This bill amends several sections of Florida Statutes related to employment rights, specifically focusing on the definitions and prohibitions surrounding retaliatory personnel actions by employers. It revises the definition of "independent contractor" to clarify that individuals classified as employers under section 448.101 cannot also be considered independent contractors. Additionally, the definitions of "appropriate governmental agency" and "retaliatory personnel action" are updated to reflect a more precise understanding of employer-employee interactions. The bill also introduces a new definition for "of the employer," which specifies that actions taken by employees outside the scope of their employment do not fall under this definition.

Furthermore, the bill establishes that employees must prove their 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. It mandates courts to award reasonable attorney fees and costs to the prevailing party in retaliatory personnel action cases, rather than leaving it to the court's discretion. The bill also clarifies that if an employee has access to another statutory remedy for the conduct in question, they cannot pursue claims under this act. The effective date for these changes is set for 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