Florida Statute 448.103 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 448
GENERAL LABOR REGULATIONS

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F.S. 448.103

448.103 Employee’s remedy; relief.—

(1)(a) An employee who has been the object of a retaliatory personnel action in violation of this act may institute a civil action in a court of competent jurisdiction for relief as set forth in subsection (2) within 2 years after discovering that the alleged retaliatory personnel action was taken, or within 4 years after the personnel action was taken, whichever is earlier.

(b) Any civil action authorized under this section may be brought in the county in which the alleged retaliatory personnel action occurred, in which the complainant resides, or in which the employer has its principal place of business.

(c) An employee may not recover in any action brought pursuant to this subsection if he or she failed to notify the employer about the illegal activity, policy, or practice as required by s. 448.102(1) or if the retaliatory personnel action was predicated upon a ground other than the employee’s exercise of a right protected by this act.

(2) In any action brought pursuant to subsection (1), the court may order relief as follows:

(a) An injunction restraining continued violation of this act.

(b) Reinstatement of the employee to the same position held before the retaliatory personnel action, or to an equivalent position.

(d) Compensation for lost wages, benefits, and other remuneration.

(e) Any other compensatory damages allowable at law.

History.—s. 6, ch. 91-285; s. 169, ch. 97-103.

F.S. 448.103 on Google Scholar

F.S. 448.103 on Casetext

Amendments to 448.103

Arrestable Offenses / Crimes under Fla. Stat. 448.103

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 448.103.

Annotations, Discussions, Cases:

Cases Citing Statute 448.103

Total Results: 20

ODALYS HERRERA v. JARDEN CORPORATION, TONYA JARVIS and JOHN CAPPS

Court: District Court of Appeal of Florida | Date Filed: 2022-02-23

Snippet: section 448.102, Florida Statutes (2013). Section 448.103(1)(a) provides that an employee subjected to a

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: are awardable in a jury trial pursuant to F.S. 448.103(2), see U.S. E.E.O.C. v. W & O, Inc., 213 F.3d

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: for relief, Aery tracked the language of Section 448.103(2), and requested, among other things, “[c]ompensation

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: This instruction is based on F.S. 448.102 and 448.103(c). 2. On the issue of causation, Florida and federal

O'Neal v. Fla. a & M University Ex Rel. Bd. of Trustees

Court: District Court of Appeal of Florida | Date Filed: 2008-06-05

Citation: 989 So. 2d 6, 2008 WL 2276307

Snippet: question of the right to a jury trial under section 448.103, Florida Statutes, which creates a cause of action

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: front pay and reinstatement to her position. § 448.103(2), Fla. Stat. (2006). The Archdiocese claims that

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: under the Act's civil remedy provision. See § 448.103, Fla. Stat. (2004). The FCRA states that its purpose

Chase v. Jowdy Industries, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2005-10-12

Citation: 913 So. 2d 1173, 2005 Fla. App. LEXIS 16258, 2005 WL 2508534

Snippet: em*1175ployer has its principal place of business.” § 448.103(l)(b), Fla. Stat. (2005). The statute gives a plaintiff

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: counterpart. The remedies available under section 448.103(2) are similar to those available under section

HCA HEALTH SERVICES OF FLORIDA v. Hillman

Court: District Court of Appeal of Florida | Date Filed: 2004-12-10

Citation: 906 So. 2d 1094, 2004 WL 3024709

Snippet: whistleblower action against Blake pursuant to section 448.103, Florida Statutes (2001).[1] In the consolidated

Bruner v. GC-GW, INC.

Court: District Court of Appeal of Florida | Date Filed: 2004-08-30

Citation: 880 So. 2d 1244, 2004 WL 1920012

Snippet: (holding that any ambiguities in *1247 paragraph 448.103(1)(c), a section of the Whistleblowers Act which

Brasington v. EMC Corp.

Court: District Court of Appeal of Florida | Date Filed: 2003-10-13

Citation: 855 So. 2d 1212, 20 I.E.R. Cas. (BNA) 840, 2003 Fla. App. LEXIS 15268, 2003 WL 22326664

Snippet: Florida Whistleblower Act, sections 448.102(3) and 448.103, Florida Statutes. The complaint alleged that EMC

Dahl v. Eckerd Family Youth Alternatives, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2003-04-16

Citation: 843 So. 2d 956, 2003 WL 1876973

Snippet: for the private-sector whistleblower statute, § 448.103(1)(a), but it would have been untimely under the

NEW WORLD COMMUNICATION OF TAMPA, INC. v. Akre

Court: District Court of Appeal of Florida | Date Filed: 2003-02-14

Citation: 866 So. 2d 1231, 2003 WL 327505

Snippet: defendants apply to cases brought under section 448.103. To the extent that this question has been addressed

Holley v. Innovative Tech. of Destin, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2001-10-17

Citation: 803 So. 2d 749, 2001 WL 1230251

Snippet: the applicable statute of limitations. Section 448.103(1)(a), Florida Statutes, provides that an employee

Ridener v. LDAR, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2000-11-08

Citation: 771 So. 2d 1238, 2000 Fla. App. LEXIS 14593, 2000 WL 1671072

Snippet: against his former employer pursuant to section 448.103, Florida Statutes (1995). The trial court dismissed

McEowen v. Jones Chemical, Inc.

Court: Supreme Court of Florida | Date Filed: 2000-04-13

Citation: 758 So. 2d 92, 25 Fla. L. Weekly Supp. 285, 16 I.E.R. Cas. (BNA) 1009, 2000 Fla. LEXIS 737, 2000 WL 373747

Snippet: written notice requirement of sections 448.102 and 448.103, Florida Statutes (1995). We held that when an

Golf Channel v. Jenkins

Court: Supreme Court of Florida | Date Filed: 2000-01-13

Citation: 752 So. 2d 561, 25 Fla. L. Weekly Supp. 31, 15 I.E.R. Cas. (BNA) 1574, 2000 Fla. LEXIS 9, 2000 WL 31834

Snippet: notice provisions found in sections 448.102 and 448.103, Florida Statutes (1995), part of the Whistle-Blower

McEowen v. Jones Chemical, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1999-09-08

Citation: 745 So. 2d 991, 15 I.E.R. Cas. (BNA) 1213, 1999 Fla. App. LEXIS 12065, 1999 WL 770725

Snippet: satisfied the notice requirement of subsection 448.103(1)(c). We disagree on both points. The whistle-blower

Judd v. Englewood Community Hosp.

Court: District Court of Appeal of Florida | Date Filed: 1999-06-04

Citation: 739 So. 2d 627, 1999 WL 538120

Snippet: ambiguity exists between sections 448.102 and 448.103 concerning the necessity of written notice for