Florida 2025 Regular Session

Florida House Bill H0495 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 495 2025
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to adverse personnel action s against 2
16	16	employees; creating s. 112.3242, F.S.; providing 3
17	17	legislative intent; defining terms; prohibiting 4
18	18	agencies and independent contractors from taking 5
19	19	specified actions against employees for disclosing 6
20	20	certain information to the Commission on Ethics; 7
21	21	providing applicability; requiring that information 8
22	22	disclosed include specified violations or alleged 9
23	23	violations; requiring disclosure of specified 10
24	24	information to the commission under specified 11
25	25	circumstances; providing that specified provisions 12
26	26	protect employees and persons who submit written 13
27	27	complaints to the commission or provide information to 14
28	28	an investigator during an investigation of a 15
29	29	complaint; providing applicability; authorizing 16
30	30	certain employees or applicants for employment to file 17
31	31	complaints in accordance with spec ified provisions; 18
32	32	authorizing such employees or applicants to pursue a 19
33	33	specified administrative remedy or a civil action 20
34	34	within a specified timeframe; authorizing local public 21
35	35	employees to file a complaint with the appropriate 22
36	36	local governmental authority, under specified 23
37	37	circumstances; providing requirements for 24
38	38	administrative procedures created by local 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49	49
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51	51	governmental authorities; authorizing such employee to 26
52	52	bring civil actions in a court of competent 27
53	53	jurisdiction, under specified conditions; requiring 28
54	54	specified relief; providing that it is an affirmative 29
55	55	defense to certain actions that the adverse personnel 30
56	56	action was predicated on grounds other than the 31
57	57	exercising of certain protected rights; providing 32
58	58	construction; providing an effective date. 33
59	59	34
60	60	Be It Enacted by the Legislature of the State of Florida: 35
61	61	36
62	62	Section 1. Section 112.3242, Florida Statutes, is created 37
63	63	to read: 38
64	64	112.3242 Adverse personnel action against employee for 39
65	65	disclosing information of specified nature to the Commission on 40
66	66	Ethics prohibited; employee remedy and relief. — 41
67	67	(1) LEGISLATIVE INTENT. —It is the intent of the 42
68	68	Legislature to prevent agencies or independent contractors from 43
69	69	taking retaliatory action against an employee who reports to an 44
70	70	appropriate agency any violation of th is part or s. 8(f), Art. 45
71	71	II of the State Constitution on the part of a public employer or 46
72	72	an independent contractor. It is further the intent of the 47
73	73	Legislature to prevent agencies or independent contractors from 48
74	74	taking retaliatory action against any perso n who discloses 49
75	75	information to an appropriate agency regarding alleged breaches 50
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77	77	HB 495 2025
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82	82	hb495-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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86	86
87	87
88	88	of the public trust or violations of s. 8(f), Art. II of the 51
89	89	State Constitution on the part of an agency, a public officer, 52
90	90	or an employee. 53
91	91	(2) DEFINITIONS.—As used in this section, unless otherwise 54
92	92	specified, the term: 55
93	93	(a) "Adverse personnel action" means the discharge, 56
94	94	suspension, transfer, or demotion of any employee or the 57
95	95	withholding of bonuses, the reduction in salary or benefits, or 58
96	96	any other adverse action taken agai nst an employee within the 59
97	97	terms and conditions of employment by an agency or independent 60
98	98	contractor. 61
99	99	(b) "Agency" means any state, regional, county, local, or 62
100	100	municipal governmental entity, whether executive, judicial, or 63
101	101	legislative; any official, offi cer, department, division, 64
102	102	bureau, commission, authority, or political subdivision therein; 65
103	103	or any public school, Florida College System institution, or 66
104	104	state university. 67
105	105	(c) "Employee" means a person who performs services for, 68
106	106	and under the control and direction of, or contracts with, an 69
107	107	agency or independent contractor for wages or other 70
108	108	remuneration. 71
109	109	(d) "Independent contractor" means a person, other than an 72
110	110	agency, who is engaged in any business and enters into a 73
111	111	contract, including a provider agree ment, with an agency. 74
112	112	(3) ACTIONS PROHIBITED. — 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	(a) An agency or independent contractor may not dismiss, 76
126	126	discipline, or take any other adverse personnel action against 77
127	127	an employee for disclosing information pursuant to this section. 78
128	128	(b) An agency or independent contractor may not take any 79
129	129	adverse personnel action that affects the rights or interests of 80
130	130	a person in retaliation for the person's disclosure of 81
131	131	information under this section. 82
132	132	(c) This subsection does not apply when an employee or a 83
133	133	person discloses information known by the employee or person to 84
134	134	be false or when the employee or person discloses information 85
135	135	that forms the basis of an award of costs or attorney fees or 86
136	136	both pursuant to s. 112.317(7). 87
137	137	(4) NATURE OF INFORMATION DISCLOSED. —The information 88
138	138	disclosed under this section must include any violation or 89
139	139	suspected violation of: 90
140	140	(a) Any standard of conduct imposed by this part; 91
141	141	(b) Section 8, Art. II of the State Constitution; or 92
142	142	(c) Section 11.062, s. 350.031, s. 350.04, s. 350.0 41, s. 93
143	143	350.042, or s. 350.0605. 94
144	144	(5) TO WHOM INFORMATION IS DISCLOSED. —The information 95
145	145	disclosed under this section must be disclosed to the Commission 96
146	146	on Ethics. 97
147	147	(6) EMPLOYEES AND PERSONS PROTECTED. —This section protects 98
148	148	employees and persons who submi t a written complaint to the 99
149	149	Commission on Ethics executed on a form prescribed by the 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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160	160
161	161
162	162	commission and signed under oath or affirmation or provide 101
163	163	information to an investigator during an investigation of a 102
164	164	complaint. A remedy or other protection under this section does 103
165	165	not apply to any employee or person who has committed or 104
166	166	intentionally participated in committing the violation or 105
167	167	suspected violation for which protection under this section is 106
168	168	being sought. 107
169	169	(7) REMEDIES.— 108
170	170	(a) Any employee of or applican t for employment with any 109
171	171	state agency as defined in s. 216.011(1) who is discharged, 110
172	172	disciplined, or subjected to other adverse personnel action or 111
173	173	denied employment because he or she engaged in an activity 112
174	174	protected by this section may file a complaint, which complaint 113
175	175	must be made in accordance with s. 112.31895. Upon receipt of 114
176	176	notice from the Florida Commission on Human Relations of 115
177	177	termination of the investigation, the complainant may elect to 116
178	178	pursue the administrative remedy available under s. 112.31 895 or 117
179	179	bring a civil action within 180 days after receipt of the 118
180	180	notice. 119
181	181	(b) Within 60 days after the action prohibited by this 120
182	182	section, any local public employee protected by this section may 121
183	183	file a complaint with the appropriate local governmental 122
184	184	authority if that authority has established by ordinance an 123
185	185	administrative procedure for handling such complaints or has 124
186	186	contracted with the Division of Administrative Hearings under s. 125
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188	188	HB 495 2025
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	120.65 to conduct hearings under this section. The 126
200	200	administrative procedur e created by ordinance must provide for 127
201	201	the complaint to be heard by a panel of impartial persons 128
202	202	appointed by the appropriate local governmental authority. Upon 129
203	203	hearing the complaint, the panel shall make findings of fact and 130
204	204	conclusions of law for a fina l decision by the local 131
205	205	governmental authority. Within 180 days after entry of a final 132
206	206	decision by the local governmental authority, the local public 133
207	207	employee who filed the complaint may bring a civil action in any 134
208	208	court of competent jurisdiction. If the l ocal governmental 135
209	209	authority has not established an administrative procedure by 136
210	210	ordinance or contract, a local public employee may, within 180 137
211	211	days after the action prohibited by this section, bring a civil 138
212	212	action in a court of competent jurisdiction. For t he purpose of 139
213	213	this paragraph, the term "local governmental authority" includes 140
214	214	any regional, county, or municipal entity, special district, 141
215	215	Florida College System institution, state university, or school 142
216	216	district or any political subdivision of any of the foregoing. 143
217	217	(c) Any other person protected by this section may, after 144
218	218	exhausting all available contractual or administrative remedies, 145
219	219	bring a civil action in any court of competent jurisdiction 146
220	220	within 180 days after the action prohibited by this section. 147
221	221	(8) RELIEF.—In any action brought under this section, the 148
222	222	relief must include the following: 149
223	223	(a) Reinstatement of the employee to the same position 150
224	224
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	held before the adverse personnel action was commenced, or to an 151
237	237	equivalent position, or reasonable fro nt pay as an alternative 152
238	238	relief. 153
239	239	(b) Reinstatement of the employee's full fringe benefits 154
240	240	and seniority rights, as appropriate. 155
241	241	(c) Compensation to the employee, if appropriate, for lost 156
242	242	wages, benefits, or other lost remuneration caused by the 157
243	243	adverse personnel action. 158
244	244	(d) Payment of reasonable costs, including attorney fees, 159
245	245	to a substantially prevailing employee, or to the prevailing 160
246	246	employer if the employee filed a frivolous action in bad faith. 161
247	247	(e) Issuance of an injunction, if appropriate, by a court 162
248	248	of competent jurisdiction. 163
249	249	(f) Temporary reinstatement of the employee to his or her 164
250	250	former position or to an equivalent position, pending the final 165
251	251	outcome on the complaint, if an employee complains of being 166
252	252	discharged in retaliation for a prote cted disclosure and if a 167
253	253	court of competent jurisdiction or the Florida Commission on 168
254	254	Human Relations, as applicable under s. 112.31895, determines 169
255	255	that the disclosure was not made in bad faith or for a wrongful 170
256	256	purpose or occurred after an agency's initia tion of an adverse 171
257	257	personnel action against the employee that includes 172
258	258	documentation of the employee's violation of a disciplinary 173
259	259	standard or performance deficiency. This paragraph does not 174
260	260	apply to an employee of a municipality. 175
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262	262	HB 495 2025
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	(9) DEFENSE.—It is an affirmative defense to any action 176
274	274	brought pursuant to this section that the adverse personnel 177
275	275	action was predicated upon grounds other than, and would have 178
276	276	been taken absent, the employee's or person's exercise of rights 179
277	277	protected by this section. 180
278	278	(10) EXISTING RIGHTS.—This section does not diminish the 181
279	279	rights, privileges, or remedies of an employee under any other 182
280	280	law or rule or under any collective bargaining agreement or 183
281	281	employment contract; however, the election of remedies in s. 184
282	282	447.401 also applies t o actions under this section. 185
283	283	Section 2. This act shall take effect July 1, 2025. 186