Updated

Updated · freedomforallamericans.org · Jun 16

Florida Sets 1-Year FCRA Lawsuit Deadline Under HB 1407, With 18-Month Limit After Agency Silence

Updated

Updated · freedomforallamericans.org · Jun 16

Florida Sets 1-Year FCRA Lawsuit Deadline Under HB 1407, With 18-Month Limit After Agency Silence

Q: How will Florida's new law affect discrimination claims filed before its July 1, 2026 effective date?

Claims filed before July 1, 2026 likely will not be governed by Florida’s new FCRA lawsuit deadlines, but the transition is not entirely settled. The strongest indication from the available material is that HB 1407 applies prospectively, meaning actions filed on or after July 1, 2026 fall under the new rules, while claims already filed before that date remain under the prior framework. Under that older framework, some Florida cases had allowed longer periods, including reliance on a four-year statute of limitations in certain circumstances because of uncertainty over whether an EEOC right-to-sue notice triggered the state deadline. The complication is for cases already in the pipeline before July 1, 2026 but not yet sued on by that date. The reporting and related legal analysis note that the law does not clearly spell out how it applies to these “straddle” claims. That leaves room for litigation over whether the new one-year or 18-month deadlines can be imposed on complaints filed with the EEOC or FCHR before the effective date if the court action is filed afterward. In practical terms, workers and employers should not assume older deadlines automatically control in every pending matter. Anyone with a pre-July 1, 2026 discrimination charge that has not yet reached court should treat the new deadlines as a serious risk and get legal advice quickly. Missing the shorter deadline could still trigger a dismissal if a court finds the new law applies.

1 articles · Updated · freedomforallamericans.org · Jun 16

July 1, 2026 marks the start of Florida’s new FCRA lawsuit clock: workers get 1 year from the earlier of an FCHR reasonable-cause finding or an EEOC right-to-sue notice, or 18 months after filing if neither agency acts within 180 days.
HB 1407 is meant to end disputes over when Florida state-law claims expire after appellate courts split on whether an EEOC right-to-sue letter also triggered the FCRA filing period.
300 days remains the usual deadline to file an EEOC charge in Florida, while FCHR complaints must be filed within 365 days; federal lawsuits still generally must be filed within 90 days after receiving an EEOC notice.
35 days can still decide a case after an FCHR no-cause finding, because workers must request an administrative hearing within that window or risk losing the claim.
Florida workers and employers now face a stricter compliance regime, with internal HR complaints or appeals not stopping agency clocks and written dual-filing confirmation becoming more important.