What happens if the Florida commission never rules on my complaint?

The statute anticipates it. Section 760.11(3) requires the commission to determine whether there is reasonable cause within 180 days after the complaint is filed. Section 760.11(8)(a) then allows the aggrieved person to proceed as if the commission had determined that there was reasonable cause where the commission fails to conciliate or determine within that time. Note the date your complaint was filed and count the 180 days from it, because the next step becomes available whether or not you hear anything.

The Florida commission found no reasonable cause. What do I do now?

Move quickly, because this is the shortest clock in the chapter. Section 760.11(7) gives a person who receives a determination of no reasonable cause 35 days to request an administrative hearing, and provides that if the aggrieved person does not request a hearing within the 35 days, the claim will be barred. Thirty five days is far shorter than the 365 days you had to file in the first place. Get the determination in front of a Florida employment lawyer the week it arrives.

How long do I have to file a harassment lawsuit in Florida?

This is one to confirm with a lawyer rather than settle from a web page. Section 760.11(5) provides that a civil action shall be commenced no later than one year after the date of determination of reasonable cause by the commission or the issuance of a Notice of Right to Sue by the EEOC, whichever is earlier, and that where no determination of reasonable cause is made within 180 days after the filing of the complaint, an action may be commenced no later than 18 months after the filing of the complaint. Section 760.11(8) separately refers to a period of one year after the date the commission certifies that the notice was mailed. The dates in your own file decide which applies, and the cost of guessing is the claim.

My Florida employer has fewer than 15 employees. Do I have a claim?

Probably not under either law, and this is the honest answer for Florida. Section 760.02(7) defines employer as any person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, which is the federal Title VII test copied across. Florida has no lower threshold for sexual harassment, unlike Texas. Some states reach an employer with a single employee, but Florida is not one of them, so a worker at a small Florida company should ask a lawyer about claims outside the civil rights statute.

What kinds of harassment does Florida law cover?

Section 760.10(1)(a) makes it unlawful to discriminate against an individual with respect to compensation, terms, conditions or privileges of employment because of that individual's race, color, religion, sex, pregnancy, national origin, age, handicap or marital status. Marital status is the one basis on that list that goes beyond the federal statutes, and Section 760.10(9)(d) narrows it where the status is prohibited under an employer's antinepotism policy. Sexual orientation and gender identity are not written into Section 760.10, so a claim for that conduct is argued through sex rather than through Florida statutory text, which is a question for a Florida employment lawyer.

Does my employer have to provide harassment training in Florida?

The Florida Civil Rights Act imposes no harassment training requirement. Florida instead has a provision running the other way: Section 760.10(8)(a) provides that subjecting an individual, as a condition of employment, to training, instruction or any other required activity that espouses, promotes, advances, inculcates or compels the individual to believe certain listed concepts is itself discrimination based on race, color, sex or national origin under the section, while Section 760.10(8)(b) preserves objective discussion of those concepts. That provision is on the books and its application to employers has been the subject of litigation, so ask a Florida employment lawyer how it bears on your situation.

Filing a Workplace Harassment Complaint in Florida

Reviewed by DocDraft Legal Team - Florida - Last updated September 15, 2026

A workplace harassment complaint in Florida goes to the Florida Commission on Human Relations, created by Fla. Stat. Section 760.03(1) as part of the Florida Civil Rights Act of 1992. The commission step comes first. Section 760.11(1) allows a person aggrieved by a violation of Sections 760.01 to 760.10 to file a complaint with the commission, and the rest of Section 760.11 builds every route to court on top of that filing. The deadline is 365 days of the alleged violation. That is a literal day count in the statute, and it is longer than the federal charge deadline of 180 days, or 300 days where a state agency enforces a parallel law. A Florida worker who has missed the EEOC window can still have a live state complaint. The same subsection protects a complaint filed somewhere else: where the complaint is filed instead with the EEOC or a fair employment practice agency, the date of filing with the commission is the earliest date of filing with the EEOC, the fair employment practice agency, or the commission. Coverage is where Florida gives nothing. Section 760.02(7) defines employer as any person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person. That is the federal Title VII test, including the 20 week counting rule. There is no smaller threshold for sexual harassment. If your Florida employer has fewer than 15 employees, the state law does not reach it any more than the federal law does, which is the opposite of what a reader who has seen California or New York numbers will expect. The part of Florida practice that catches people is what happens after the commission acts. Section 760.11(4) gives the aggrieved person a choice between a civil action and an administrative hearing, and says in terms that the election is the exclusive procedure available under the act. There are shorter clocks layered on top of it, including a 35 day bar in Section 760.11(7). If your situation involves assault, threats or stalking, contact emergency services and speak with an attorney rather than working from a complaint form.

Find out where you stand in Florida

Where are you with the harassment complaint?

DocDraft provides document preparation, not legal advice.

How long do I have to file a workplace harassment complaint in Florida?

365 days. Fla. Stat. Section 760.11(1) allows a person aggrieved by a violation of Sections 760.01 to 760.10 to file a complaint with the Florida Commission on Human Relations within 365 days of the alleged violation. The statute uses a literal day count rather than saying one year, and it runs from the violation itself. That is longer than the federal charge deadline, which is 180 days and extends to 300 days where a state agency enforces a law prohibiting the same discrimination.

Do I have to file with a state agency before I can sue for harassment in Florida?

Yes. Section 760.11(1) makes the complaint to the Florida Commission on Human Relations the starting point, and every route to court in Section 760.11 is built on that filing. A complaint filed in lieu with the Equal Employment Opportunity Commission or a fair employment practice agency counts for this purpose under the same subsection. Going straight to court without the complaint leaves out the step the statute uses to open the courthouse.

Do I have to choose between a lawsuit and an FCHR hearing in Florida?

Yes, and the statute calls the choice exclusive. Section 760.11(4) provides that after a determination of reasonable cause the aggrieved person may either bring a civil action or request an administrative hearing under Sections 120.569 and 120.57, and that the election of one is the exclusive procedure available under the act. Choosing the administrative hearing gives up the civil action and the remedies available in it. Talk to a Florida employment lawyer before making the election rather than after.

Florida gives you longer to file than the federal agency does, then asks you to make a choice you cannot take back.

Florida requires the commission step before court. Section 760.11(1) sets the complaint with the Florida Commission on Human Relations as the starting point for any claim under Sections 760.01 to 760.10, and Section 760.11(4) then describes the routes that open once the commission has made a determination. A complaint filed in lieu with the EEOC or with a fair employment practice agency counts for this purpose. Start with the complaint and keep proof of the date.

Relevant Laws

Fla. Stat. Section 760.11(1): 365 Days to File an FCHR Complaint

A person aggrieved by a violation of Sections 760.01 to 760.10 may file a complaint with the Florida Commission on Human Relations within 365 days of the alleged violation. The period runs from the violation itself.

Fla. Stat. Section 760.02(7): Fifteen Employees, the Same Test as Title VII

Employer means any person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person. Florida has no lower threshold for sexual harassment.

Fla. Stat. Section 760.10(1)(a): Bases Covered by the Florida Civil Rights Act

The act reaches discrimination in compensation, terms, conditions or privileges of employment because of race, color, religion, sex, pregnancy, national origin, age, handicap or marital status. Section 760.10(9)(d) limits the marital status basis where an antinepotism policy applies.

Fla. Stat. Section 760.11(3): 180 Days for the Commission to Determine Cause

The commission must determine whether there is reasonable cause within 180 days after the complaint is filed. Calendar that date from your own filing date rather than waiting to hear from the agency.

Fla. Stat. Section 760.10(8): Florida's Provision on Required Training

Florida imposes no harassment training mandate. It instead treats subjecting an individual, as a condition of employment, to required training that compels belief in certain listed concepts as discrimination under the section, while preserving objective discussion of them.

Regional Variances

How Florida differs

The Florida deadline is 365 days of the alleged

The Florida deadline is 365 days of the alleged violation, under Section 760.11(1). It is written as a day count rather than as one year, and it is longer than the 180 or 300 days the EEOC allows. The statute says the alleged violation and does not add a discovery rule or a last incident rule, so do not assume a later start date than the conduct itself. Someone who has already missed the federal window should still ask about the state one.

Filing with the EEOC can preserve the Florida date.

Filing with the EEOC can preserve the Florida date. Section 760.11(1) provides that where a complaint is filed with the EEOC or a fair employment practice agency instead, the date the complaint is filed with the commission is the earliest date of filing with the Equal Employment Opportunity Commission, the fair employment practice agency, or the commission. That is a protection for cross filers, not an invitation to skip the state route. Ask each agency to confirm in writing what it received and when.

Florida copies the federal employer size test exactly, and

Florida copies the federal employer size test exactly, and for a small employer that is the whole answer. Section 760.02(7) defines employer as any person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person. Unlike Texas, Florida has no lower threshold for sexual harassment. A worker at a six person Florida company has no state claim and no federal claim, which is the reverse of the position in states that reach a one employee employer.

Suggested Compliance Checklist

Fla. Stat. Section 760.11(4): The Election of Procedure Is Exclusive

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After a determination of reasonable cause the aggrieved person may bring a civil action or request an administrative hearing under Sections 120.569 and 120.57, and the election of one is the exclusive procedure available under the act.

Fla. Stat. Section 760.11(7): 35 Days to Request a Hearing After a No Cause Finding

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A person who receives a determination of no reasonable cause and does not request an administrative hearing within 35 days has a barred claim. This is the shortest period in the chapter.

Fla. Stat. Section 760.11(5) and (8): Confirm the Court Deadline on Your Own Dates

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Section 760.11(5) measures the civil action period from the determination of reasonable cause, an EEOC Notice of Right to Sue, or the filing of the complaint where no determination was made, and Section 760.11(8) refers to a period running from the commission's certification of mailing. Have a lawyer confirm which applies.

Fla. Stat. Section 760.10(8): Florida's Provision on Required Training

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Task	Description	Document	Days after starting
Fla. Stat. Section 760.11(4): The Election of Procedure Is Exclusive	After a determination of reasonable cause the aggrieved person may bring a civil action or request an administrative hearing under Sections 120.569 and 120.57, and the election of one is the exclusive procedure available under the act.	-	See your deadline
Fla. Stat. Section 760.11(7): 35 Days to Request a Hearing After a No Cause Finding	A person who receives a determination of no reasonable cause and does not request an administrative hearing within 35 days has a barred claim. This is the shortest period in the chapter.	-	See your deadline
Fla. Stat. Section 760.11(5) and (8): Confirm the Court Deadline on Your Own Dates	Section 760.11(5) measures the civil action period from the determination of reasonable cause, an EEOC Notice of Right to Sue, or the filing of the complaint where no determination was made, and Section 760.11(8) refers to a period running from the commission's certification of mailing. Have a lawyer confirm which applies.	-	See your deadline
Fla. Stat. Section 760.10(8): Florida's Provision on Required Training	Florida imposes no harassment training mandate. It instead treats subjecting an individual, as a condition of employment, to required training that compels belief in certain listed concepts as discrimination under the section, while preserving objective discussion of them.	-	See your deadline

Frequently Asked Questions

Other Florida guides

Adverse Possession in Florida: Seven Years and Two Very Different Routes

Asset Protection Planning in Florida (2026)

Dealing With Debt Collectors in Florida (2026)

Expunging a Criminal Record in Florida (2026)

Filing Chapter 7 Bankruptcy in Florida (2026)

Firing an Employee in Florida (2026)

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