The Florida Senate

250.482  Troops ordered into state active service; not to be penalized by employers and postsecondary institutions.--

(1)  In the event that a member of the Florida National Guard is ordered into active service pursuant to this chapter, no private or public employer, and no employing or appointing authority of this state, its counties, municipalities, political subdivisions, community colleges, or universities, shall discharge, reprimand, or in any other way penalize such member because of his or her absence by reason of state active duty.

(2)  If the Adjutant General certifies that there is probable cause to believe there has been a violation of this section, an employee who has been employed for a period of at least 1 year prior to being ordered into active service so injured by a violation of this section may bring civil action against an employer violating the provisions of this section in a court of competent jurisdiction of the county in which the alleged violator resides or has his or her principal place of business, or in the county wherein the alleged violation occurred. Upon adverse adjudication, the defendant shall be liable for actual damages or $500, whichever is greater. The prevailing party in any litigation proceedings shall be entitled to recover their reasonable attorney's fees and reasonable court costs.

(3)  The certification of probable cause may not be issued until the Adjutant General has investigated the issues. All employers and other personnel involved with the issues of such investigation must cooperate with the Adjutant General in the investigation.

History.--s. 1, ch. 80-227; s. 164, ch. 81-259; s. 1, ch. 88-330; s. 116, ch. 95-148; s. 1, ch. 96-340; s. 31, ch. 97-96.