Andrew Powell
Employees could be given added protections for reporting workplace violations if a new measure is adopted.
The bill (HB 495) filed by Naples Republican Rep. Yvette Benarroch would provide specified provisions to protect employees who submit written complaints to the Commission on Ethics.
It aims to prevent agencies or independent contractors from retaliating against employees who report violations of the law, breaches of public trust, or disclosures of protected information unless the information disclosed is known to be false.
Information disclosed to the Commission would be required to outline any violations or suspected violations of certain standards, including violations of the Florida Constitution or any specific Florida statute provisions.
The bill defines an agency as any state, regional, county, local or municipal governmental entity, whether executive, judicial, or legislative. It includes any officials, officers, departments, divisions, bureaus, commissions, authorities, political subdivisions, public school districts, Florida College System institutions, or state universities.
Employees who submit written complaints to the Commission or provide information during an investigation would be protected from suspension, transfer, and demotion.
Employers would be prohibited from withholding wages, reducing salaries, benefits, or bonuses against employees. However, This protection would not apply to employees who had also committed or intentionally participated in the reported violation.
If an employee is subjected to adverse action after filing a complaint with the Commission, the bill will allow the employee to pursue administration remedies outlined in Florida statutes or lodge a civil action against their employer within 180 days of receiving notice from the Commission on Human Relations that the investigation has been terminated.
Local public employees who have been discharged, disciplined, subjected to other adverse personnel action, or denied employment would receive additional avenues to lodge complaints with an appropriate local governmental authority within 60 days — if that authority has established administrative procedures to handle such complaints, or has contracted with the Division of Administrative Hearings.
Hearings must be conducted by an impartial panel appointed by the appropriate local governmental authority. They would make a final decision based on findings of fact and conclusions of law. A local employee would be able to lodge a civil action within 180 days of the final decision made by the panel if it does not establish an administrative procedure.
If the employee prevails, relief would be mandated in various forms, such as reinstatement, compensation for lost wages, and payment of attorney fees. Employers can defend themselves against claims by proving that the basis for adverse action was on grounds other than the employee’s protected disclosure.
The bill further states it would not diminish employees’ rights or remedies under other laws, rules, collective bargaining agreements, or employment contracts.
If passed, the bill would take effect July 1, 2025.
