Florida Statute 448.101 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 448
GENERAL LABOR REGULATIONS

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F.S. 448.101

448.101 Definitions.—As used in ss. 448.101-448.105, the term:

(1) “Appropriate governmental agency” means any agency of government charged with the enforcement of laws, rules, or regulations governing an activity, policy, or practice of an employer.

(2) “Employee” means a person who performs services for and under the control and direction of an employer for wages or other remuneration. The term does not include an independent contractor.

(3) “Employer” means any private individual, firm, partnership, institution, corporation, or association that employs ten or more persons.

(4) “Law, rule, or regulation” includes any statute or ordinance or any rule or regulation adopted pursuant to any federal, state, or local statute or ordinance applicable to the employer and pertaining to the business.

(5) “Retaliatory personnel action” means the discharge, suspension, or demotion by an employer of an employee or any other adverse employment action taken by an employer against an employee in the terms and conditions of employment.

(6) “Supervisor” means any individual within an employer’s organization who has the authority to direct and control the work performance of the affected employee or who has managerial authority to take corrective action regarding the violation of law, rule, or regulation of which the employee complains.

History.—s. 4, ch. 91-285.

F.S. 448.101 on Google Scholar

F.S. 448.101 on Casetext

Amendments to 448.101

Arrestable Offenses / Crimes under Fla. Stat. 448.101

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 448.101.

Annotations, Discussions, Cases:

Cases Citing Statute 448.101

Total Results: 20

Gessner v. Southern Company and Gulf Power Company

Court: District Court of Appeal of Florida | Date Filed: 2024-11-20

Snippet: the employer and pertaining to the business.” § 448.101(4). Thus, it must be a legislatively enacted law

LE PUBLICATIONS, INC. v. RANDALL KOHL

Court: District Court of Appeal of Florida | Date Filed: 2020-05-27

Snippet: the employer and pertaining to the business.” § 448.101(4), Fla. Stat. (2005). To establish a prima

CHARLES BARONE v. PALM BEACH HOTEL CONDOMINIUM ASSOCIATION, INC.

Court: District Court of Appeal of Florida | Date Filed: 2018-12-12

Citation: 262 So. 3d 767

Snippet: Florida’s Private Sector Whistleblower Act, section 448.101, et seq., Florida Statutes (2015). Even assuming

In Re: Standard Jury Instructions in Civil Cases—report No. 17-04

Court: Supreme Court of Florida | Date Filed: 2017-11-22

Citation: 230 So. 3d 815

Snippet: adverse employment action are derived from F.S. 448.101(5) and case law. Donovan v. Broward Cnty. Bd. of

Vaughn Usher v. Nipro Diabetes Systems, Inc., and Nipro Medical Corporation

Court: District Court of Appeal of Florida | Date Filed: 2016-02-24

Citation: 184 So. 3d 1260

Snippet: the employer and pertaining to the business.” § 448.101(4), Fla. Stat. (2009). To state a claim under the

Kearns v. Farmer Acquisition Company

Court: District Court of Appeal of Florida | Date Filed: 2015-02-11

Citation: 157 So. 3d 458, 39 I.E.R. Cas. (BNA) 1384, 2015 Fla. App. LEXIS 1782

Snippet: the Employer), asserting a claim under sections 448.101 to 448.105, Florida Statutes (2009), also known

Aery v. Wallace Lincoln-Mercury, LLC

Court: District Court of Appeal of Florida | Date Filed: 2013-07-31

Citation: 118 So. 3d 904, 2013 WL 3924091, 2013 Fla. App. LEXIS 11992

Snippet: in which he alleged one violation of section 448.101-105, Florida Statutes (2005), also known as Florida’s

Morales v. Florida Reemployment Assistance Appeals Commission

Court: District Court of Appeal of Florida | Date Filed: 2013-02-06

Citation: 106 So. 3d 81, 2013 Fla. App. LEXIS 1751, 2013 WL 440211

Snippet: been discharged by the employer for misconduct. § 448.101, Fla. Stat. (2011). Misconduct is defined, in pertinent

In re Standard Jury Instructions in Civil Cases—Report No. 2011-01 (Unlawful Retaliation)

Court: Supreme Court of Florida | Date Filed: 2012-07-12

Citation: 95 So. 3d 106, 2012 WL 2848897

Snippet: private-sector *108whistle-blower provisions, sections 448.101-105, Florida Statutes, require proof of an actual

Juarez v. New Branch Corp.

Court: District Court of Appeal of Florida | Date Filed: 2011-08-10

Citation: 67 So. 3d 1159, 2011 Fla. App. LEXIS 12530, 2011 WL 3477034

Snippet: retaliatory personnel action to include termination. § 448.101(5), Fla. Stat. (2009). A “law rule, or regulation”

Nova Southeastern University, Inc. v. Jacobson

Court: District Court of Appeal of Florida | Date Filed: 2009-12-23

Citation: 25 So. 3d 82, 2009 Fla. App. LEXIS 20008, 2009 WL 4928032

Snippet: violative of the Florida Whistleblower Act, section 448.101, Florida Statutes. She alleged that Nova had commenced

Diaz v. Impex of Doral, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2009-03-18

Citation: 7 So. 3d 591, 29 I.E.R. Cas. (BNA) 498, 2009 Fla. App. LEXIS 2223, 2009 WL 690638

Snippet: an employer employ ten or more persons. See § 448.101(3), Fla. Stat. (2002). However, he argued that

HOSPICECARE OF SOUTHEAST FLORIDA v. Major

Court: District Court of Appeal of Florida | Date Filed: 2007-11-21

Citation: 968 So. 2d 117, 26 I.E.R. Cas. (BNA) 1574, 2007 Fla. App. LEXIS 18614, 2007 WL 4126369

Snippet: employer under the Whistle Blower Act, sections 448.101.105, Florida Statutes (2002), is encompassed by

Morin v. Florida Power & Light Co.

Court: District Court of Appeal of Florida | Date Filed: 2007-07-18

Citation: 963 So. 2d 258, 26 I.E.R. Cas. (BNA) 578, 2007 Fla. App. LEXIS 10979, 2007 WL 2043458

Snippet: Whistleblower Act ("Whistleblower Act" or "Act"), section 448.101, et seq., Florida Statutes (2005). We affirm. Morin

Archdiocese of Miami, Inc. v. Minagorri

Court: District Court of Appeal of Florida | Date Filed: 2007-03-14

Citation: 954 So. 2d 640, 2007 Fla. App. LEXIS 3736, 2007 WL 756106

Snippet: Miñagorri and her immediate supervisor. See §§ 448.101-.105, Fla. Stat. (2006) (Florida's Private Sector

Ruiz v. Aerorep Group Corp.

Court: District Court of Appeal of Florida | Date Filed: 2006-11-08

Citation: 941 So. 2d 505, 2006 WL 3208839

Snippet: Florida's Private Sector Whistleblower's Act, § 448.101, et seq., Fla. Stat. (2003)("Whistleblower's Act")

Rivera v. Torfino Enterprises, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2005-11-30

Citation: 914 So. 2d 1087, 23 I.E.R. Cas. (BNA) 1415, 2005 Fla. App. LEXIS 18803, 98 Fair Empl. Prac. Cas. (BNA) 766, 2005 WL 3179984

Snippet: 87 (Fla. 3d DCA 1999)). Florida Statute section 448.101 et. seq. is Florida's private sector Whistleblower's

Tracey-Meddoff v. J. Altman Hair & Beauty

Court: District Court of Appeal of Florida | Date Filed: 2005-04-13

Citation: 899 So. 2d 1167, 2005 WL 841680

Snippet: Florida's private sector whistleblower act, sections 448.101.105, Florida Statutes (2003). Her amended complaint

DeSocio v. Sonic Automotive

Court: District Court of Appeal of Florida | Date Filed: 2005-02-04

Citation: 894 So. 2d 1064, 2005 WL 263949

Snippet: that Sonic was the prevailing party under section 448.101 but nevertheless decided that Sonic should bear

Snow v. Ruden, McClosky, Smith, Schuster

Court: District Court of Appeal of Florida | Date Filed: 2005-01-19

Citation: 896 So. 2d 787, 36 A.L.R. 6th 845, 22 I.E.R. Cas. (BNA) 873, 2005 Fla. App. LEXIS 266, 2005 WL 280337

Snippet: Ms. Snow's suit alleged a violation of section 448.101(2)-(3), Florida Statutes (1999), part of what is