Florida Senate - 2026 CS for SB 92
By the Committee on Governmental Oversight and Accountability;
and Senator Gaetz
585-01751-26 202692c1
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 specified agency employees or independent contractors
8 under 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 or applicants for employment to file
24 complaints in accordance with specified provisions;
25 authorizing certain complainants to pursue a specified
26 administrative remedy or a civil action within a
27 specified timeframe; requiring specified relief;
28 providing applicability; providing that it is an
29 affirmative defense to certain actions that the
30 adverse personnel action was predicated on grounds
31 other than the exercising of certain protected rights;
32 providing construction; amending s. 112.324, F.S.;
33 requiring the Commission on Ethics to deliver copies
34 of complaints and any amendment thereto to the Public
35 Employees Relations Commission upon receiving a
36 written request from the agency; providing that such
37 delivery does not affect specified exemptions in
38 regard to the complaint and amendments; requiring that
39 such delivery be within a reasonable timeframe;
40 requiring that the Commission on Ethics redact certain
41 information under specified conditions; requiring the
42 commission to deliver complaints and any amendment
43 thereto to certain persons upon a notarized written
44 request; providing that such delivery does not affect
45 the specified exemptions of the complaint; requiring
46 that such delivery be within a reasonable timeframe;
47 requiring that the commission redact certain
48 information under specified conditions; creating s.
49 112.3243, F.S.; authorizing certain employees to file
50 a 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 agency employee
110 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 commission.
182 (6) EMPLOYEES AND PERSONS PROTECTED.—This section protects
183 employees and persons who submit a written complaint to the
184 commission 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 or applicant for employment
192 with an agency who is subjected to adverse personnel action
193 because he or she engaged in an activity protected by this
194 section may file a complaint, which must be made in accordance
195 with s. 112.3243. Upon receipt of notice from the commission of
196 termination of the investigation, the complainant may elect to
197 pursue the administrative remedy available under s. 112.3243 or
198 bring a civil action within 180 days after receipt of the
199 notice.
200 (8) RELIEF.—In any action brought under this section, the
201 relief must include the following:
202 (a) Reinstatement of the employee to the same position held
203 before the adverse personnel action was commenced, or to an
204 equivalent position, or reasonable front pay as an alternative
205 relief.
206 (b) Reinstatement of the employee’s full fringe benefits
207 and seniority rights, as appropriate.
208 (c) Compensation to the employee, if appropriate, for lost
209 wages, benefits, or other lost remuneration caused by the
210 adverse personnel action.
211 (d) Payment of reasonable costs, including attorney fees,
212 to a substantially prevailing employee, or to the prevailing
213 employer if the employee filed a frivolous action in bad faith.
214 (e) Issuance of an injunction, if appropriate, by a court
215 of competent jurisdiction.
216 (f) Temporary reinstatement of the employee to his or her
217 former position or to an equivalent position, pending the final
218 outcome on the complaint, if an employee complains of being
219 discharged in retaliation for a protected disclosure and if a
220 court of competent jurisdiction or the commission, as applicable
221 under s. 112.3243, determines that the disclosure was not made
222 in bad faith or for a wrongful purpose or that the disclosure
223 occurred after an agency’s or independent contractor’s
224 initiation of a personnel action against the employee which
225 includes documentation of the employee’s violation of a
226 disciplinary standard or performance deficiency. This paragraph
227 does not apply to an employee of a municipality.
228 (9) DEFENSE.—It is an affirmative defense to any action
229 brought pursuant to this section that the adverse personnel
230 action was predicated upon grounds other than, and would have
231 been taken absent, the employee’s or person’s exercise of rights
232 protected by this section.
233 (10) EXISTING RIGHTS.—This section does not diminish the
234 rights, privileges, or remedies of an employee under any other
235 law or rule or under any collective bargaining agreement or
236 employment contract; however, the election of remedies in s.
237 447.401 also applies to actions under this section.
238 Section 3. Paragraphs (g) and (h) are added to subsection
239 (2) of section 112.324, Florida Statutes, to read:
240 112.324 Procedures on complaints of violations and
241 referrals; public records and meeting exemptions.—
242 (2)
243 (g) Notwithstanding the exemptions in paragraphs (a)-(d),
244 the Commission on Ethics shall deliver a copy of an ethics
245 complaint, and its timely amendments, to the Public Employees
246 Relations Commission upon receiving a written request from the
247 agency. The Commission on Ethics’ delivery of the complaint, and
248 any amendment thereto, does not affect the exemptions in
249 paragraphs (a)-(d) in any other context. The Commission on
250 Ethics shall deliver the complaint, and any amendment thereto,
251 within a reasonable timeframe. If the exemptions in paragraphs
252 (a)-(d) are applicable at the time of the request, the
253 commission must redact any designation to the complaint form it
254 supplied after the form was filed, including, but not limited
255 to, date stamps, receipt stamps, and complaint serial numbers.
256 (h) Notwithstanding the exemptions in paragraphs (a)-(d),
257 the commission shall deliver a copy of an ethics complaint, and
258 its timely amendments, to the person who filed the ethics
259 complaint and identified himself or herself in the text of the
260 complaint or its timely amendments as a current or former
261 employee of the agency associated with the respondent named in
262 the complaint or of an independent contractor of that agency,
263 upon receiving a notarized, written request from such person.
264 The commission’s delivery of the complaint, and any amendment
265 thereto, does not affect the exemptions in paragraphs (a)-(d) in
266 any other context. The commission shall deliver the complaint
267 within a reasonable timeframe. If the exemptions in paragraphs
268 (a)-(d) are applicable at the time of the request, the
269 commission must redact any designation to the complaint form it
270 supplied after the form was filed, including, but not limited
271 to, date stamps, receipt stamps, and complaint serial numbers.
272 Section 4. Section 112.3243, Florida Statutes, is created
273 to read:
274 112.3243 Investigative procedures in response to prohibited
275 personnel actions against ethics complaints.—
276 (1) COMPLAINT.—
277 (a) If a disclosure under s. 112.3242 results in alleged
278 retaliation by an employer, the employee or former employee of
279 an agency or independent contractor that is so affected may file
280 a complaint alleging a prohibited personnel action, which must
281 be made by filing a written complaint with the commission no
282 later than 60 days after the prohibited personnel action.
283 (b) Within 5 working days after receiving a complaint under
284 this section, the commission shall acknowledge receipt of the
285 complaint and provide copies of the complaint and any other
286 preliminary information available concerning the disclosure of
287 information under s. 112.3242 to the employer, who shall
288 acknowledge receipt of such copies to the complainant.
289 (2) FACT-FINDING.—The commission shall:
290 (a) Receive any allegation of a personnel action prohibited
291 by s. 112.3242, including a proposed or potential action, and
292 conduct informal fact-finding regarding any allegation of a
293 legally sufficient complaint under this section to the extent
294 necessary to determine whether there are reasonable grounds to
295 believe that a prohibited personnel action under s. 112.3242 has
296 occurred, is occurring, or is to be taken.
297 (b) Within 180 days after receiving the complaint, provide
298 the agency head or independent contractor and the complainant
299 with a fact-finding report that may include recommendations to
300 the parties or a proposed resolution of the complaint. The fact
301 finding report is admissible in any subsequent or related
302 administrative or judicial review.
303 (3) INVESTIGATIVE POWERS AND TERMINATION OF INVESTIGATION.—
304 (a) The commission, in accordance with this section, is
305 empowered to:
306 1. Receive and investigate complaints from employees
307 alleging retaliation by agencies or independent contractors.
308 2. Administer oaths, examine witnesses, take statements,
309 issue subpoenas, order the taking of depositions, order
310 responses to written interrogatories, and make appropriate
311 motions to limit discovery, pursuant to investigations under
312 subparagraph 1.
313 3. Create fact-finding reports and make determinations
314 regarding investigations under subparagraph 1.
315 (b) The commission shall notify a complainant of the status
316 of the investigation and any action taken at such times as the
317 commission deems appropriate.
318 (c)1. If the commission determines that, in connection with
319 any investigation, reasonable grounds exist to believe that a
320 prohibited action has occurred, is occurring, or is to be taken
321 which requires corrective action, the commission must report the
322 determination together with a fact-finding report to the agency
323 head or independent contractor and the complainant. The
324 commission may include in the report recommendations for
325 corrective action.
326 2. If the commission, in consultation with the individual
327 subject to the prohibited action, finds that the agency or
328 independent contractor has implemented a corrective action in
329 response to the commission’s determination and fact-finding
330 report, the commission must file such finding with the agency
331 head or independent contractor, together with any written
332 comments that the individual provides, and terminate the
333 investigation. The commission shall provide notice of the
334 termination of its investigation, along with the reason for
335 termination, to the complainant and the agency head or
336 independent contractor.
337 3. If the agency or independent contractor, after 35 days,
338 does not implement a corrective action, the commission must
339 terminate the investigation. If an investigation is terminated
340 pursuant to this subparagraph, the commission must provide
341 notice of the termination of its investigation, along with the
342 reason for termination, to the complainant and the agency head
343 or independent contractor, and notify the complainant of the
344 right to appeal under subsection (4).
345 (d) If the commission determines that there are no
346 reasonable grounds to believe that a prohibited personnel action
347 has occurred, is occurring, or is to be taken, the commission
348 must terminate its investigation and report its determination,
349 together with a fact-finding report and a notice of termination
350 of investigation, to the agency head or independent contractor
351 and the complainant.
352 (e) During any investigation under this section,
353 disciplinary action may not be taken against an employee of an
354 agency or independent contractor for reporting an alleged
355 prohibited personnel action that is under investigation, or for
356 reporting any related activity, or against any employee for
357 participating in an investigation without notifying the
358 commission.
359 (4) RIGHT TO APPEAL.—
360 (a) The complainant may, within 21 days after receipt of a
361 notice of termination of an investigation from the commission,
362 file a complaint against the employer agency regarding the
363 alleged prohibited personnel action with the Public Employees
364 Relations Commission. The Public Employees Relations Commission
365 has jurisdiction over such complaints under ss. 112.3242 and
366 447.503(4) and (5).
367 (b) Judicial review of any final order of the commission
368 must be as provided in s. 120.68.
369 (5) RULEMAKING.—The commission may adopt rules to implement
370 this section.
371 Section 5. For the purpose of incorporating the amendment
372 made by this act to section 112.313, Florida Statutes, in a
373 reference thereto, subsection (1) of section 112.3136, Florida
374 Statutes, is reenacted to read:
375 112.3136 Standards of conduct for officers and employees of
376 entities serving as chief administrative officer of political
377 subdivisions.—The officers, directors, and chief executive
378 officer of a corporation, partnership, or other business entity
379 that is serving as the chief administrative or executive officer
380 or employee of a political subdivision, and any business entity
381 employee who is acting as the chief administrative or executive
382 officer or employee of the political subdivision, for the
383 purposes of the following sections, are public officers and
384 employees who are subject to the following standards of conduct
385 of this part:
386 (1) Section 112.313, and their “agency” is the political
387 subdivision that they serve; however, the contract under which
388 the business entity serves as chief executive or administrative
389 officer of the political subdivision is not deemed to violate s.
390 112.313(3) or (7).
391 Section 6. This act shall take effect January 1, 2027.