Florida Statutes
Fla. Stat. § 448.103 (2025)
Employee’s remedy; relief.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
(c) Reinstatement of full fringe benefits and seniority rights.
(d) Compensation for lost wages, benefits, and other remuneration.
(e) Any other compensatory damages allowable at law.
Notes of Decisions
Cited in 50
cases (11 in the last 5 years), 1994–2026 · leading case: Golf Channel v. Jenkins, 752 So. 2d 561 (Fla. 2000).
Golf Channel v. Jenkins, 752 So. 2d 561 (Fla. 2000). “The next section, section 448.103, entitled "[e]mployee's remedy; relief," provides a cause of action for employees whose employer takes prohibited retaliatory personnel action.”
Aery v. Wallace Lincoln-Mercury, LLC, 118 So. 3d 904 (Fla. 4th DCA 2013). “As his prayer for relief, Aery tracked the language of Section 448.103(2), and requested, among other things, “[c]ompensation for lost wages, benefits, and other remuneration; and .”
Branche v. Airtran Airways, Inc., 314 F. Supp. 2d 1194 (M.D. Fla. 2004). “Fla. Stat. § 448.103 (2). Section 448.103(2) states that: [i]n any action brought pursuant to subsection (1), the court may order relief as follows: (a) An injunction restraining continued violation of this act [the FWA]; (b) Reinstatement of the employee to the same position…”
Jenkins v. Golf Channel, 714 So. 2d 558 (Fla. 5th DCA 1998). “Section 448.103 provides for the remedies and relief available when the prohibited retaliatory acts set forth in section 448.”
Golden v. Dodge-Markham Co., Inc., 1 F. Supp. 2d 1360 (M.D. Fla. 1998). “See Fla.Stat. § 448.103 (1997). Under section 448.”
Potomac Sys. Eng'g v. Deering, 683 So. 2d 180 (Fla. 2d DCA 1996). “Section 448.103(1) affords a remedy to employees who have been retaliated against for actions they have taken pursuant to either section 448.”
HCA Health Servs. of Florida v. Hillman, 906 So. 2d 1094 (Fla. 2d DCA 2004). “, d/b/a Blake Medical *1095 Center (Blake) challenges the final judgment awarding damages to the Plaintiffs Lynn Hillman, Mary Patricia Bosner and Roberta James, who filed a whistleblower action against Blake pursuant to section 448.103, Florida Statutes (2001).”
O'Neal v. Fla. a & M Univ. Ex Rel. Bd. of Trs., 989 So. 2d 6 (Fla. 1st DCA 2008). “Most courts that considered the question of the right to a jury trial under section 448.103, Florida Statutes, which creates a cause of action for retaliation against whistle blowers by private employers, decided in favor of such a right.”
Arrow Air, Inc. v. Walsh, 645 So. 2d 422 (Fla. 1994). “[4] Section 448.103, Florida Statutes (1993), provides: 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…”
Molenda v. Hoechst Celanese Corp., 60 F. Supp. 2d 1294 (S.D. Fla. 1999). “Fla.Stat. § 448.103(1)(c). “Retaliatory personnel action” is defined under the Act to mean “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.”
Branche v. Airtran Airways, Inc., 342 F.3d 1248 (11th Cir. 2003). “See Fla. Stat. 448.103(l)(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.”
Allocco v. City of Coral Gables, 221 F. Supp. 2d 1317 (S.D. Fla. 2002). “For example, under Florida’s private whistleblower act, the other provision under which the plaintiffs are proceeding, the Legislature specifically states that suit must be filed “within 2 years after discovering that the alleged retaliatory person *1367 nel action was taken, or…”
— 448.103(1) — 4 cases
Golf Channel v. Jenkins, 752 So. 2d 561 (Fla. 2000). “The next section, section 448.103, entitled "[e]mployee's remedy; relief," provides a cause of action for employees whose employer takes prohibited retaliatory personnel action.”
Jenkins v. Golf Channel, 714 So. 2d 558 (Fla. 5th DCA 1998). “Section 448.103 provides for the remedies and relief available when the prohibited retaliatory acts set forth in section 448.”
Robinson v. Jewish Ctr. Towers, Inc., 993 F. Supp. 1475 (M.D. Fla. 1998).
Potomac Sys. Eng'g v. Deering, 683 So. 2d 180 (Fla. 2d DCA 1996). “Section 448.103(1) affords a remedy to employees who have been retaliated against for actions they have taken pursuant to either section 448.”
— 448.103(1)(a) — 8 cases
Golf Channel v. Jenkins, 752 So. 2d 561 (Fla. 2000). “The next section, section 448.103, entitled "[e]mployee's remedy; relief," provides a cause of action for employees whose employer takes prohibited retaliatory personnel action.”
Holley v. Innovative Tech. of Destin, Inc., 803 So. 2d 749 (Fla. 1st DCA 2001).
HCA Health Servs. of Florida v. Hillman, 906 So. 2d 1094 (Fla. 2d DCA 2004). “, d/b/a Blake Medical *1095 Center (Blake) challenges the final judgment awarding damages to the Plaintiffs Lynn Hillman, Mary Patricia Bosner and Roberta James, who filed a whistleblower action against Blake pursuant to section 448.103, Florida Statutes (2001).”
Dahl v. Eckerd Fam. Youth Alternatives, Inc., 843 So. 2d 956 (Fla. 2d DCA 2003).
Potomac Sys. Eng'g v. Deering, 683 So. 2d 180 (Fla. 2d DCA 1996). “Section 448.103(1) affords a remedy to employees who have been retaliated against for actions they have taken pursuant to either section 448.”
— 448.103(1)(c) — 8 cases
Golf Channel v. Jenkins, 752 So. 2d 561 (Fla. 2000). “The next section, section 448.103, entitled "[e]mployee's remedy; relief," provides a cause of action for employees whose employer takes prohibited retaliatory personnel action.”
Potomac Sys. Eng'g v. Deering, 683 So. 2d 180 (Fla. 2d DCA 1996). “Section 448.103(1) affords a remedy to employees who have been retaliated against for actions they have taken pursuant to either section 448.”
Padron v. BellSouth Telecomm., Inc., 196 F. Supp. 2d 1250 (S.D. Fla. 2002).
Molenda v. Hoechst Celanese Corp., 60 F. Supp. 2d 1294 (S.D. Fla. 1999). “Fla.Stat. § 448.103(1)(c). “Retaliatory personnel action” is defined under the Act to mean “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.”
Jenkins v. Golf Channel, 714 So. 2d 558 (Fla. 5th DCA 1998). “Section 448.103 provides for the remedies and relief available when the prohibited retaliatory acts set forth in section 448.”
— 448.103(1)(e) — 1 case
Bio-Med. Applications of Florida, Inc. v. Kroll, 702 So. 2d 288 (Fla. 4th DCA 1997).
— 448.103(2) — 9 cases
Branche v. Airtran Airways, Inc., 314 F. Supp. 2d 1194 (M.D. Fla. 2004). “Fla. Stat. § 448.103 (2). Section 448.103(2) states that: [i]n any action brought pursuant to subsection (1), the court may order relief as follows: (a) An injunction restraining continued violation of this act [the FWA]; (b) Reinstatement of the employee to the same position…”
Aery v. Wallace Lincoln-Mercury, LLC, 118 So. 3d 904 (Fla. 4th DCA 2013). “As his prayer for relief, Aery tracked the language of Section 448.103(2), and requested, among other things, “[c]ompensation for lost wages, benefits, and other remuneration; and .”
Archdiocese of Miami, Inc. v. Minagorri, 954 So. 2d 640 (Fla. 3d DCA 2007).
Molenda v. Hoechst Celanese Corp., 60 F. Supp. 2d 1294 (S.D. Fla. 1999). “Fla.Stat. § 448.103(1)(c). “Retaliatory personnel action” is defined under the Act to mean “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.”
Golden v. Dodge-Markham Co., Inc., 1 F. Supp. 2d 1360 (M.D. Fla. 1998). “See Fla.Stat. § 448.103 (1997). Under section 448.”
— 448.103(2)(d) — 2 cases
Aery v. Wallace Lincoln-Mercury, LLC, 118 So. 3d 904 (Fla. 4th DCA 2013). “As his prayer for relief, Aery tracked the language of Section 448.103(2), and requested, among other things, “[c]ompensation for lost wages, benefits, and other remuneration; and .”
O'Neal v. Fla. a & M Univ. Ex Rel. Bd. of Trs., 989 So. 2d 6 (Fla. 1st DCA 2008). “Most courts that considered the question of the right to a jury trial under section 448.103, Florida Statutes, which creates a cause of action for retaliation against whistle blowers by private employers, decided in favor of such a right.”
— 448.103(2)(e) — 6 cases
Aery v. Wallace Lincoln-Mercury, LLC, 118 So. 3d 904 (Fla. 4th DCA 2013). “As his prayer for relief, Aery tracked the language of Section 448.103(2), and requested, among other things, “[c]ompensation for lost wages, benefits, and other remuneration; and .”
O'Neal v. Fla. a & M Univ. Ex Rel. Bd. of Trs., 989 So. 2d 6 (Fla. 1st DCA 2008). “Most courts that considered the question of the right to a jury trial under section 448.103, Florida Statutes, which creates a cause of action for retaliation against whistle blowers by private employers, decided in favor of such a right.”
Hanna v. WCI Communities, Inc., 348 F. Supp. 2d 1332 (S.D. Fla. 2004).
Branche v. Airtran Airways, Inc., 314 F. Supp. 2d 1194 (M.D. Fla. 2004). “Fla. Stat. § 448.103 (2). Section 448.103(2) states that: [i]n any action brought pursuant to subsection (1), the court may order relief as follows: (a) An injunction restraining continued violation of this act [the FWA]; (b) Reinstatement of the employee to the same position…”
State of Florida, Agency for Persons With Disabilities v. Sally Toal (Fla. 1st DCA 2025).
— 448.103(l)(a) — 1 case
Branche v. Airtran Airways, Inc., 342 F.3d 1248 (11th Cir. 2003). “See Fla. Stat. 448.103(l)(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.”
— 448.103(l)(b) — 2 cases
Chase v. Jowdy Indus., Inc., 913 So. 2d 1173 (Fla. 4th DCA 2005).
Lopez v. Triangle Auto Ctr., Inc., 677 So. 2d 114 (Fla. 4th DCA 1996).
— 448.103(l)(c) — 3 cases
Pinder v. Bahamasair Holdings Ltd., Inc., 661 F. Supp. 2d 1348 (S.D. Fla. 2009).
Bell v. Georgia-Pac. Corp., 390 F. Supp. 2d 1182 (M.D. Fla. 2005).
McEowen v. Jones Chem., Inc., 758 So. 2d 92 (Fla. 2000).
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