
Miami employment discrimination attorney Jason D. Berkowitz notes that the legislation does two main things. It eliminates the requirement that the Florida Commission on Human Relations send certain complaint and reasonable-cause determination notices by registered mail, and it establishes court-filing deadlines for certain Florida Civil Rights Act civil actions. Under the new rule, a lawsuit must be filed no later than one year after the earlier of an FCHR reasonable-cause determination or an Equal Employment Opportunity Commission Notice of Right to Sue, or no later than 18 months after the complaint is filed if neither event occurs within 180 days.
Berkowitz emphasizes that these changes affect procedure and timing, not the substance of who is protected. The Florida Civil Rights Act continues to protect employees who work for employers with 15 or more workers and who experience discrimination based on characteristics recognized under Section 760.10, including race and color, religion, gender and pregnancy, national origin, age, disability, and marital status. “The categories of unlawful discrimination have not changed,” he observes. “What has changed is how quickly workers must move once the administrative process concludes.”
The firm points out that most employment discrimination claims in Florida cannot be filed directly in court. The process generally begins with an administrative charge filed with the FCHR or the EEOC, and because the two agencies maintain a work-sharing agreement, many claims may be dual-filed to preserve both state and federal rights. Attorney Tarragona notes that the administrative complaint generally must be filed within 365 days of the alleged violation, after which HB 1407’s separate court-filing deadlines apply.
Anisley Tarragona, a founding partner of BT Law Group, PLLC, advises that misunderstanding when a deadline begins can jeopardize an otherwise strong case. “A missed procedural step can end a claim before its merits are ever heard,” Tarragona says. “Workers should track both the agency-filing deadline and the later lawsuit deadline, and early consultation is the best way to avoid costly mistakes.” For Miami workers, cases typically proceed in Miami-Dade Circuit Court within the Eleventh Judicial Circuit or in the U.S. District Court for the Southern District of Florida when federal claims or diversity jurisdiction are involved.
The team also addresses available remedies. A worker who prevails on a Florida Civil Rights Act claim may recover back pay, compensatory damages for emotional distress, punitive damages, and reasonable attorney’s fees and costs under Section 760.11. Berkowitz clarifies that HB 1407 did not alter the damages structure. Punitive damages in FCRA cases generally remain capped at $100,000, while back pay, compensatory damages, and attorney’s fees are authorized separately from that cap.
Attorney Berkowitz highlights that Florida workers are often protected by both state and federal law at the same time, including Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. Federal law sets compensatory and punitive damages caps ranging from $50,000 to $300,000 based on employer size, while Florida law caps punitive damages at $100,000 but allows back pay and compensatory damages outside that limit. Because HB 1407 changed only Florida procedure, the federal framework is unaffected, making dual-filing a strategy worth evaluating in many Miami cases.
The firm serves workers throughout Miami-Dade County, including Coral Gables and Hialeah, and nearby Broward County communities such as Fort Lauderdale and Hollywood. For those who believe they have experienced workplace discrimination, contacting an employment discrimination attorney early may help preserve evidence, satisfy every procedural prerequisite, and protect the right to pursue a claim before the applicable deadlines expire.
About BT Law Group, PLLC:
BT Law Group, PLLC is a Miami-based employment law firm led by founding partners Jason D. Berkowitz and Anisley Tarragona, representing employees in discrimination, harassment, retaliation, wrongful termination, and wage and hour matters throughout South Florida. The firm handles charges before the FCHR and the EEOC’s Miami District Office and litigates in Miami-Dade Circuit Court and the U.S. District Court for the Southern District of Florida. The office is located at 3050 Biscayne Blvd, Suite 205, in Miami. For consultations, call (305) 507-8506.
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Media ContactCompany Name: BT Law Group, PLLCContact Person: Jason D. BerkowitzEmail: Send EmailPhone: (305) 507-8506Address:3050 Biscayne Blvd STE 205 City: MiamiState: FL 33137Country: United StatesWebsite: https://btattorneys.com/
