Florida Senate - 2025 SB 352 By Senator Gaetz 1-00560-25 2025352__ Page 1 of 7 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to employee protections; creating s. 2 112.3242, F.S.; providing legislative intent; defining 3 terms; prohibiting agencies and independent 4 contractors from taking specified actions against 5 employees for disclosing certain information to the 6 Commission on Ethics; providing applicability; 7 requiring that information disclosed include specified 8 violations or alleged violations; requiring disclosure 9 of specified information to the commission under 10 specified circumstances; providing that specified 11 provisions protect employees and persons who submit 12 written complaints to the commission or provide 13 information to an investigator during an investigation 14 of a complaint; providing applicability; authorizing 15 certain employees or applicants for employment to file 16 complaints in accordance with specified provisions; 17 authorizing such employees or applicants to pursue a 18 specified administrative remedy or a civil action 19 within a specified timeframe; authorizing local public 20 employees to file a complaint with the appropriate 21 local governmental authority, under specified 22 circumstances; providing requirements for 23 administrative procedures created by local 24 governmental authorities; authorizing such employee to 25 bring civil actions in a court of competent 26 jurisdiction, under specified conditions; requiring 27 specified relief; providing that it is an affirmative 28 defense to certain actions that the adverse action was 29

Florida Senate - 2025 SB 352 1-00560-25 2025352__ Page 2 of 7 CODING: Words stricken are deletions; words underlined are additions. predicated on grounds other than the exercising of 30 certain protected rights; providing construction; 31 providing an effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35

Section

Section 112.3242, Florida Statutes, is created 36 to read: 37 112.3242 Adverse action against employee for disclosing 38 information of specified nature to the Commission on Ethics 39 prohibited; employee remedy and relief.— 40

(1) LEGISLATIVE INTENT.—It is the intent of the Legislature 41 to prevent agencies or independent contractors from taking 42 retaliatory action against an employee who reports to an 43 appropriate agency any violation of this part or s. 8(f), Art. 44 II of the State Constitution on the part of a public employer or 45 an independent contractor.

It is further the intent of the 46 Legislature to prevent agencies or independent contractors from 47 taking retaliatory action against any person who discloses 48 information to an appropriate agency regarding alleged breaches 49 of the public trust or violations of s. 8(f), Art. II of the 50 State Constitution on the part of an agency, public officer, or 51 employee. 52

(2) DEFINITIONS.—As used in this section, unless otherwise 53 specified, the term: 54 (a) “Adverse personnel action” means the discharge, 55 suspension, transfer, or demotion of any employee or the 56 withholding of bonuses, the reduction in salary or benefits, or 57 any other adverse action taken against an employee within the 58

Florida Senate - 2025 SB 352 1-00560-25 2025352__ Page 3 of 7 CODING: Words stricken are deletions; words underlined are additions. terms and conditions of employment by an agency or independent 59 contractor. 60 (b) “Agency” means any state, regional, county, local, or 61 municipal governmental entity, whether executive, judicial, or 62 legislative; any official, officer, department, division, 63 bureau, commission, authority, or political subdivision therein; 64 or any public school, community college, or state university. 65 (c) “Employee” means a person who performs services for, 66 and under the control and direction of, or contracts with, an 67 agency or independent contractor for wages or other 68 remuneration. 69 (d) “Independent contractor” means a person, other than an 70 agency, who is engaged in any business and enters into a 71 contract, including a provider agreement, with an agency. 72

(3) ACTIONS PROHIBITED.— 73 (

a) An agency or independent contractor may not dismiss, 74 discipline, or take any other adverse personnel action against 75 an employee for disclosing information pursuant to this section. 76 (

b) An agency or independent contractor may not take any 77 adverse action that affects the rights or interests of a person 78 in retaliation for the person’s disclosure of information under 79 this section. 80 (

c) This subsection does not apply when an employee or 81 person discloses information known by the employee or person to 82 be false or when the employee or person discloses information 83 that forms the basis of an award of costs or attorney fees or 84 both pursuant to s. 112.317(7). 85

(4) NATURE OF INFORMATION DISCLOSED.—The information 86 disclosed under this

section must include any violation or 87

Florida Senate - 2025 SB 352 1-00560-25 2025352__ Page 4 of 7 CODING: Words stricken are deletions; words underlined are additions. suspected violation of: 88 (

a) Any standard of conduct imposed by this part; 89 (

b) Section 8, Art. II of the State Constitution; or 90 (

c) Section 11.062, s. 350.031, s. 350.04, s. 350.041, s. 91 350.042, or s. 350.0605. 92

(5) TO WHOM INFORMATION IS DISCLOSED.—The information 93 disclosed under this

section must be disclosed to the Commission 94 on Ethics. 95

(6) EMPLOYEES AND PERSONS PROTECTED.—This

section protects 96 employees and persons who submit a written complaint to the 97 Commission on Ethics executed on a form prescribed by the 98 commission and signed under oath or affirmation or provide 99 information to an investigator during an investigation of a 100 complaint. A remedy or other protection under this

section does 101 not apply to any employee or person who has committed or 102 intentionally participated in committing the violation or 103 suspected violation for which protection under this

section is 104 being sought. 105

(7) REMEDIES.— 106 (

a) Any employee of or applicant for employment with any 107 state agency as defined in s. 216.011 who is discharged, 108 disciplined, or subjected to other adverse personnel action or 109 denied employment because he or she engaged in an activity 110 protected by this

section may file a complaint, which complaint 111 must be made in accordance with s. 112.31895. Upon receipt of 112 notice from the Florida Commission on Human Relations of 113 termination of the investigation, the complainant may elect to 114 pursue the administrative remedy available under s. 112.31895 or 115 bring a civil action within 180 days after receipt of the 116

Florida Senate - 2025 SB 352 1-00560-25 2025352__ Page 5 of 7 CODING: Words stricken are deletions; words underlined are additions. notice. 117 (

b) Within 60 days after the action prohibited by this 118 section, any local public employee protected by this

section may 119 file a complaint with the appropriate local governmental 120 authority if that authority has established by ordinance an 121 administrative procedure for handling such complaints or has 122 contracted with the Division of Administrative Hearings under s. 123 120.65 to conduct hearings under this section. The 124 administrative procedure created by ordinance must provide for 125 the complaint to be heard by a panel of impartial persons 126 appointed by the appropriate local governmental authority.

Upon 127 hearing the complaint, the panel shall make findings of fact and 128 conclusions of law for a final decision by the local 129 governmental authority. Within 180 days after entry of a final 130 decision by the local governmental authority, the public 131 employee who filed the complaint may bring a civil action in any 132 court of competent jurisdiction.

If the local governmental 133 authority has not established an administrative procedure by 134 ordinance or contract, a local public employee may, within 180 135 days after the action prohibited by this section, bring a civil 136 action in a court of competent jurisdiction. For the purpose of 137 this paragraph, the term “local governmental authority” includes 138 any regional, county, or municipal entity, special district, 139 community college district, or school district or any political 140 subdivision of any of the foregoing. 141 (

c) Any other person protected by this

section may, after 142 exhausting all available contractual or administrative remedies, 143 bring a civil action in any court of competent jurisdiction 144 within 180 days after the action prohibited by this section. 145

Florida Senate - 2025 SB 352 1-00560-25 2025352__ Page 6 of 7 CODING: Words stricken are deletions; words underlined are additions.

(8) RELIEF.—In any action brought under this section, the 146 relief must include the following: 147 (

a) Reinstatement of the employee to the same position held 148 before the adverse action was commenced, or to an equivalent 149 position, or reasonable front pay as an alternative relief. 150 (

b) Reinstatement of the employee’s full fringe benefits 151 and seniority rights, as appropriate. 152 (

c) Compensation to the employee, if appropriate, for lost 153 wages, benefits, or other lost remuneration caused by the 154 adverse action. 155 (

d) Payment of reasonable costs, including attorney fees, 156 to a substantially prevailing employee, or to the prevailing 157 employer if the employee filed a frivolous action in bad faith. 158 (

e) Issuance of an injunction, if appropriate, by a court 159 of competent jurisdiction. 160 (

f) Temporary reinstatement of the employee to his or her 161 former position or to an equivalent position, pending the final 162 outcome on the complaint, if an employee complains of being 163 discharged in retaliation for a protected disclosure and if a 164 court of competent jurisdiction or the Florida Commission on 165 Human Relations, as applicable under s. 112.31895, determines 166 that the disclosure was not made in bad faith or for a wrongful 167 purpose or occurred after an agency’s initiation of a personnel 168 action against the employee that includes documentation of the 169 employee’s violation of a disciplinary standard or performance 170 deficiency.

This paragraph does not apply to an employee of a 171 municipality. 172

(9) DEFENSE.—It is an affirmative defense to any action 173 brought pursuant to this

section that the adverse action was 174

Florida Senate - 2025 SB 352 1-00560-25 2025352__ Page 7 of 7 CODING: Words stricken are deletions; words underlined are additions. predicated upon grounds other than, and would have been taken 175 absent, the employee’s or person’s exercise of rights protected 176 by this section. 177

(10) EXISTING RIGHTS.—This

section does not diminish the 178 rights, privileges, or remedies of an employee under any other 179 law or rule or under any collective bargaining agreement or 180 employment contract; however, the election of remedies in s. 181 447.401 also applies to actions under this section. 182

Section 2. This act shall take effect July 1, 2025. 183