This bill amends several sections of Florida Statutes related to employment rights, specifically focusing on the definitions and protections surrounding retaliatory personnel actions. It revises the definition of "independent contractor" to clarify that individuals classified as employers under section 448.101 cannot be considered independent contractors. Additionally, it updates the definitions of "appropriate governmental agency" and "retaliatory personnel action," the latter now including "serious and material change" instead of "other adverse employment action." The bill also establishes that an employee must prove claims of retaliatory actions by clear and convincing evidence and places the burden of proof on the employee if the employer presents alternative grounds for the action.

Furthermore, the bill mandates that courts must award reasonable attorney fees and costs to the prevailing party in cases of retaliatory personnel actions, rather than leaving it to the court's discretion. It specifies that if an employee has access to another statutory remedy for conduct that violates the act, they cannot pursue claims under this chapter. The bill also reenacts a section regarding evidentiary standards for business actions during emergencies, ensuring that certain actions taken during public health emergencies cannot be used as evidence in civil lawsuits related to employment classification. The act is set to take effect on July 1, 2025.

Statutes affected:
S 1776 Filed: 112.3187, 448.102, 448.103, 448.104, 448.105
S 1776 c1: 112.3187, 448.102, 448.103, 448.104, 448.105