🇺🇸 FLORIDA EMPLOYMENT LAW — 2026 UPDATE

Florida Return to Office Mandate 2026

⚠️Informational only — not legal or tax advice.

Last Updated: December 2025
Applicable Period: 2026 and current employment regulations
Key Characteristic: No statewide private sector return to office mandate; state university mandates in effect; at-will employment framework governs private sector in Florida

RTO Mandate Florida 2026

Table of Contents

Introduction

Florida’s return to office mandate landscape primarily involves institutional policies at state universities rather than comprehensive statewide legislation. Several Florida public universities, including the University of Florida, University of South Florida, and Florida Atlantic University, issued return to office mandates in 2025 requiring employees to end remote work arrangements. However, no statewide executive order or legislation governs private sector return to office policies in Florida.

This guide compiles official information published by the Florida Commission on Human Relations, Florida Department of Management Services, and other government agencies regarding Florida’s employment framework, employee rights under state and federal anti-discrimination laws, and the accommodation process for employees affected by workplace location requirements.

Sources: Florida Commission on Human Relations, Florida Legislature, U.S. Equal Employment Opportunity Commission Miami District Office, State University System of Florida

1.1 At-Will Employment Doctrine

Florida is an at-will employment state. According to common law principles recognized by Florida courts, employment relationships may generally be terminated by either party at any time for any legal reason.

According to the Florida Supreme Court in Muller v. Stromberg Carlson Corp., 427 So. 2d 266 (Fla. 1983):

“Florida has long adhered to the common law rule that where there is no express agreement between an employer and an employee establishing a definite period of employment, the relationship is considered to be terminable at will by either party.”

Source: Florida Supreme Court decision
Citation: Muller v. Stromberg Carlson Corp., 427 So. 2d 266 (Fla. 1983)
Available at: Florida Courts case law

The Florida Department of Management Services recognizes at-will employment as the default employment relationship in Florida, subject to exceptions including:

  • Employment contracts specifying different terms
  • Collective bargaining agreements
  • Protections under anti-discrimination statutes
  • Protections against retaliation for protected activities

Important Note: At-will employment means that, absent a contract or collective bargaining agreement, private sector employers in Florida generally may establish workplace location requirements, including requiring employees to return to physical office locations. However, employers must comply with anti-discrimination laws and reasonable accommodation requirements.

1.2 State-Specific Telework Legislation

Florida Statute § 110.171 – State Employee Telework Program

Florida law establishes a telework framework for state employees only. This statute does not apply to private sector employers.

According to Florida Statutes § 110.171(1)(c):

“Telework means a work arrangement that allows a state employee to conduct all or some of his or her work away from the official worksite during all or a portion of the state employee’s established work hours on a regular basis.”

Source: Florida Statutes § 110.171
Official text available at: https://www.flsenate.gov/Laws/Statutes/2023/110.171
Last amended: 2013
Applies to: State government employees only

According to Florida Statutes § 110.171(2):

“An agency may establish telework as an integral part of the normal business operations of the agency and require that specific work be performed through telework arrangements. Telework may also be used as part of an agency’s continuity of operations plan where appropriate. An agency shall provide telework as an optional alternative work arrangement to support employee needs and implement telework arrangements where deemed appropriate.”

Key Provisions:

  • State agencies may designate positions appropriate for telework
  • Agencies must develop telework plans and policies
  • Telework agreements must address performance standards, security, and equipment
  • Agencies may terminate telework arrangements

Critically Important: This statute applies only to Florida state government employees. Private sector employers are not subject to Florida Statute § 110.171 and may establish their own workplace policies.

1.3 State University Return to Office Mandates (2025)

Several Florida public universities issued return to office mandates in 2025:

University of Florida

Document: Email from Interim President Kent Fuchs
Date: July 24, 2025
Announcement: Full return to in-person work over 30 days for employees working under remote or hybrid arrangements

According to the announcement:

“To that end, I have asked UF Human Resources (UFHR) to oversee a full return to in-person work over the next 30 days for employees currently working under remote or hybrid arrangements.”

Source: University of Florida administration
Reported: July 24, 2025
Applies to: UF employees (faculty and staff policies may vary by college)

University of South Florida

Document: Email from President Rhea Law and Board of Trustees Chair Will Weatherford
Date: August 2025
Effective Date: September 2, 2025
Announcement: Full return to in-person work for all employees

According to the announcement:

“This shift aligns with broader trends across industries and will help USF realize further opportunities for cross-functional collaboration, mentorship and long-term success.”

Source: University of South Florida administration
Effective: September 2, 2025
Applies to: USF employees across Tampa, St. Petersburg, Sarasota-Manatee, and USF Health locations

Florida Atlantic University

According to reports, FAU announced similar return to office policies in 2025.

Important: These mandates apply to employees of these specific institutions. They do not establish requirements for other employers in Florida, including private sector employers or other state agencies.

1.4 No Statewide Private Sector RTO Mandate

Legislative Research Results

As of December 22, 2025, searches of the Florida Legislature website reveal:

No specific statutes enacted governing private sector return to office mandates.

Search conducted:

  • Website: https://www.flsenate.gov/
  • Date: December 22, 2025
  • Search terms: “return to office”, “remote work mandate”, “telework requirements”, “workplace location requirements”

Result: No relevant legislation identified for private sector employers

General Employment Framework Applies:

  • At-will employment (common law principle)
  • Florida Civil Rights Act of 1992 (Chapter 760, Florida Statutes)
  • Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)
  • Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.)
  • Age Discrimination in Employment Act (29 U.S.C. § 621 et seq.)
  • Family and Medical Leave Act (29 U.S.C. § 2601 et seq.)

Competent Government Agencies

2.1 Florida Commission on Human Relations

The Florida Commission on Human Relations enforces the Florida Civil Rights Act of 1992 and handles employment discrimination complaints.

Official Contact Information:

  • Official website: https://fchr.myflorida.com/
  • Physical address: 4075 Esplanade Way, Room 110, Tallahassee, FL 32399
  • Telephone: (850) 488-7082
  • Toll-Free: 1-800-342-8170
  • Fax: (850) 487-1007
  • Email: fchrinfo@fchr.myflorida.com
  • TDD/TTY: Florida Relay Service 711
  • Hours: Monday – Friday: 8:00 AM – 5:00 PM (closed Saturday-Sunday and state holidays)

Function:

  • Investigates employment discrimination complaints
  • Enforces Florida Civil Rights Act of 1992
  • Provides mediation services
  • Issues determinations of reasonable cause or no cause
  • Conducts administrative hearings

Publications on RTO: No specific guidance on return to office mandates identified as of December 22, 2025

How to File a Complaint:

  • Online: https://fchr.myflorida.com/employment (pre-screening questionnaire available)
  • By mail: Florida Commission on Human Relations, 4075 Esplanade Way, Room 110, Tallahassee, FL 32399
  • By fax: (850) 487-1007
  • In person: Visit office during business hours
  • By phone: Call (850) 488-7082 for assistance

Filing Deadline: 365 days from the date of the alleged discriminatory act

2.2 Florida Department of Management Services

The Florida Department of Management Services oversees state employee personnel management and administers the state telework program.

Official Contact Information:

  • Official website: https://www.dms.myflorida.com/
  • Physical address: 4050 Esplanade Way, Tallahassee, FL 32399
  • Telephone: (850) 488-2786
  • Function: Administers state employee telework program under Florida Statute § 110.171; oversees state personnel management

Note: The Department of Management Services oversees state government employee matters. Private sector employers are not subject to Department of Management Services policies.

2.3 U.S. Equal Employment Opportunity Commission – Miami District Office

The EEOC Miami District Office has jurisdiction over all of Florida, Puerto Rico, and the U.S. Virgin Islands.

Miami District Office

  • Physical address: 100 SE 2nd Street, Suite 1500, Miami, FL 33131
  • Telephone: 1-800-669-4000
  • TTY: 1-800-669-6820
  • ASL Video Phone: 1-844-234-5122
  • Official website: https://www.eeoc.gov/field-office/miami
  • Online Portal: https://publicportal.eeoc.gov/
  • Hours: Monday – Friday: 8:00 AM – 4:30 PM (except federal holidays)
  • District Director: Evangeline Hawthorne
  • Regional Attorney: Kristen M. Foslid

Tampa Field Office

  • Physical address: 501 E. Polk Street, Suite 1020, Tampa, FL 33602
  • Telephone: (813) 710-9340
  • General number: 1-800-669-4000
  • Official website: https://www.eeoc.gov/field-office/tampa
  • Hours: Monday – Friday: 8:00 AM – 4:00 PM (except federal holidays)
  • Field Office Director: Tamra S. Schweiberger

Function:

  • Investigates charges of employment discrimination under federal law
  • Enforces Title VII, ADA, ADEA, EPA, GINA
  • Provides technical assistance
  • Conducts mediation
  • Pursues litigation when appropriate

Filing Deadline:

  • 180 days from discriminatory act (if no state agency involvement)
  • 300 days from discriminatory act (if dual-filing with FCHR, which is common in Florida)

How to File:

  • Online: https://publicportal.eeoc.gov/
  • By phone: 1-800-669-4000 (to schedule intake appointment)
  • In person: Schedule appointment through online portal (strongly recommended)

Applicable Statutes - Compilation

3.1 State Anti-Discrimination Laws

Florida Civil Rights Act of 1992

Florida’s primary employment anti-discrimination statute is the Florida Civil Rights Act of 1992, codified in Chapter 760, Florida Statutes.

Law Reference Protected Classes Employer Size Official Source
Florida Civil Rights Act of 1992 Fla. Stat. §§ 760.01–760.11 Race, color, religion, sex, pregnancy, national origin, age, handicap, marital status 15+ employees https://www.flsenate.gov/Laws/Statutes/2023/Chapter760
Americans with Disabilities Act (ADA) 42 U.S.C. § 12101 et seq. Disability 15+ employees https://www.ada.gov
Title VII of the Civil Rights Act of 1964 42 U.S.C. § 2000e et seq. Race, color, religion, sex, national origin 15+ employees https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
Age Discrimination in Employment Act (ADEA) 29 U.S.C. § 621 et seq. Age (40+) 20+ employees https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967

3.2 Key Statute Sections

FLORIDA CIVIL RIGHTS ACT OF 1992

LAW: Florida Civil Rights Act of 1992
REFERENCE: Florida Statutes Chapter 760, Sections 760.01-760.11
ENACTED: 1992
LAST AMENDED: Various sections amended through 2023
FULL TEXT: https://www.flsenate.gov/Laws/Statutes/2023/Chapter760
ENFORCEMENT AGENCY: Florida Commission on Human Relations

KEY PROVISIONS:

According to Florida Statutes § 760.01(2):

“The general purposes of the Florida Civil Rights Act of 1992 are to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status and thereby to protect their interest in personal dignity, to make available to the state their full productive capacities, to secure the state against domestic strife and unrest, to preserve the public safety, health, and general welfare, and to promote the interests, rights, and privileges of individuals within the state.”

According to Florida Statutes § 760.10(1):

“It is an unlawful employment practice for an employer:

(a) To discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.”

AMERICANS WITH DISABILITIES ACT

LAW: Americans with Disabilities Act of 1990
REFERENCE: 42 U.S.C. § 12101 et seq.
ENACTED: 1990
LAST AMENDED: Amended by ADA Amendments Act of 2008
FULL TEXT: https://www.ada.gov/law-and-regs/ada/
ENFORCEMENT AGENCY: U.S. Equal Employment Opportunity Commission

KEY PROVISIONS:

According to 42 U.S.C. § 12112(a):

“No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.”

According to 42 U.S.C. § 12112(b)(5)(A), discrimination includes:

“not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity”

Reasonable Accommodations - Official Framework

4.1 State Law Requirements

Florida Civil Rights Act – Accommodation Requirements

According to Florida Statutes § 760.10(1)(a), it is unlawful for an employer to discriminate based on handicap.

Florida Statute § 760.02(7) defines “Handicap” as:

“a physical or mental impairment that substantially limits one or more of a person’s major life activities, a record of having such impairment, or being regarded as having such an impairment.”

Coverage: Employers with 15 or more employees

Requirements:

  • Employers must provide reasonable accommodations to qualified individuals with disabilities
  • Accommodation must enable employee to perform essential functions of the position
  • Employer may assert undue hardship defense

Florida Commission on Human Relations Guidance:

According to FCHR published materials:

“Reasonable accommodation is a modification or adjustment to a job, the work environment, or the way things are usually done that enables a qualified individual with a disability to enjoy an equal employment opportunity.”

Source: Florida Commission on Human Relations
Available at: https://fchr.myflorida.com/

Examples of reasonable accommodations may include:

  • Modified work schedules
  • Reassignment to a vacant position
  • Modifications to workplace policies
  • Acquisition or modification of equipment
  • Telework or remote work arrangements (where feasible)
  • Leave as an accommodation

Important: Remote work may be a reasonable accommodation under the ADA and Florida Civil Rights Act when:

  1. The employee has a disability
  2. Remote work would enable the employee to perform essential functions
  3. Remote work would not pose undue hardship to the employer
  4. The position’s essential functions can be performed remotely

4.2 Federal ADA Requirements

Interactive Process Under the ADA

The ADA requires an interactive process between employer and employee to determine appropriate accommodations.

According to EEOC guidance:

STEP 1: Recognition of Accommodation Request
Employee or employee’s representative notifies employer of need for accommodation. Request need not be in writing or use specific terms like “ADA” or “accommodation.”

STEP 2: Gathering Information
Employer may request medical documentation to verify disability and need for accommodation.

STEP 3: Exploration of Accommodation Options
Employer and employee engage in flexible, interactive process to identify effective accommodations.

STEP 4: Selection of Accommodation
Employer selects effective accommodation. Employer may choose among effective options and is not required to provide employee’s preferred accommodation.

STEP 5: Implementation and Monitoring
Implement chosen accommodation and monitor effectiveness.

Source: U.S. Equal Employment Opportunity Commission
Guidance: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
Available at: EEOC website

4.3 Telework as Reasonable Accommodation

EEOC Guidance on Telework/Remote Work

According to EEOC guidance, telework may be a reasonable accommodation, even if the employer does not offer it as a perk or benefit to other employees.

The EEOC has stated:

“An employee with a disability that requires elimination of an essential function as an accommodation is not qualified. However, an employer may not refuse to allow a qualified employee with a disability to work at home because working at home would require elimination of an essential function if, in fact, the function is not essential.”

Source: EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

Factors Considered:

  • Whether position’s essential functions can be performed at home
  • Employer’s business needs
  • Whether employer already has telework infrastructure
  • Whether position requires in-person presence
  • Impact on operations

4.4 Official Forms and Resources

Florida Commission on Human Relations:

  • Employment Discrimination Complaint Form: Available at https://fchr.myflorida.com/employment
  • Pre-screening Questionnaire: Online tool to determine FCHR jurisdiction
  • Mediation Information: Available through FCHR website

U.S. Equal Employment Opportunity Commission:

Official Complaint Process

5.1 Florida Commission on Human Relations

CRITICAL INFORMATION:

Filing Deadline: 365 days from the date of the alleged discriminatory act

Source: Florida Statutes § 760.11(1)
Available at: https://www.flsenate.gov/Laws/Statutes/2023/760.11

How to File:

  1. Online: https://fchr.myflorida.com/employment
    • Complete pre-screening questionnaire
    • Submit employment discrimination complaint form electronically
  2. By Phone: (850) 488-7082 or 1-800-342-8170
    • Staff can provide assistance with filing process
  3. By Mail: Florida Commission on Human Relations
    4075 Esplanade Way, Room 110
    Tallahassee, FL 32399
  4. By Fax: (850) 487-1007
  5. In Person: Visit FCHR office during business hours (Monday-Friday, 8:00 AM – 5:00 PM)

Official Process (from FCHR website):

According to Florida Commission on Human Relations procedures:

1. Filing: Complainant files signed and verified complaint with FCHR

2. Service on Respondent: FCHR serves complaint on employer/respondent; respondent must file answer

3. Mediation/Conciliation (Optional): Parties may agree to mediation to resolve dispute before investigation. Mediation is voluntary and confidential.

4. Investigation: If not resolved through mediation, FCHR conducts investigation of allegations

Timeline: FCHR must determine reasonable cause or no cause within 180 days of complaint filing

5. Determination:

  • If Reasonable Cause Found: Complainant may elect administrative hearing or file civil lawsuit
  • If No Cause Found: FCHR dismisses complaint; complainant may petition for reconsideration

6. Administrative Hearing (if elected): Administrative Law Judge conducts hearing; recommends order to Commission

7. Final Order: Commission issues final order adopting, rejecting, or modifying recommended order

Source: Florida Commission on Human Relations
Process Description: https://fchr.myflorida.com/what-we-do
Timeline: Florida Statutes § 760.11

Contact Information:

Florida Commission on Human Relations
4075 Esplanade Way, Room 110
Tallahassee, FL 32399
Phone: (850) 488-7082
Toll-Free: 1-800-342-8170
TTY/TDD: 711 (Florida Relay Service)
Email: fchrinfo@fchr.myflorida.com
Website: https://fchr.myflorida.com/
Hours: Monday-Friday, 8:00 AM – 5:00 PM

5.2 U.S. Equal Employment Opportunity Commission (Federal)

CRITICAL INFORMATION:

Filing Deadline:

  • 180 days from discriminatory act (if not filing with state agency)
  • 300 days from discriminatory act (if dual-filing with FCHR, which is common practice in Florida)

Source: 42 U.S.C. § 2000e-5(e)(1); 29 U.S.C. § 626(d)

Dual-Filing: Florida has a worksharing agreement with EEOC. Complaints filed with FCHR are automatically cross-filed with EEOC, and vice versa. This allows complainants to preserve rights under both state and federal law.

How to File with EEOC:

  1. Online: https://publicportal.eeoc.gov/
    • Create account
    • Submit inquiry
    • Schedule intake appointment (telephone, video, or in-person)
  2. By Phone: 1-800-669-4000
    • Call to schedule intake appointment
    • Appointments available by telephone, video, or in-person
    • For those close to filing deadline, call immediately
  3. ASL Video Phone: 1-844-234-5122 (for Deaf or Hard of Hearing)
  4. In Person:
    • Miami District Office: 100 SE 2nd Street, Suite 1500, Miami, FL 33131
    • Tampa Field Office: 501 E. Polk Street, Suite 1020, Tampa, FL 33602
    • Strongly recommended: Schedule appointment in advance through online portal
    • Walk-ins accepted but appointments receive priority

Official EEOC Process:

1. Intake/Counseling: EEOC staff conducts interview to gather information about allegations

2. Charge Filing: If allegations fall within EEOC jurisdiction, formal charge filed

3. Mediation (Optional): EEOC offers voluntary mediation program; parties must agree to participate

4. Investigation: If not mediated, EEOC investigates allegations

  • Employer provides position statement
  • EEOC gathers evidence
  • Charging party may submit additional evidence

5. Determination:

  • If Reasonable Cause Found: EEOC attempts conciliation; if unsuccessful, may file lawsuit or issue Right to Sue letter
  • If No Cause Found: EEOC issues dismissal and Right to Sue letter

6. Right to Sue Letter: Charging party may file lawsuit in federal court within 90 days of receiving Right to Sue letter

Timeline: EEOC investigation typically takes 6-10 months, but varies by case complexity

EEOC Miami District Office:

100 SE 2nd Street, Suite 1500
Miami, FL 33131
Phone: 1-800-669-4000
TTY: 1-800-669-6820
ASL Video Phone: 1-844-234-5122
Website: https://www.eeoc.gov/field-office/miami
Online Portal: https://publicportal.eeoc.gov/
Hours: Monday-Friday, 8:00 AM – 4:30 PM (except federal holidays)
District Director: Evangeline Hawthorne
Regional Attorney: Kristen M. Foslid

EEOC Tampa Field Office:

501 E. Polk Street, Suite 1020
Tampa, FL 33602
Phone: (813) 710-9340
General: 1-800-669-4000
Website: https://www.eeoc.gov/field-office/tampa
Hours: Monday-Friday, 8:00 AM – 4:00 PM (except federal holidays)
Field Office Director: Tamra S. Schweiberger

Published Official Documents

6.1 State-Specific Guidance Documents

Florida Telework Statute

DOCUMENT: Florida Statutes § 110.171 – State Employee Telework Program
PUBLISHED BY: Florida Legislature
ENACTED: 1990 (as telecommuting program); amended 2008, 2012, 2013
LAST AMENDED: 2013
SUMMARY: Establishes telework framework for state government employees; requires agencies to review positions for telework eligibility; provides for telework agreements; addresses equipment, security, and performance standards; applies only to state employees, not private sector
LINK: https://www.flsenate.gov/Laws/Statutes/2023/110.171
FORMAT: HTML/Statute text
APPLICABILITY: State employees only

State University System Telework Policy

DOCUMENT: State University System of Florida Board of Governors Telework Policy
PUBLISHED BY: Florida Board of Governors
DATE: September 6, 2023 (last updated)
SUMMARY: Establishes telework policy for State University System pursuant to Florida Statute § 110.171; defines telework as privilege that may be granted on permanent or temporary basis; requires telework agreements; agency may terminate telework arrangements; endorses in-office default for employee operations
LINK: https://www.flbog.edu/telework-at-the-board-of-governors/telework-policy/
FORMAT: HTML/PDF
NOTE: Individual universities may establish their own policies consistent with Board of Governors framework

Florida Civil Rights Act

DOCUMENT: Florida Statutes Chapter 760 – Florida Civil Rights Act of 1992
PUBLISHED BY: Florida Legislature
ENACTED: 1992
LAST AMENDED: Various sections amended through 2023
SUMMARY: Establishes Florida’s anti-discrimination framework; prohibits employment discrimination based on race, color, religion, sex, pregnancy, national origin, age, handicap, marital status; applies to employers with 15+ employees; provides enforcement through Florida Commission on Human Relations
LINK: https://www.flsenate.gov/Laws/Statutes/2023/Chapter760
FORMAT: HTML/Statute text

6.2 Federal Guidance Documents

EEOC Guidance on Reasonable Accommodation

DOCUMENT: Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act
PUBLISHED BY: U.S. Equal Employment Opportunity Commission
DATE: October 17, 2002 (last updated)
SUMMARY: Comprehensive guidance on ADA reasonable accommodation requirements; addresses interactive process, types of accommodations, undue hardship defense, medical documentation
LINK: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
FORMAT: HTML/PDF

EEOC Guidance on Work at Home

DOCUMENT: Work at Home/Telework as a Reasonable Accommodation (within Reasonable Accommodation guidance)
PUBLISHED BY: U.S. Equal Employment Opportunity Commission
INCLUDED IN: Enforcement Guidance on Reasonable Accommodation
SUMMARY: Addresses when work-at-home arrangements may be reasonable accommodation under ADA; discusses factors for determining if essential functions can be performed at home
LINK: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
FORMAT: HTML/PDF

6.3 University Return to Office Announcements (2025)

University of Florida RTO Announcement

DOCUMENT: Email to UF Employees – Return to In-Person Work
ISSUED BY: Kent Fuchs, Interim President
DATE: July 24, 2025
SUMMARY: Announced full return to in-person work over 30-day period for employees under remote or hybrid arrangements; stated physical workspaces promote stronger community bonds and collaborative opportunities; acknowledged space constraints to be addressed by CFO’s Office, Provost’s Office, and Office of Construction, Facilities, and Real Estate
REPORTED: Multiple news sources including The Independent Florida Alligator, WCJB
EFFECTIVE: August 2025
APPLICABILITY: University of Florida employees

University of South Florida RTO Announcement

DOCUMENT: Email to USF Employees – Return to In-Person Work
ISSUED BY: Rhea Law (President) and Will Weatherford (Board of Trustees Chair)
DATE: August 2025
EFFECTIVE DATE: September 2, 2025
SUMMARY: Announced full return to in-person work starting September 2, 2025; stated shift aligns with broader industry trends and will enhance cross-functional collaboration, mentorship, and long-term success; acknowledged some roles may remain off-site due to nature of work, existing contracts, or space constraints
REPORTED: WUSF Public Media
EFFECTIVE: September 2, 2025
APPLICABILITY: USF employees across all campus locations

Note: These are institutional policies of specific state universities and do not constitute statewide mandates or requirements for other employers.

6.4 No State Executive Orders on Private Sector RTO

Research Conducted: December 22, 2025

Sources Searched:

Search Terms Used:

  • “return to office”
  • “remote work mandate”
  • “telework requirements”
  • “workplace location”

Result: No executive orders or legislation identified governing private sector return to office requirements

Finding: Florida has not issued statewide executive orders or enacted legislation mandating return to office for private sector employers. Private sector employment relationships are governed by at-will employment principles, anti-discrimination statutes, and contract law.

Absence of Specific Private Sector RTO Legislation

Legislative Research Results

As of December 22, 2025, comprehensive searches of the Florida Legislature website reveal:

No specific statutes enacted governing private sector return to office mandates or workplace location requirements.

Search Conducted:

  • Website: https://www.flsenate.gov/
  • Date: December 22, 2025
  • Search Terms: “return to office”, “remote work mandate”, “telework requirements”, “workplace location requirements”, “work from home mandate”
  • Bill Search: 2024 legislative session, 2025 legislative session (current)

Result: No relevant legislation identified

Existing Telework Statute Applies to State Employees Only:

Florida Statute § 110.171 establishes a telework program for state government employees. This statute does not apply to private sector employers or create any requirements for private employers regarding remote work or return to office policies.

General Employment Framework Applies to Private Sector:

Private sector employers in Florida operate under the following legal framework:

1. At-Will Employment (Common Law)

  • Employment may be terminated by either party for any legal reason
  • Employers may establish workplace policies, including location requirements
  • Subject to exceptions for contracts, collective bargaining agreements, and anti-discrimination laws

2. Anti-Discrimination Laws

  • Florida Civil Rights Act of 1992: Florida Statutes Chapter 760
  • Americans with Disabilities Act: 42 U.S.C. § 12101 et seq.
  • Title VII of Civil Rights Act: 42 U.S.C. § 2000e et seq.
  • Age Discrimination in Employment Act: 29 U.S.C. § 621 et seq.

3. Reasonable Accommodation Requirements

  • Employers must provide reasonable accommodations for disabilities
  • Remote work may be a reasonable accommodation where appropriate
  • Employers may assert undue hardship defense

4. Anti-Retaliation Protections

  • Employers may not retaliate against employees for requesting accommodations
  • Protections exist for engaging in protected activities

Practical Implications:

Private sector employers in Florida generally may:

  • Require employees to work from specific locations, including offices
  • End remote work arrangements (subject to contracts and accommodation obligations)
  • Establish hybrid work policies
  • Modify workplace location requirements

However, employers must:

  • Comply with anti-discrimination laws
  • Engage in interactive process for accommodation requests
  • Honor employment contracts and collective bargaining agreements
  • Avoid policies that have discriminatory impact

Resources & Contacts

9.1 Government Agency Directory

Florida Commission on Human Relations

  • Official Website: https://fchr.myflorida.com/
  • Telephone: (850) 488-7082
  • Toll-Free: 1-800-342-8170
  • TTY: 711
  • Function: State employment discrimination enforcement; investigates complaints under Florida Civil Rights Act

Florida Department of Management Services

  • Official Website: https://www.dms.myflorida.com/
  • Telephone: (850) 488-2786
  • Function: State employee personnel management; administers state telework program under Florida Statute § 110.171

EEOC Miami District Office

  • Official Website: https://www.eeoc.gov/field-office/miami
  • Telephone: 1-800-669-4000
  • TTY: 1-800-669-6820
  • Function: Federal employment discrimination enforcement for all of Florida, Puerto Rico, and U.S. Virgin Islands

EEOC Tampa Field Office

  • Official Website: https://www.eeoc.gov/field-office/tampa
  • Telephone: (813) 710-9340
  • General: 1-800-669-4000
  • Function: Federal employment discrimination enforcement for 23 central and western Florida counties

Florida Legislature

U.S. Department of Labor

  • Official Website: https://www.dol.gov/
  • Telephone: 1-866-487-2365
  • Function: Federal labor law enforcement; wage and hour; FMLA

9.2 Key Publications

Florida Statutes and Laws:

Federal Laws and Guidance:

Florida Commission on Human Relations Resources:

State University System:

9.3 Legal Assistance Resources

For Legal Advice (Not Information):

The Florida Bar:

Legal Aid Organizations:

Florida Legal Services:

  • Website: https://floridalegal.org/
  • Statewide Hotline: 1-800-405-1417
  • Function: Free civil legal assistance to low-income Floridians
  • Note: Eligibility requirements apply

Legal Services Organizations by Region:

Florida Bar Employment Law Resources:

Note: Government agencies provide information and enforcement, not legal advice. For advice on your specific situation, interpretation of how laws apply to you, or legal representation, consult a licensed attorney in Florida.

Frequently Asked Questions - RTO mandate Florida

What is Florida’s return to office mandate?

Florida does not have a statewide return to office mandate for private sector employers. Several Florida public universities, including the University of Florida, University of South Florida, and Florida Atlantic University, issued institutional return to office mandates in 2025 requiring their employees to return to in-person work. However, these policies apply only to employees of those specific institutions.

Florida Statute § 110.171 establishes a telework framework for state government employees, but this statute does not mandate return to office and applies only to state agencies, not private employers or universities.

Source: Florida Legislature; State University System announcements
Available at: https://www.flsenate.gov/Laws/Statutes/2023/110.171

Does Florida’s telework law apply to private employers?

No. Florida Statute § 110.171, which governs telework arrangements, applies only to Florida state government employees. The statute does not create any requirements for, or apply to, private sector employers.

According to Florida Statutes § 110.171(1)(a):

“Agency means any official, officer, commission, board, authority, council, committee, or department of state government.”

Private sector employers may establish their own workplace location policies without reference to Florida Statute § 110.171.

Source: Florida Statutes § 110.171
Available at: https://www.flsenate.gov/Laws/Statutes/2023/110.171

Can my employer force me back to the office in Florida?

In most cases, yes, if you work in the private sector. Florida is an at-will employment state, which means employment relationships generally may be terminated by either party at any time for any legal reason. Absent an employment contract or collective bargaining agreement specifying remote work, private sector employers in Florida generally may require employees to work from specific locations, including physical offices.

However, employers must comply with:

  • Anti-discrimination laws (Florida Civil Rights Act, ADA, Title VII)
  • Reasonable accommodation requirements for employees with disabilities
  • Contract terms, if applicable
  • Collective bargaining agreements, if applicable
  • Anti-retaliation protections

If you have a disability that requires remote work as an accommodation, you may request a reasonable accommodation under the ADA and Florida Civil Rights Act.

Source: Florida common law; Florida Statutes Chapter 760; 42 U.S.C. § 12101 et seq.

What are my accommodation rights under Florida law?

Under the Florida Civil Rights Act of 1992, employers with 15 or more employees must provide reasonable accommodations to qualified individuals with disabilities, unless doing so would impose an undue hardship.

According to Florida Statutes § 760.10, it is unlawful for an employer to discriminate based on handicap, which includes failing to provide reasonable accommodations.

Reasonable accommodations may include:

  • Modified work schedules
  • Reassignment to vacant positions
  • Modifications to workplace policies
  • Telework or remote work arrangements (where feasible)
  • Leave as an accommodation
  • Acquisition or modification of equipment

Interactive Process:

  1. Employee notifies employer of need for accommodation
  2. Employer may request medical documentation
  3. Parties engage in flexible, interactive discussion of accommodation options
  4. Employer selects effective accommodation
  5. Implementation and monitoring

Remote work may be a reasonable accommodation when the employee’s disability necessitates it and the position’s essential functions can be performed remotely.

Source: Florida Statutes § 760.10; Florida Commission on Human Relations guidance
Available at: https://fchr.myflorida.com/

How do I file a discrimination complaint in Florida?

You may file a discrimination complaint with either the Florida Commission on Human Relations (FCHR) or the U.S. Equal Employment Opportunity Commission (EEOC), or both simultaneously through dual-filing.

Filing with Florida Commission on Human Relations:

Deadline: 365 days from the discriminatory act

How to File:

  • Online: https://fchr.myflorida.com/employment
  • By Phone: (850) 488-7082 or 1-800-342-8170
  • By Mail: FCHR, 4075 Esplanade Way, Room 110, Tallahassee, FL 32399
  • In Person: Visit during business hours (Monday-Friday, 8:00 AM – 5:00 PM)

Filing with EEOC:

Deadline: 300 days from the discriminatory act (for Florida residents dual-filing)

How to File:

  • Online Portal: https://publicportal.eeoc.gov/
  • By Phone: 1-800-669-4000
  • Miami Office: 100 SE 2nd Street, Suite 1500, Miami, FL 33131
  • Tampa Office: 501 E. Polk Street, Suite 1020, Tampa, FL 33602

Dual-Filing: Florida has a worksharing agreement with EEOC. Filing with one agency typically results in automatic cross-filing with the other, preserving your rights under both state and federal law.

Source: Florida Statutes § 760.11; 42 U.S.C. § 2000e-5
Contact: FCHR (850) 488-7082; EEOC 1-800-669-4000

Can I request remote work as a reasonable accommodation?

Yes, you may request remote work as a reasonable accommodation if you have a disability that necessitates working remotely to perform your job’s essential functions. However, your employer is not automatically required to grant this accommodation.

Requirements for Remote Work Accommodation:

  1. You must have a disability (as defined by ADA and Florida Civil Rights Act)
  2. The accommodation must be necessary due to your disability
  3. You must be able to perform essential functions of your position remotely
  4. The accommodation must not impose undue hardship on the employer

How to Request:

  • Notify your employer you need an accommodation due to a disability
  • Explain that remote work would enable you to perform your job
  • Provide medical documentation if requested by employer
  • Engage in interactive process to explore accommodation options

Your employer must engage in the interactive process and consider remote work as an accommodation. However, if the employer can show that in-person presence is an essential function of your position or that remote work would impose undue hardship, the employer may deny remote work and propose alternative accommodations.

Source: EEOC Guidance on Reasonable Accommodation; Florida Statutes § 760.10
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

What is the Florida Civil Rights Act?

The Florida Civil Rights Act of 1992 is Florida’s primary state law prohibiting employment discrimination. The Act is codified in Chapter 760, Florida Statutes, Sections 760.01 through 760.11.

Protected Classes:

  • Race
  • Color
  • Religion
  • Sex
  • Pregnancy
  • National origin
  • Age (18 and older for general employment; 40+ for specific protections)
  • Handicap/disability
  • Marital status

Coverage: Employers with 15 or more employees (for most protected classes)

Prohibitions: The Act makes it unlawful to:

  • Discriminate in hiring, firing, compensation, or terms and conditions of employment
  • Fail to provide reasonable accommodations for disabilities
  • Retaliate against employees for opposing discrimination or participating in investigations

Enforcement: Florida Commission on Human Relations investigates complaints and enforces the Act

Remedies: Back pay, compensatory damages, punitive damages (in some cases), injunctive relief, attorney’s fees

Source: Florida Statutes §§ 760.01-760.11
Available at: https://www.flsenate.gov/Laws/Statutes/2023/Chapter760
Enforcement Agency: Florida Commission on Human Relations, (850) 488-7082

Where do I file an EEOC complaint in Florida?

You may file an EEOC complaint at either the Miami District Office or the Tampa Field Office, or through the EEOC’s online portal.

EEOC Miami District Office:

100 SE 2nd Street, Suite 1500
Miami, FL 33131
Phone: 1-800-669-4000
TTY: 1-800-669-6820
Hours: Monday-Friday, 8:00 AM – 4:30 PM (except federal holidays)
Website: https://www.eeoc.gov/field-office/miami

EEOC Tampa Field Office:

501 E. Polk Street, Suite 1020
Tampa, FL 33602
Phone: (813) 710-9340 or 1-800-669-4000
Hours: Monday-Friday, 8:00 AM – 4:00 PM (except federal holidays)
Website: https://www.eeoc.gov/field-office/tampa

Online Filing:

EEOC Public Portal: https://publicportal.eeoc.gov/

  • Schedule intake appointment (telephone, video, or in-person)
  • Submit inquiry about potential discrimination
  • Access services from anywhere

Filing Deadline: 300 days from the discriminatory act (for Florida residents)

What to Expect:

  1. Schedule intake appointment through online portal or by phone
  2. EEOC staff interviews you about allegations
  3. If within EEOC jurisdiction, formal charge filed
  4. Mediation offered (voluntary)
  5. Investigation conducted if not mediated
  6. EEOC issues determination (reasonable cause or no cause)
  7. Right to Sue letter issued (may file federal lawsuit within 90 days)

Source: U.S. Equal Employment Opportunity Commission
Contact: 1-800-669-4000 (to schedule appointment)

What is at-will employment in Florida?

At-will employment is the default employment relationship in Florida. Under at-will employment, either the employer or the employee may terminate the employment relationship at any time, for any legal reason, with or without notice.

According to the Florida Supreme Court in Muller v. Stromberg Carlson Corp.:

“Florida has long adhered to the common law rule that where there is no express agreement between an employer and an employee establishing a definite period of employment, the relationship is considered to be terminable at will by either party.”

Key Characteristics:

  • No requirement for cause to terminate employment
  • No requirement for advance notice (unless specified by contract)
  • Employment continues until either party chooses to end it

Exceptions to At-Will Employment:

  1. Employment contracts specifying term or termination procedures
  2. Collective bargaining agreements
  3. Anti-discrimination statutes (cannot terminate for discriminatory reasons)
  4. Public policy exceptions (cannot terminate for reasons violating public policy)
  5. Retaliation protections (cannot terminate for protected activities)

Implications for Return to Office:

  • Employers generally may change work location requirements
  • Employers may end remote work arrangements
  • Employees may resign rather than comply with new requirements
  • However, employers must comply with anti-discrimination laws and accommodation requirements

Source: Florida common law; Muller v. Stromberg Carlson Corp., 427 So. 2d 266 (Fla. 1983)

What is the difference between state university and private sector RTO requirements in Florida?

State universities in Florida (such as University of Florida, University of South Florida, Florida Atlantic University) have issued their own institutional return to office mandates requiring employees to return to in-person work. These are employment policies of specific state institutions.

Private sector employers in Florida have not been subject to any statewide return to office mandate. Each private employer may establish its own workplace location policies.

State Universities:

Individual university administration decisions drive return to office mandates. The University of Florida, University of South Florida, and Florida Atlantic University all issued mandates in 2025. The legal basis comes from university employment policies, with the Florida Statute § 110.171 framework applying to state agencies and potentially informing university policies. These mandates cover employees of specific universities that issued them. Universities may grant exceptions for specific roles, existing contracts, or space constraints, and the accommodation process remains available. University human resources departments and the state personnel system handle enforcement.

Private Sector:

No statewide mandate exists for private sector employers. Each employer sets its own workplace policies. The legal basis is at-will employment, with employer discretion subject to contracts and anti-discrimination laws. Each employer establishes its own policy for coverage. Private employers are subject to employment contracts, collective bargaining agreements, and reasonable accommodation requirements. No state enforcement applies unless discrimination is alleged.

Common Requirements for Both:

Both state universities and private sector employers must comply with the Florida Civil Rights Act and the Americans with Disabilities Act. Both must provide reasonable accommodations for disabilities and may not discriminate or retaliate against employees.

Private sector employers may change workplace requirements, but must honor contracts and provide accommodations where required by law.

Can my employer require full-time in-office work?

Generally, yes. In Florida, private sector employers may require employees to work full-time from physical office locations, unless:

  1. You have an employment contract specifying remote work arrangements
  2. You are covered by a collective bargaining agreement with remote work provisions
  3. You qualify for reasonable accommodation requiring remote work due to a disability
  4. The policy has discriminatory impact on protected classes

Under at-will employment, employers generally have broad discretion to establish workplace policies, including location requirements. However, employers must:

  • Provide reasonable accommodations for disabilities
  • Avoid policies that discriminate based on protected characteristics
  • Honor existing contracts and agreements
  • Comply with anti-retaliation protections

If you have a disability that necessitates remote work, you may request it as a reasonable accommodation. Your employer must engage in the interactive process to consider the request.

How long does it take to resolve a discrimination complaint in Florida?

The timeline for resolving a discrimination complaint varies depending on the forum and case complexity.

Florida Commission on Human Relations:

Investigation Phase: Up to 180 days from complaint filing for FCHR to make reasonable cause determination

Administrative Hearing: If reasonable cause found and charging party elects hearing, additional 6-12 months typically

Total Timeline: 12-24 months from complaint filing to final resolution through administrative process

U.S. Equal Employment Opportunity Commission:

Investigation Phase: Typically 6-10 months, but varies by case complexity and office workload

Conciliation/Mediation: If reasonable cause found, may add 2-4 months for settlement attempts

Litigation: If EEOC files lawsuit or issues Right to Sue letter and charging party files lawsuit, federal litigation typically takes 18-36 months

Total Timeline: 6-48+ months depending on resolution method

Factors Affecting Timeline:

  • Case complexity
  • Number of witnesses and volume of evidence
  • Whether parties agree to mediation
  • Agency workload and staffing
  • Whether case proceeds to litigation
  • Whether parties reach settlement

Expedited Process: In some cases, parties reach settlement during investigation phase, significantly reducing timeline.

Source: Florida Commission on Human Relations; U.S. Equal Employment Opportunity Commission

Are there any pending bills in Florida regarding return to office?

As of December 22, 2025, no pending legislation specifically addressing return to office mandates or remote work requirements for private employers has been identified in the Florida Legislature.

How to Monitor:

Florida Legislature Bill Search:

  • Website: https://www.flsenate.gov/
  • Search bills by keyword: “remote work”, “telework”, “return to office”
  • Current session: 2025 Regular Session

Florida Governor’s Executive Orders:

Florida Department of Management Services:

Individuals interested in tracking legislation may:

  • Visit Florida Legislature website regularly
  • Subscribe to bill tracking services
  • Monitor news from Florida Commission on Human Relations
  • Contact state legislators’ offices

Note: Even if no legislation is currently pending, proposed bills may be filed during any legislative session. The Florida Legislature convenes annually.

What should I do if my employer requires me to return to the office?

If your employer requires you to return to the office, consider the following steps:

1. Review Your Employment Agreement

  • Check if you have an employment contract specifying remote work
  • Review any collective bargaining agreement provisions
  • Determine if you have any contractual protections

2. Consider Reasonable Accommodation (if applicable)

  • If you have a disability that may require remote work as accommodation:
    • Notify your employer of need for accommodation
    • Provide medical documentation if requested
    • Engage in interactive process with employer
    • Explore possible accommodation options

3. Understand Your Options

  • Comply with return to office requirement
  • Request accommodation if you have a disability
  • Negotiate alternative arrangements with employer (if employer is willing)
  • Resign if policy is unacceptable (voluntary resignation)
  • Consult employment attorney about your rights

4. If You Believe Decision is Discriminatory

  • Document relevant facts and communications
  • File complaint with Florida Commission on Human Relations (within 365 days)
  • File complaint with EEOC (within 300 days)
  • Consult employment attorney

5. Know Your Rights

  • Employers may not discriminate based on protected characteristics
  • Employers must provide reasonable accommodations for disabilities
  • Employers may not retaliate for requesting accommodations
  • Employers must honor employment contracts

When to Consult an Attorney:

  • Before signing any new agreements or waivers
  • If you believe return to office requirement is discriminatory
  • If you have employment contract questions
  • If your accommodation request is denied
  • Before making major employment decisions

Legal Resources:

  • Florida Commission on Human Relations: (850) 488-7082
  • EEOC: 1-800-669-4000
  • Florida Bar Lawyer Referral Service: https://www.floridabar.org/

Does Florida have “right to disconnect” or remote work protection laws?

No. Florida has not enacted “right to disconnect” laws or general remote work protection laws for private sector employees.

What This Means:

  • No legal requirement for employers to allow remote work
  • No prohibition on employers ending remote work arrangements
  • No protection against requiring return to office (except through accommodations or contracts)
  • No restrictions on after-hours communication expectations

Existing Protections:

  • Disability accommodations: Remote work may be required as reasonable accommodation under ADA and Florida Civil Rights Act
  • Contract rights: Employment contracts and collective bargaining agreements are enforceable
  • Anti-discrimination: Employers may not implement policies that discriminate
  • Wage and hour: Remote workers entitled to proper compensation under Fair Labor Standards Act

Some states have enacted legislation regarding remote work or flexible work arrangements, but Florida is not among them as of December 22, 2025.

Source: Florida Legislature research; Florida Statutes search

Others

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current