Florida Senate - 2025                                     SB 352
       
       
        
       By Senator Gaetz
       
       
       
       
       
       1-00560-25                                             2025352__
    1                        A bill to be entitled                      
    2         An act relating to employee protections; creating s.
    3         112.3242, F.S.; providing legislative intent; defining
    4         terms; prohibiting agencies and independent
    5         contractors from taking specified actions against
    6         employees for disclosing certain information to the
    7         Commission on Ethics; providing applicability;
    8         requiring that information disclosed include specified
    9         violations or alleged violations; requiring disclosure
   10         of specified information to the commission under
   11         specified circumstances; providing that specified
   12         provisions protect employees and persons who submit
   13         written complaints to the commission or provide
   14         information to an investigator during an investigation
   15         of a complaint; providing applicability; authorizing
   16         certain employees or applicants for employment to file
   17         complaints in accordance with specified provisions;
   18         authorizing such employees or applicants to pursue a
   19         specified administrative remedy or a civil action
   20         within a specified timeframe; authorizing local public
   21         employees to file a complaint with the appropriate
   22         local governmental authority, under specified
   23         circumstances; providing requirements for
   24         administrative procedures created by local
   25         governmental authorities; authorizing such employee to
   26         bring civil actions in a court of competent
   27         jurisdiction, under specified conditions; requiring
   28         specified relief; providing that it is an affirmative
   29         defense to certain actions that the adverse action was
   30         predicated on grounds other than the exercising of
   31         certain protected rights; providing construction;
   32         providing an effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Section 112.3242, Florida Statutes, is created
   37  to read:
   38         112.3242 Adverse action against employee for disclosing
   39  information of specified nature to the Commission on Ethics
   40  prohibited; employee remedy and relief.—
   41         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
   42  to prevent agencies or independent contractors from taking
   43  retaliatory action against an employee who reports to an
   44  appropriate agency any violation of this part or s. 8(f), Art.
   45  II of the State Constitution on the part of a public employer or
   46  an independent contractor. It is further the intent of the
   47  Legislature to prevent agencies or independent contractors from
   48  taking retaliatory action against any person who discloses
   49  information to an appropriate agency regarding alleged breaches
   50  of the public trust or violations of s. 8(f), Art. II of the
   51  State Constitution on the part of an agency, public officer, or
   52  employee.
   53         (2) DEFINITIONS.—As used in this section, unless otherwise
   54  specified, the term:
   55         (a) “Adverse personnel action” means the discharge,
   56  suspension, transfer, or demotion of any employee or the
   57  withholding of bonuses, the reduction in salary or benefits, or
   58  any other adverse action taken against an employee within the
   59  terms and conditions of employment by an agency or independent
   60  contractor.
   61         (b) “Agency” means any state, regional, county, local, or
   62  municipal governmental entity, whether executive, judicial, or
   63  legislative; any official, officer, department, division,
   64  bureau, commission, authority, or political subdivision therein;
   65  or any public school, community college, or state university.
   66         (c) “Employee” means a person who performs services for,
   67  and under the control and direction of, or contracts with, an
   68  agency or independent contractor for wages or other
   69  remuneration.
   70         (d) “Independent contractor” means a person, other than an
   71  agency, who is engaged in any business and enters into a
   72  contract, including a provider agreement, with an agency.
   73         (3) ACTIONS PROHIBITED.—
   74         (a) An agency or independent contractor may not dismiss,
   75  discipline, or take any other adverse personnel action against
   76  an employee for disclosing information pursuant to this section.
   77         (b) An agency or independent contractor may not take any
   78  adverse action that affects the rights or interests of a person
   79  in retaliation for the person’s disclosure of information under
   80  this section.
   81         (c) This subsection does not apply when an employee or
   82  person discloses information known by the employee or person to
   83  be false or when the employee or person discloses information
   84  that forms the basis of an award of costs or attorney fees or
   85  both pursuant to s. 112.317(7).
   86         (4) NATURE OF INFORMATION DISCLOSED.—The information
   87  disclosed under this section must include any violation or
   88  suspected violation of:
   89         (a)Any standard of conduct imposed by this part;
   90         (b)Section 8, Art. II of the State Constitution; or
   91         (c)Section 11.062, s. 350.031, s. 350.04, s. 350.041, s.
   92  350.042, or s. 350.0605.
   93         (5) TO WHOM INFORMATION IS DISCLOSED.—The information
   94  disclosed under this section must be disclosed to the Commission
   95  on Ethics.
   96         (6) EMPLOYEES AND PERSONS PROTECTED.—This section protects
   97  employees and persons who submit a written complaint to the
   98  Commission on Ethics executed on a form prescribed by the
   99  commission and signed under oath or affirmation or provide
  100  information to an investigator during an investigation of a
  101  complaint. A remedy or other protection under this section does
  102  not apply to any employee or person who has committed or
  103  intentionally participated in committing the violation or
  104  suspected violation for which protection under this section is
  105  being sought.
  106         (7) REMEDIES.—
  107         (a) Any employee of or applicant for employment with any
  108  state agency as defined in s. 216.011 who is discharged,
  109  disciplined, or subjected to other adverse personnel action or
  110  denied employment because he or she engaged in an activity
  111  protected by this section may file a complaint, which complaint
  112  must be made in accordance with s. 112.31895. Upon receipt of
  113  notice from the Florida Commission on Human Relations of
  114  termination of the investigation, the complainant may elect to
  115  pursue the administrative remedy available under s. 112.31895 or
  116  bring a civil action within 180 days after receipt of the
  117  notice.
  118         (b) Within 60 days after the action prohibited by this
  119  section, any local public employee protected by this section may
  120  file a complaint with the appropriate local governmental
  121  authority if that authority has established by ordinance an
  122  administrative procedure for handling such complaints or has
  123  contracted with the Division of Administrative Hearings under s.
  124  120.65 to conduct hearings under this section. The
  125  administrative procedure created by ordinance must provide for
  126  the complaint to be heard by a panel of impartial persons
  127  appointed by the appropriate local governmental authority. Upon
  128  hearing the complaint, the panel shall make findings of fact and
  129  conclusions of law for a final decision by the local
  130  governmental authority. Within 180 days after entry of a final
  131  decision by the local governmental authority, the public
  132  employee who filed the complaint may bring a civil action in any
  133  court of competent jurisdiction. If the local governmental
  134  authority has not established an administrative procedure by
  135  ordinance or contract, a local public employee may, within 180
  136  days after the action prohibited by this section, bring a civil
  137  action in a court of competent jurisdiction. For the purpose of
  138  this paragraph, the term “local governmental authority” includes
  139  any regional, county, or municipal entity, special district,
  140  community college district, or school district or any political
  141  subdivision of any of the foregoing.
  142         (c) Any other person protected by this section may, after
  143  exhausting all available contractual or administrative remedies,
  144  bring a civil action in any court of competent jurisdiction
  145  within 180 days after the action prohibited by this section.
  146         (8) RELIEF.—In any action brought under this section, the
  147  relief must include the following:
  148         (a) Reinstatement of the employee to the same position held
  149  before the adverse action was commenced, or to an equivalent
  150  position, or reasonable front pay as an alternative relief.
  151         (b) Reinstatement of the employee’s full fringe benefits
  152  and seniority rights, as appropriate.
  153         (c) Compensation to the employee, if appropriate, for lost
  154  wages, benefits, or other lost remuneration caused by the
  155  adverse action.
  156         (d) Payment of reasonable costs, including attorney fees,
  157  to a substantially prevailing employee, or to the prevailing
  158  employer if the employee filed a frivolous action in bad faith.
  159         (e) Issuance of an injunction, if appropriate, by a court
  160  of competent jurisdiction.
  161         (f) Temporary reinstatement of the employee to his or her
  162  former position or to an equivalent position, pending the final
  163  outcome on the complaint, if an employee complains of being
  164  discharged in retaliation for a protected disclosure and if a
  165  court of competent jurisdiction or the Florida Commission on
  166  Human Relations, as applicable under s. 112.31895, determines
  167  that the disclosure was not made in bad faith or for a wrongful
  168  purpose or occurred after an agency’s initiation of a personnel
  169  action against the employee that includes documentation of the
  170  employee’s violation of a disciplinary standard or performance
  171  deficiency. This paragraph does not apply to an employee of a
  172  municipality.
  173         (9) DEFENSE.—It is an affirmative defense to any action
  174  brought pursuant to this section that the adverse action was
  175  predicated upon grounds other than, and would have been taken
  176  absent, the employee’s or person’s exercise of rights protected
  177  by this section.
  178         (10) EXISTING RIGHTS.—This section does not diminish the
  179  rights, privileges, or remedies of an employee under any other
  180  law or rule or under any collective bargaining agreement or
  181  employment contract; however, the election of remedies in s.
  182  447.401 also applies to actions under this section.
  183         Section 2. This act shall take effect July 1, 2025.