Florida Civil Rights Act Complaint (Employment / Housing / Public Accommodation)

FLORIDA CIVIL RIGHTS ACT COMPLAINT

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties, Jurisdiction, and Venue
4. Exhaustion of Administrative Remedies
5. Factual Allegations
6. Count I — Unlawful Discrimination, Florida Civil Rights Act, Fla. Stat. § 760.10
7. Count II — Retaliation, Florida Civil Rights Act, Fla. Stat. § 760.10(7)
8. Count III — Hostile Work Environment, Fla. Stat. § 760.10
9. Count IV — Parallel Federal Claim — Title VII / Section 1981 / ADA / ADEA / FHA
10. Count V — Florida Fair Housing Act, Fla. Stat. §§ 760.23–760.37 (if applicable)
11. Damages
12. Prayer for Relief
13. Demand for Trial by Jury
14. Reservation of Rights
15. Signature, Service, and Verification
16. Certificate of Service
17. Florida Practice Notes
18. Sources and References

1. CAPTION

IN THE CIRCUIT COURT OF THE [____] JUDICIAL CIRCUIT

IN AND FOR [COUNTY] COUNTY, FLORIDA

CIVIL DIVISION

CASE NO.: [________________________________]

VERIFIED COMPLAINT AND DEMAND FOR JURY TRIAL

2. INTRODUCTION

1. This is an action for compensatory damages, punitive damages, declaratory and injunctive relief, attorney's fees, and costs arising out of Defendants' unlawful discriminatory practices in violation of the Florida Civil Rights Act of 1992, Fla. Stat. §§ 760.01–760.11 ("FCRA"), and parallel federal civil rights laws.

2. Plaintiff alleges that Defendants discriminated against Plaintiff on the basis of [race / color / religion / sex / pregnancy / national origin / age / disability / marital status / HIV status / familial status] in [employment / housing / public accommodation] and retaliated against Plaintiff for engaging in protected activity.

3. The amount in controversy exceeds the jurisdictional minimum of this Court, exclusive of interest, costs, and attorney's fees.

3. PARTIES, JURISDICTION, AND VENUE

4. Plaintiff [PLAINTIFF NAME] is, and was at all material times, a resident of [COUNTY] County, Florida, and a member of the protected class(es) of [PROTECTED CLASS].

5. Defendant [EMPLOYER / ENTITY NAME] is a [Florida corporation / foreign corporation authorized to do business in Florida / sole proprietorship / individual] with its principal place of business at [ADDRESS], and is an "employer" within the meaning of Fla. Stat. § 760.02(7) (employing fifteen or more employees) [and / or a "person" subject to the Florida Fair Housing Act under Fla. Stat. § 760.22].

6. [Individual Defendant Name] is a resident of [COUNTY / STATE] and at all material times was acting within the course and scope of employment with Defendant [EMPLOYER] [and is sued in his/her individual capacity to the extent permitted by law].

7. This Court has subject-matter jurisdiction pursuant to Fla. Stat. § 26.012 and § 760.11(5).

8. Venue is proper in [COUNTY] County under Fla. Stat. § 47.011 because the unlawful employment [/ housing / public accommodation] practice occurred there and/or Defendant resides or maintains its principal place of business in this County. Venue is also proper in any county in which a respondent has its principal office under Fla. Stat. § 760.11(5).

4. EXHAUSTION OF ADMINISTRATIVE REMEDIES

9. On [FILING DATE], Plaintiff filed a timely Charge of Discrimination, FCHR No. [________] [/ EEOC No. ________], with the Florida Commission on Human Relations ("FCHR") [and the U.S. Equal Employment Opportunity Commission ("EEOC") under the FCHR/EEOC work-share agreement]. The Charge was filed within 365 days of the alleged violation as required by Fla. Stat. § 760.11(1).

10. [Select one — delete inapplicable subparagraphs:]

a. On [DATE], the FCHR issued a Determination of Reasonable Cause. This action is timely filed within one (1) year of that determination as required by Fla. Stat. § 760.11(5).

b. More than 180 days have elapsed since the filing of Plaintiff's Charge with no determination by the FCHR. Pursuant to Fla. Stat. § 760.11(8), Plaintiff is authorized to proceed in circuit court as though reasonable cause had been found, and this action is filed within one (1) year of FCHR's certification of mailing.

c. The EEOC issued a Notice of Right to Sue on [DATE], attached as Exhibit A, and this action is filed within ninety (90) days of receipt thereof as required by 42 U.S.C. § 2000e-5(f)(1).

11. All conditions precedent to the maintenance of this action have been satisfied, waived, or excused.

5. FACTUAL ALLEGATIONS

12. Plaintiff was hired by Defendant on or about [DATE] as a [POSITION].

13. At all material times, Plaintiff performed Plaintiff's job duties satisfactorily and met or exceeded Defendant's legitimate expectations.

14. [Describe the protected status of Plaintiff and Defendant's knowledge thereof — e.g., "Plaintiff is an African-American female, age 52, who suffers from a qualifying disability under Fla. Stat. § 760.10 and the ADA."]

15. Beginning on or about [DATE], Plaintiff was subjected to [describe adverse actions: failure to promote, demotion, pay disparity, harassment, denial of accommodation, termination, eviction, refusal of service, etc.].

16. [Describe each material incident chronologically — date, decisionmaker, witnesses, comparator evidence, statements showing animus.]

17. [Describe Plaintiff's protected activity, if any — internal complaint, EEOC/FCHR charge, opposition to discriminatory practice.]

18. [Describe the close temporal proximity, suspicious timing, or other facts establishing causation between protected status / activity and adverse action.]

19. Similarly situated individuals outside Plaintiff's protected class were treated more favorably, including [NAME(S) and comparator facts].

20. Defendant's stated reasons for the adverse action are pretextual, as evidenced by [shifting explanations / departure from policy / statistical disparity / contemporaneous discriminatory remarks].

21. As a direct and proximate result of Defendant's unlawful conduct, Plaintiff has suffered lost wages and benefits, emotional distress, mental anguish, loss of dignity, humiliation, damage to professional reputation, and other compensatory damages.

6. COUNT I — UNLAWFUL DISCRIMINATION, FLORIDA CIVIL RIGHTS ACT, Fla. Stat. § 760.10

22. Plaintiff realleges and incorporates Paragraphs 1 through 21.

23. At all material times, Defendant was an "employer" within the meaning of Fla. Stat. § 760.02(7).

24. Plaintiff is a member of a protected class under Fla. Stat. § 760.10(1)(a).

25. Plaintiff was qualified for the position and performed Plaintiff's duties satisfactorily.

26. Plaintiff suffered an adverse employment action — specifically, [describe].

27. The adverse action was taken because of Plaintiff's [race / color / religion / sex / pregnancy / national origin / age / disability / marital status], in violation of Fla. Stat. § 760.10(1).

28. Defendant's conduct was intentional, willful, and undertaken with malice or with reckless indifference to Plaintiff's protected rights, entitling Plaintiff to punitive damages under Fla. Stat. § 760.11(5), subject to the $100,000 statutory cap.

7. COUNT II — RETALIATION, FLORIDA CIVIL RIGHTS ACT, Fla. Stat. § 760.10(7)

29. Plaintiff realleges and incorporates Paragraphs 1 through 21.

30. Plaintiff engaged in protected activity under Fla. Stat. § 760.10(7) by [opposing discriminatory practice / filing internal or FCHR/EEOC charge / participating in investigation] on or about [DATE].

31. Defendant knew of Plaintiff's protected activity.

32. Shortly thereafter, on [DATE], Defendant subjected Plaintiff to a materially adverse action that would dissuade a reasonable person from engaging in protected activity.

33. There is a causal connection between Plaintiff's protected activity and the adverse action, established by close temporal proximity, departure from established practice, and direct evidence of retaliatory animus.

34. Defendant's retaliation violates Fla. Stat. § 760.10(7) and entitles Plaintiff to all relief available under Fla. Stat. § 760.11(5).

8. COUNT III — HOSTILE WORK ENVIRONMENT, Fla. Stat. § 760.10

35. Plaintiff realleges and incorporates Paragraphs 1 through 21.

36. Plaintiff was subjected to severe or pervasive harassment based on Plaintiff's [protected characteristic], including [describe specific incidents, frequency, content of statements, and identity of harassers].

37. The harassment was unwelcome, was based on Plaintiff's protected status, and altered the terms and conditions of Plaintiff's employment.

38. Defendant knew or should have known of the harassment and failed to take prompt remedial action.

39. Defendant is liable under traditional agency principles and the standards adopted by Florida courts construing Fla. Stat. § 760.10 in pari materia with Title VII.

9. COUNT IV — PARALLEL FEDERAL CLAIM

40. Plaintiff realleges and incorporates Paragraphs 1 through 21.

41. Defendant's conduct also violates [Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2 / 42 U.S.C. § 1981 / the Americans with Disabilities Act, 42 U.S.C. § 12112 / the Age Discrimination in Employment Act, 29 U.S.C. § 623 / the Fair Housing Act, 42 U.S.C. § 3604].

42. Plaintiff has exhausted all required administrative remedies and timely filed this action within all applicable federal limitation periods.

43. Plaintiff is entitled to all remedies under the parallel federal statute, including compensatory damages, punitive damages (subject to applicable federal caps), back pay, front pay, equitable relief, attorney's fees, and costs under 42 U.S.C. § 2000e-5(g) and § 1988.

10. COUNT V — FLORIDA FAIR HOUSING ACT (Fla. Stat. §§ 760.23–760.37)

44. Plaintiff realleges and incorporates Paragraphs 1 through 21.

45. Defendant is a "person" subject to the Florida Fair Housing Act, Fla. Stat. §§ 760.20–760.37.

46. Defendant [refused to rent or sell / discriminated in the terms or conditions / made a discriminatory advertisement / refused reasonable accommodation / coerced or intimidated] Plaintiff in violation of Fla. Stat. § 760.23 because of Plaintiff's [race / color / national origin / sex / disability / familial status / religion].

47. This count is timely filed within two (2) years of the discriminatory housing practice as required by Fla. Stat. § 760.35(1) and is filed pursuant to Fla. Stat. § 760.35(3)(a).

11. DAMAGES

48. As a direct and proximate result of Defendant's unlawful conduct, Plaintiff has suffered:

a. Economic damages, including back pay, lost benefits, lost overtime, lost employer-provided health and retirement contributions, front pay, and diminished earning capacity, in an amount to be proven at trial;

b. Compensatory damages for emotional distress, mental anguish, loss of dignity, humiliation, inconvenience, and other intangible injuries within the meaning of Fla. Stat. § 760.11(5);

c. Punitive damages under Fla. Stat. § 760.11(5), subject to the statutory cap of $100,000, for Defendant's malicious or reckless conduct (not recoverable against the state or its subdivisions);

d. Attorney's fees, expert fees, and costs pursuant to Fla. Stat. § 760.11(5), § 760.35(2), and 42 U.S.C. § 2000e-5(k) / § 1988;

e. Equitable relief, including reinstatement, promotion, accommodation, removal of adverse documentation from personnel files, and injunctive relief against future violations.

12. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands judgment against Defendants, jointly and severally, granting:

• A. A declaration that Defendants' conduct violated the Florida Civil Rights Act and parallel federal civil rights statutes;
• B. Compensatory damages in an amount to be proven at trial;
• C. Punitive damages in the maximum amount allowed by law (Fla. Stat. § 760.11(5) cap of $100,000 per aggrieved person on the FCRA counts, plus separate uncapped or differently-capped punitives on the federal counts);
• D. Back pay, front pay, and lost benefits with prejudgment interest;
• E. Reinstatement to Plaintiff's prior position with full seniority and benefits, or front pay in lieu thereof;
• F. Permanent injunctive relief enjoining Defendants from further discrimination and retaliation, and ordering implementation of remedial training and policies;
• G. Reasonable attorney's fees, expert witness fees, and costs;
• H. Pre-judgment and post-judgment interest at the statutory rate;
• I. Such other and further relief as this Court deems just and proper.

13. DEMAND FOR TRIAL BY JURY

Pursuant to Fla. R. Civ. P. 1.430(b) and Fla. Stat. § 760.11(5), Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right.

14. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint pursuant to Fla. R. Civ. P. 1.190 to assert additional claims, add parties, or conform to the evidence as discovery may reveal.

15. SIGNATURE, SERVICE, AND VERIFICATION

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Florida Bar No. [________]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, FL ZIP]

Telephone: [____________]

Primary E-mail: [__________________]

Secondary E-mail: [__________________]

VERIFICATION

STATE OF FLORIDA

COUNTY OF [COUNTY]

Under penalties of perjury, I, [PLAINTIFF NAME], declare that I have read the foregoing Verified Complaint and that the facts stated in it are true to my own knowledge, except as to those matters stated upon information and belief, and as to those, I believe them to be true.

[________________________________]

[PLAINTIFF NAME]

Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization, this [____] day of [_______________], 20[____], by [PLAINTIFF NAME], who is ☐ personally known to me or ☐ produced [IDENTIFICATION] as identification.

[________________________________]

Notary Public, State of Florida

(My Commission Expires: [_______________])

16. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on [__/__/____], the foregoing was filed using the Florida Courts E-Filing Portal, which will serve a true and correct copy on all counsel of record registered with the Portal pursuant to Fla. R. Jud. Admin. 2.516, and was served on Defendant by [formal service of process under Fla. R. Civ. P. 1.070 and Chapter 48, Florida Statutes / e-mail / U.S. mail] to:

[SERVICE LIST WITH ADDRESSES AND E-MAIL]

[________________________________]

[ATTORNEY NAME]

17. FLORIDA PRACTICE NOTES

• 365-day filing window — UNIQUELY LONG. Florida is one of the most plaintiff-friendly jurisdictions on filing deadlines. The FCRA gives an aggrieved person 365 days to file a Charge with the FCHR (Fla. Stat. § 760.11(1)), substantially longer than the federal 180-day default and the 300-day extension applicable in deferral states. A Charge filed only with the EEOC is automatically dual-filed with the FCHR under their work-share agreement, but practitioners should confirm dual-filing in writing to preserve the longer state window.
• Damages cap. Punitive damages on FCRA counts are capped at $100,000 per aggrieved person under Fla. Stat. § 760.11(5). The state and its political subdivisions are immune from punitive damages. Practitioners maximizing recovery commonly plead 42 U.S.C. § 1981 (no cap, no exhaustion) for race-and-ethnicity discrimination.
• Reasonable-cause path vs. 180-day path. A plaintiff may sue (a) within one year of an FCHR reasonable-cause determination, OR (b) if FCHR does not act within 180 days, within one year of FCHR's mail-certification notice. Filing too early — before the 180-day window expires without FCHR action — can result in dismissal for failure to exhaust.
• In pari materia. Florida courts construe the FCRA in conformity with Title VII, the ADA, the ADEA, and other federal civil rights statutes. Harper v. Blockbuster Entm't Corp., 139 F.3d 1385 (11th Cir. 1998); Florida Dep't of Cmty. Affairs v. Bryant, 586 So. 2d 1205 (Fla. 1st DCA 1991).
• Removal exposure. Pleading parallel federal counts permits removal under 28 U.S.C. § 1441. Plaintiffs preferring state forum should consider FCRA-only pleading; defense access to federal forum has materially affected outcomes in Florida civil rights litigation.
• Public accommodations. The FCRA covers public accommodations under § 760.08. "Lodge halls and similar facilities" of bona fide private clubs are excluded.
• Housing. The Florida Fair Housing Act (§§ 760.20–760.37) is administered by the FCHR with HUD work-share. A direct circuit-court action lies within two (2) years of the discriminatory housing practice (§ 760.35(1)).
• Attorney's fees. Prevailing FCRA plaintiffs recover reasonable fees under § 760.11(5). Prevailing FFHA plaintiffs recover fees under § 760.35(2). Federal counts add § 1988 / Title VII fee-shifting.
• Limitations interplay. Internal grievance procedures, mediation, and severance discussions do NOT toll the 365-day FCHR deadline. Calendar the deadline aggressively from the date of the discrete adverse action.

18. SOURCES AND REFERENCES

• The 2025 Florida Statutes, Chapter 760 (Florida Civil Rights Act and Fair Housing Act) — https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760.html
• Fla. Stat. § 760.10 (Unlawful employment practices) — https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.10.html
• Fla. Stat. § 760.11 (Administrative and civil remedies) — https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.11.html
• Fla. Stat. § 760.07 (Remedies for unlawful discrimination) — https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.07.html
• Florida Commission on Human Relations — https://fchr.myflorida.com/
• EEOC Florida State Resources — https://www.eeoc.gov/
• Harper v. Blockbuster Entertainment Corp., 139 F.3d 1385 (11th Cir. 1998) (FCRA construed in pari materia with Title VII).
• Joshua v. City of Gainesville, 768 So. 2d 432 (Fla. 2000) (FCRA disability standard).
• Florida Dep't of Cmty. Affairs v. Bryant, 586 So. 2d 1205 (Fla. 1st DCA 1991) (in pari materia).
• St. Petersburg Motor Club v. Cook, 567 So. 2d 488 (Fla. 2d DCA 1990) (exhaustion).
• "Defining the Hourglass — When Is a Claim Under the Florida Civil Rights Act Time Barred?" — The Florida Bar Journal — https://www.floridabar.org/the-florida-bar-journal/defining-the-hourglass-when-is-a-claim-under-the-florida-civil-rights-act-time-barred/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Florida must review and customize this document before filing. Laws, citations, court rules, and procedures change frequently; verify all authorities — and especially the 365-day FCRA Charge deadline — before use.