Florida Senate - 2025 SB 1776
By Senator McClain
9-01484-25 20251776__
1 A bill to be entitled
2 An act relating to employment rights; amending s.
3 112.3187, F.S.; revising the definition of the term
4 “independent contractor”; amending s. 448.101, F.S.;
5 revising the definitions of the terms “appropriate
6 governmental agency” and “retaliatory personnel
7 action”; defining the term “of the employer”; amending
8 s. 448.102, F.S.; revising the prohibitions against
9 retaliatory personnel action against an employee by
10 his or her employer; providing construction; amending
11 s. 448.103, F.S.; providing that an employee may not
12 recover in an action against an employer for a
13 retaliatory personnel action unless the employee can
14 prove certain claims by clear and convincing evidence;
15 providing that an employee has the burden of proof if
16 the employer proffers certain grounds for the
17 retaliatory action; amending s. 448.104, F.S.;
18 requiring, rather than authorizing, a court to award
19 reasonable attorney fees and costs to the prevailing
20 party for retaliatory personnel actions; amending s.
21 448.105, F.S.; providing that if an employer has
22 another available statutory remedy for conduct that
23 would otherwise violate the act, then the remedies
24 under the other statute preclude a claim under the
25 act; reenacting s. 448.111(2), F.S., relating to
26 evidentiary standards for actions of a business during
27 an emergency, to incorporate the amendment made to s.
28 448.103, F.S., in a reference thereto; providing an
29 effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Paragraph (e) of subsection (3) of section
34 112.3187, Florida Statutes, is amended to read:
35 112.3187 Adverse action against employee for disclosing
36 information of specified nature prohibited; employee remedy and
37 relief.—
38 (3) DEFINITIONS.—As used in this act, unless otherwise
39 specified, the following words or terms shall have the meanings
40 indicated:
41 (e) “Independent contractor” means a person, other than an
42 agency, engaged in any business and who enters into a contract,
43 including a provider agreement, with an agency. For the purposes
44 of this act, a person who is an employer as defined in s.
45 448.101 is not an independent contractor.
46 Section 2. Present subsections (5) and (6) of section
47 448.101, Florida Statutes, are redesignated as subsections (6)
48 and (7), respectively, a new subsection (5) is added to that
49 section, and subsection (1) and present subsection (5) of that
50 section are amended, to read:
51 448.101 Definitions.—As used in ss. 448.101-448.105, the
52 term:
53 (1) “Appropriate governmental agency” means any agency of
54 government charged with the enforcement of laws, rules, or
55 regulations governing an activity, a policy, or a practice of an
56 employer in which an employee objected to; refused to
57 participate in; or testified, provided information, made a
58 disclosure, or threatened to make a disclosure concerning an
59 employer’s activity, policy, or practice.
60 (5) “Of the employer,” when used in reference to an actual
61 or proposed activity, policy, practice, or proposal, does not
62 include an activity, a policy, a practice, or a proposal of or
63 by one or more employees acting outside the course and scope of
64 their employment or which is contrary to the employer’s
65 policies, practices, or directives.
66 (6)(5) “Retaliatory personnel action” means the discharge,
67 suspension, or demotion by an employer of an employee or any
68 serious and material change other adverse employment action
69 taken by an employer against an employee in the terms and
70 conditions of an employee’s employment.
71 Section 3. Section 448.102, Florida Statutes, is amended to
72 read:
73 448.102 Prohibitions.—An employer may not take any
74 retaliatory personnel action against an employee because the
75 employee has:
76 (1) Disclosed, or threatened to disclose, to any
77 appropriate governmental agency, under oath, in writing, an
78 activity, a policy, or a practice of the employer which the
79 employee has a good faith belief that such activity, policy, or
80 practice violated a law, a rule, or a regulation, or any
81 proposed course of action of the employer which, if implemented,
82 would actually violate a law, a rule, or a regulation.
83 (2) Threatened to disclose to any appropriate governmental
84 agency, under oath, in writing, an activity, a policy, or a
85 practice of the employer which actually violated a law, a rule,
86 or a regulation, or any proposed course of action of the
87 employer which, if implemented, would violate a law, a rule, or
88 a regulation.
89 (3) Objected to, or refused to participate in, an activity,
90 a policy, or a practice of the employer which, at the time of
91 the objection or refusal, was that is in violation of a law, a
92 rule, or a regulation, or any proposed. However, this subsection
93 does not apply unless the employee has, in writing, brought the
94 activity, policy, or practice of the employer which, if
95 implemented, would actually violate a law, a rule, or a
96 regulation to the attention of a supervisor or the employer and
97 has afforded the employer a reasonable opportunity to correct
98 the activity, policy, or practice.
99 (4)(2) Provided information to, or testified before, any
100 appropriate governmental agency, person, or entity conducting an
101 investigation, hearing, or inquiry into an alleged violation of
102 a law, rule, or regulation by the employer.
103
104 (3) Subsections (1), (2), and (3) do not apply unless the
105 employee brings to the attention of a supervisor or the
106 employer, in writing, the Objected to, or refused to participate
107 in, any activity, policy, or practice of the employer which the
108 employee objects to or refuses to participate in and affords the
109 supervisor or employer a reasonable opportunity to correct the
110 actual or proposed activity, policy, or practice which is in
111 violation of a law, rule, or regulation.
112 Section 4. Paragraph (c) of subsection (1) of section
113 448.103, Florida Statutes, is amended, and paragraph (d) is
114 added to that subsection, to read:
115 448.103 Employee’s remedy; relief.—
116 (1)
117 (c) An employee may not recover in any action brought
118 claiming a violation of s. 448.102(1), (2), or (3), unless the
119 employee proves, by clear and convincing evidence, that he or
120 she notified a supervisor or an employer about the alleged
121 violation, and the supervisor or employer was afforded a
122 reasonable opportunity to correct the actual or proposed illegal
123 activity.
124 (d) An employee may not recover in any action brought
125 claiming a violation of this act pursuant to this subsection if
126 he or she failed to notify the employer about the illegal
127 activity, policy, or practice as required by s. 448.102(1) or if
128 the retaliatory personnel action was predicated upon a ground
129 other than the employee’s exercise of a right protected by this
130 act. If the employer proffers one or more grounds for its
131 personnel action other than the employee’s exercise of a right
132 protected by this act, the employee has the burden to prove each
133 of the employer’s proffered reasons are false.
134 Section 5. Section 448.104, Florida Statutes, is amended to
135 read:
136 448.104 Attorney Attorney’s fees and costs.—A court shall
137 may award reasonable attorney attorney’s fees, court costs, and
138 expenses to the prevailing party, pursuant to s. 768.79.
139 Section 6. Section 448.105, Florida Statutes, is amended to
140 read:
141 448.105 Existing rights.—If an employer has another
142 available statutory remedy for conduct that would otherwise
143 violate this chapter, the remedies under that statute preclude
144 claims under this chapter This act does not diminish the rights,
145 privileges, or remedies of an employee or employer under any
146 other law or rule or under any collective bargaining agreement
147 or employment contract.
148 Section 7. For the purpose of incorporating the amendment
149 made by this act to section 448.103, Florida Statutes, in a
150 reference thereto, subsection (2) of section 448.111, Florida
151 Statutes, is reenacted to read:
152 448.111 Evidentiary standards for actions of a business
153 during an emergency.—
154 (2) Notwithstanding any other law, the following actions of
155 a business, if taken during a public health emergency declared
156 by the State Health Officer under s. 381.00315 or a state of
157 emergency declared by the Governor under s. 252.36, may not be
158 used as evidence in a civil cause of action brought under s.
159 440.10, s. 440.192, s. 440.38, s. 440.381, s. 448.103, s.
160 448.110, s. 448.25, chapter 532, or s. 717.115, or in a civil
161 cause of action, as provided for under general law, to recover
162 lost wages, salary, employment benefits, or other compensation,
163 because an individual has not been properly classified as an
164 employee:
165 (a) Providing financial assistance to previously engaged
166 individuals who are unable to work because of health and safety
167 concerns.
168 (b) Directly providing benefits that are related to the
169 health and safety of engaged individuals, including medical or
170 cleaning supplies, personal protective equipment, health checks,
171 or medical testing.
172 (c) Providing training or information related to the health
173 and safety of engaged individuals or the public.
174 (d) Taking any action, including action required or
175 suggested by any federal, state, or local law, ordinance, order,
176 or directive which is intended to protect public health and
177 safety.
178 Section 8. This act shall take effect July 1, 2025.