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.