Employee Protections

Florida Senate
-
2026

CS for CS for SB 92

By
the Committees on Rules; and Governmental Oversight and
Accountability; and Senator Gaetz

595-02951-26 202692c2
1 A bill to be entitled
2 An act relating to employee protections; amending s.
3 112.313, F.S.; defining terms; providing that public
4 officers, public employees, and local government
5 attorneys commit a breach of the public trust when
6 they initiate adverse personnel actions against
7 employees of an agency or independent contractor under
8 certain circumstances; providing construction;
9 creating s. 112.3242, F.S.; providing legislative
10 intent; defining terms; prohibiting agencies and
11 independent contractors from taking specified actions
12 against employees or certain persons for disclosing
13 certain information to the Commission on Ethics;
14 providing applicability; requiring that information
15 disclosed include specified violations or alleged
16 violations; requiring disclosure of specified
17 information to the commission under specified
18 circumstances; providing that specified provisions
19 protect employees and persons who submit written
20 complaints to the commission or provide information to
21 an investigator during an investigation of a complaint
22 or referral; providing applicability; authorizing
23 certain employees to file complaints in accordance
24 with specified provisions; authorizing certain
25 complainants to pursue a specified administrative
26 remedy or a civil action within a specified timeframe;
27 requiring specified relief; providing applicability;
28 providing that it is an affirmative defense to certain
29 actions that the adverse personnel action was
30 predicated on grounds other than the exercising of
31 certain protected rights; providing construction;
32 amending s. 112.324, F.S.; requiring the Commission on
33 Ethics to deliver copies of complaints and any
34 amendment thereto to the Public Employees Relations
35 Commission upon receiving a written request from the
36 agency; providing that such delivery does not affect
37 specified exemptions in regard to the complaint and
38 amendments; requiring that such delivery be within a
39 reasonable timeframe; requiring that the Commission on
40 Ethics redact certain information under specified
41 conditions; requiring the commission to deliver
42 complaints and any amendment thereto to certain
43 persons upon receiving a notarized written request;
44 providing that such delivery does not affect the
45 specified exemptions of the complaint; requiring that
46 such delivery happen within a reasonable timeframe;
47 requiring the commission to redact certain information
48 under specified conditions; creating s. 112.3243,
49 F.S.; authorizing certain employees to file a
50 complaint with the commission within a specified
51 timeframe; requiring that the commission acknowledge
52 receipt of such complaint and provide copies of the
53 complaint and any other information to the agency head
54 or independent contractor within a specified
55 timeframe; requiring the commission to conduct
56 informal fact-finding regarding legally sufficient
57 complaints and provide, within a specified timeframe,
58 a certain report to the agency head or independent
59 contractor; providing that the commission is empowered
60 to take specified actions; requiring the commission to
61 notify a complainant of the status of the
62 investigation and actions taken when appropriate;
63 requiring the commission to make a certain
64 determination and provide a fact-finding report to
65 specified entities under specified conditions;
66 requiring the commission to file such determination
67 and report with the agency head or independent
68 contractor under specified conditions; requiring the
69 commission to provide a certain notice to specified
70 entities under specified conditions; requiring the
71 commission to terminate investigations under specified
72 circumstances; prohibiting disciplinary action against
73 an employee under specified conditions; authorizing
74 complainants to file a complaint against the employer
75 agency with the Public Employees Relations Commission;
76 providing that such commission has jurisdiction over
77 such complaints; authorizing the Commission on Ethics
78 to adopt rules; reenacting s. 112.3136(1), F.S.,
79 relating to standards of conduct for officers and
80 employees of entities serving as chief administrative
81 officer of political subdivisions, to incorporate the
82 amendment made to s. 112.313, F.S., in a reference
83 thereto; providing an effective date.
84
85 Be It Enacted by the Legislature of the State of Florida:
86
87 Section 1. Subsection (18) is added to section 112.313,
88 Florida Statutes, to read:
89 112.313 Standards of conduct for public officers, employees
90 of agencies, and local government attorneys.—
91
(18)
RETALIATION FOR PROTECTED ACTIVITY PROHIBITED.—

92
(a)

As used in this subsection, the term:

93
1.

“Adverse personnel action” means the discharge,

94
suspension, transfer, or demotion of an employee; the

95
withholding of bonuses or reduction in salary or benefits of an

96
employee; or any other adverse action taken against an employee

97
within the terms and conditions of employment by an agency or

98
independent contractor of an agency.

99
2.

“Exercise of ultimate decisionmaking authority” or

100
“grant of approval” means having and using the authority to

101
commence an adverse personnel action.

102
3.

“Protected activity” means submitting a written

103
complaint to the commission executed on the form specified in s.

104
112.324(1) and signed under oath or affirmation or providing

105
information to an investigator during an investigation of a

106
complaint or referral.

107
(b)

A public officer, public employee, or local government

108
attorney commits a breach of the public trust when he or she

109
initiates an adverse personnel action against an employee of an

110
agency or independent contractor who has engaged in a protected

111
activity by an exercise of the public officer’s, public

112
employee’s, or local government attorney’s ultimate

113
decisionmaking authority or a grant of his or her approval, or

114
uses his or her position to cause another to initiate such an

115
adverse personnel action, if the protected activity is the

116
primary reason motivating the adverse personnel action. The

117
communication or execution of an adverse personnel action

118
initiated by another’s ultimate decisionmaking authority or

119
grant of approval does not constitute an exercise of one’s

120
ultimate decisionmaking authority or a grant of one’s approval.

121 Section 2. Section 112.3242, Florida Statutes, is created
122 to read:
123
112.3242 Adverse action against employee for disclosing

124
information of specified nature to the Commission on Ethics

125
prohibited; employee remedy and relief.—

126
(1) LEGISLATIVE INTENT.—It is the intent of the Legislature

127
to prevent agencies or independent contractors from taking

128
retaliatory action against an employee who reports to an

129
appropriate agency any violation of this part or s. 8, Art. II

130
of the State Constitution on the part of a public employer or an

131
independent contractor. It is further the intent of the

132
Legislature to prevent agencies or independent contractors from

133
taking retaliatory action against any person who discloses

134
information to an appropriate agency regarding alleged breaches

135
of the public trust or violations of s. 8, Art. II of the State

136
Constitution on the part of an agency, a public officer, or an

137
employee.

138
(2) DEFINITIONS.—As used in this section and s. 112.3243,

139
unless otherwise specified, the term:

140
(a) “Adverse personnel action” means the discharge,

141
suspension, transfer, or demotion of any employee or the

142
withholding of bonuses, the reduction in salary or benefits, or

143
any other adverse action taken against an employee within the

144
terms and conditions of employment by an agency or independent

145
contractor.

146
(b) “Agency” means any state, regional, county, local, or

147
municipal governmental entity, whether executive, judicial, or

148
legislative; any official, officer, department, division,

149
bureau, commission, authority, or political subdivision therein;

150
or any public school, community college, or state university.

151
(c) “Employee” means a person who performs services for,

152
and is under the control and direction of, or contracts with, an

153
agency or independent contractor for wages or other

154
remuneration.

155
(d) “Independent contractor” means a person, other than an

156
agency, who is engaged in any business and enters into a

157
contract, including a provider agreement, with an agency.

158
(3) ACTIONS PROHIBITED.—

159
(a) An agency or independent contractor may not dismiss,

160
discipline, or take any other adverse personnel action against

161
an employee for disclosing information
protected

under
this

162
section.

163
(b) An agency or independent contractor may not take any

164
adverse personnel action that affects the rights or interests of

165
a person in retaliation for the person’s disclosure of

166
information
protected
under this section.

167
(c) This subsection does not apply when an employee or a

168
person discloses information known by the employee or person to

169
be false or when the employee or person discloses information

170
that forms the basis of an award of costs or attorney fees or

171
both pursuant to s. 112.317(7).

172
(4) NATURE OF INFORMATION DISCLOSED.—The
protected

173
information disclosed under this section must include any

174
violation or suspected violation of:

175
(a)

Any standard of conduct imposed by this part;

176
(b)

Section 8, Art. II of the State Constitution; or

177
(c)

Section 11.062, s. 16.715, part II of chapter 287, s.

178
350.031, s. 350.04, s. 350.041, s. 350.042, or s.
350.0605
.

179
(5) TO WHOM INFORMATION IS DISCLOSED.—The information

180
disclosed under this section must be disclosed to the

181
c
ommission.

182
(6) EMPLOYEES AND PERSONS PROTECTED.—This section protects

183
employees and persons who submit a written complaint to the

184
c
ommission
executed
on
the
form
specified in s. 112.324(1)
and

185
signed under oath or affirmation or who provide information to

186
an investigator during an investigation of a complaint. A remedy

187
or other protection under this section does not apply to any

188
employee or person who has committed or intentionally

189
participated in committing the violation or suspected violation

190
for which protection under this section is being sought.

191
(7)

REMEDIES.—Any employee of
an agency
who is subjected to

192
adverse personnel action because he or she engaged in an

193
activity protected by this section may file a complaint, which

194
must be made in accordance with s. 112.3243. Upon receipt of

195
notice from the
commission
of termination of the investigation,

196
the complainant may elect to pursue the administrative remedy

197
available under s. 112.3243 or bring a civil action within 180

198
days after receipt of the notice.

199
(8) RELIEF.—In any action brought under this section, the

200
relief must include the following:

201
(a) Reinstatement of the employee to the same position held

202
before the adverse personnel action was commenced, or to an

203
equivalent position, or reasonable front pay as an alternative

204
relief.

205
(b) Reinstatement of the employee’s full fringe benefits

206
and seniority rights, as appropriate.

207
(c) Compensation to the employee, if appropriate, for lost

208
wages, benefits, or other lost remuneration caused by the

209
adverse personnel action.

210
(d) Payment of reasonable costs, including attorney fees,

211
to a substantially prevailing employee, or to the prevailing

212
employer if the employee filed a frivolous action in bad faith.

213
(e) Issuance of an injunction, if appropriate, by a court

214
of competent jurisdiction.

215
(f) Temporary reinstatement of the employee to his or her

216
former position or to an equivalent position, pending the final

217
outcome on the complaint, if an employee complains of being

218
discharged in retaliation for a protected disclosure and if a

219
court of competent jurisdiction or the
commission
, as applicable

220
under s. 112.3243, determines that the disclosure was not made

221
in bad faith or for a wrongful purpose or
that the disclosure

222
occurred after an agency’s or independent contractor’s

223
initiation of a personnel action against the employee which

224
includes documentation of the employee’s violation of a

225
disciplinary standard or performance deficiency. This paragraph

226
does not apply to an employee of a municipality.

227
(9) DEFENSE.—It is an affirmative defense to any action

228
brought pursuant to this section that the adverse personnel

229
action was predicated upon grounds other than, and would have

230
been taken absent, the employee’s or person’s exercise of rights

231
protected by this section.

232
(10) EXISTING RIGHTS.—This section does not diminish the

233
rights, privileges, or remedies of an employee under any other

234
law or rule or under any collective bargaining agreement or

235
employment contract; however, the election of remedies in s.

236
447.401 also applies to actions under this section.

237 Section 3. Paragraphs (g) and (h) are added to subsection
238 (2) of section 112.324, Florida Statutes, to read:
239 112.324 Procedures on complaints of violations and
240 referrals; public records and meeting exemptions.—
241 (2)
242
(g)
Notwithstanding the exemptions in paragraphs (a)-(d),

243
the Commission on Ethics shall deliver a copy of an ethics

244
complaint, and its timely amendments, to the Public Employees

245
Relations Commission upon receiving a written request from the

246
agency. The Commission on Ethics’ delivery of the complaint, and

247
any amendment thereto, does not affect the exemptions in

248
paragraphs (a)-(d) in any other context. The Commission on

249
Ethics shall deliver the complaint, and any amendment thereto,

250
within a reasonable timeframe. If the exemptions in paragraphs

251
(a)-(d) are applicable at the time of the request, the

252
commission must redact any designation to the complaint form it

253
supplied after the form was filed, including, but not limited

254
to, date stamps, receipt stamps, and complaint serial numbers.

255
(h)
Notwithstanding the exemptions in paragraphs (a)-(d),

256
the commission shall deliver a copy of an ethics complaint, and

257
its timely amendments, to the person who filed the ethics

258
complaint and identified himself or herself in the text of the

259
complaint or its timely amendments as a current or former

260
employee of the agency associated with the respondent named in

261
the complaint or of an independent contractor of that agency,

262
upon receiving a notarized, written request from such person.

263
The commission’s delivery of the complaint, and any amendment

264
thereto, does not affect the exemptions in paragraphs (a)-(d) in

265
any other context. The commission shall deliver the complaint

266
within a reasonable timeframe. If the exemptions in paragraphs

267
(a)-(d) are applicable at the time of the request, the

268
commission must redact any designation to the complaint form it

269
supplied after the form was filed, including, but not limited

270
to, date stamps, receipt stamps, and complaint serial numbers.

271 Section 4. Section 112.3243, Florida Statutes, is created
272 to read:
273
112.3243
Investigative procedures in response to prohibited

274
personnel actions against ethics complaints
.—

275
(1)

COMPLAINT.—

276
(a)

If a disclosure under s. 112.3242 results in alleged

277
retaliation by an employer, the employee of an agency or

278
independent contractor that is so affected may file a complaint

279
alleging a prohibited personnel action, which must be made by

280
filing a written complaint with the commission no later than 60

281
days after the prohibited personnel action.

282
(b)

Within 5 working days after receiving a complaint under

283
this section, the commission shall acknowledge receipt of the

284
complaint and provide copies of the complaint and any other

285
preliminary information available concerning the disclosure of

286
information under s. 112.3242 to the employer, who shall

287
acknowledge receipt of such copies to the complainant.

288
(2)

FACT-FINDING.—The commission shall:

289
(a)

Receive any allegation of a personnel action prohibited

290
by s. 112.3242, including a proposed or potential action, and

291
conduct informal fact-finding regarding any allegation of a

292
legally sufficient complaint under this section to the extent

293
necessary to determine whether there are reasonable grounds to

294
believe that a prohibited personnel action under s. 112.3242 has

295
occurred, is occurring, or is to be taken.

296
(b)

Within 180 days after receiving the complaint, provide

297
the agency head or independent contractor and the complainant

298
with a fact-finding report that may include recommendations to

299
the parties or a proposed resolution of the complaint. The fact

300
finding report is admissible in any subsequent or related

301
administrative or judicial review.

302
(3)

INVESTIGATIVE POWERS AND TERMINATION OF INVESTIGATION.—

303
(a)

The commission, in accordance with this section, is

304
empowered to:

305
1.

Receive and investigate complaints from employees

306
alleging retaliation by agencies or independent contractors.

307
2.

Administer oaths, examine witnesses, take statements,

308
issue subpoenas, order the taking of depositions, order

309
responses to written interrogatories, and make appropriate

310
motions to limit discovery, pursuant to investigations under

311
subparagraph 1.

312
3.

Create fact-finding reports and make determinations

313
regarding investigations under subparagraph 1.

314
(b)

The commission shall notify a complainant of the status

315
of the investigation and any action taken at such times as the

316
commission deems appropriate.

317
(c)1.

If the commission determines that, in connection with

318
any investigation, reasonable grounds exist to believe that a

319
prohibited action has occurred, is occurring, or is to be taken

320
which requires corrective action, the commission must report the

321
determination together with a fact-finding report to the agency

322
head or independent contractor and the complainant. The

323
commission may include in the report recommendations for

324
corrective action.

325
2.

If the commission, in consultation with the individual

326
subject to the prohibited action, finds that the agency or

327
independent contractor has implemented a corrective action in

328
response to the commission’s determination and fact-finding

329
report, the commission must file such finding with the agency

330
head or independent contractor, together with any written

331
comments that the individual provides, and terminate the

332
investigation. The commission shall provide notice of the

333
termination of its investigation, along with the reason for

334
termination, to the complainant and the agency head or

335
independent contractor.

336
3.

If

the agency or independent contractor, after 35 days,

337
does not implement a corrective action, the commission must

338
terminate the investigation. If an investigation is terminated

339
pursuant to this subparagraph, the commission must provide

340
notice of the termination of its investigation, along with the

341
reason for termination, to the complainant and the agency head

342
or independent contractor, and notify the complainant of the

343
right to appeal under subsection (4).

344
(d)

If the commission determines that there are no

345
reasonable grounds to believe that a prohibited personnel action

346
has occurred, is occurring, or is to be taken, the commission

347
must terminate its investigation and report its determination,

348
together with a fact-finding report and a notice of termination

349
of investigation, to the agency head or independent contractor

350
and the complainant.

351
(e)

During any investigation under this section,

352
disciplinary action may not be taken against an employee of an

353
agency or independent contractor for reporting an alleged

354
prohibited personnel action that is under investigation, or for

355
reporting any related activity, or against any employee for

356
participating in an investigation without notifying the

357
commission.

358
(4)

RIGHT TO APPEAL.—

359
(a)

The complainant

may, within 21 days after receipt of a

360
notice of termination of an investigation from the commission,

361
file a complaint against the employer agency regarding the

362
alleged prohibited personnel action with the Public Employees

363
Relations Commission. The Public Employees Relations Commission

364
has jurisdiction over such complaints under ss. 112.3242 and

365
447.503(4) and (5).

366
(b)

Judicial review of any final order of the commission

367
must be as provided in s. 120.68.

368
(5)

RULEMAKING.—The commission may adopt rules to implement

369
this section.

370 Section 5. For the purpose of incorporating the amendment
371 made by this act to section 112.313, Florida Statutes, in a
372 reference thereto, subsection (1) of section 112.3136, Florida
373 Statutes, is reenacted to read:
374 112.3136 Standards of conduct for officers and employees of
375 entities serving as chief administrative officer of political
376 subdivisions.—The officers, directors, and chief executive
377 officer of a corporation, partnership, or other business entity
378 that is serving as the chief administrative or executive officer
379 or employee of a political subdivision, and any business entity
380 employee who is acting as the chief administrative or executive
381 officer or employee of the political subdivision, for the
382 purposes of the following sections, are public officers and
383 employees who are subject to the following standards of conduct
384 of this part:
385 (1) Section 112.313, and their “agency” is the political
386 subdivision that they serve; however, the contract under which
387 the business entity serves as chief executive or administrative
388 officer of the political subdivision is not deemed to violate s.
389 112.313(3) or (7).
390 Section 6. This act shall take effect January 1, 2027.