448.105

Existing rights.

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448.105 Existing rights.—This act does not diminish the rights, privileges, or remedies of an employee or employer under any other law or rule or under any collective bargaining agreement or employment contract.

History.—s. 8, ch. 91-285.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1993–2021 · leading case: Branche v. Airtran Airways, Inc.

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Branche v. Airtran Airways, Inc. (2004) flmd · cites it 5× “” Fla. Stat. § 448.105 . 2 . Florida courts generally construe a statute strictly when that statute is in the derogation of the common law.”

Schroeder v. Crowley Maritime Corp. (1993) flsd · cites it 3× “” However, Fla.Stat. § 448.105 provides: This act does not diminish the rights, privileges, or remedies of an employee or employer under any other law or rule or under any collective bargaining agreement or employment contract.”

Taylor v. Memorial Health Systems, Inc. (2000) fladistctapp · cites it 2× “" Fla. Stat. § 448.105 (1) (1995). The trier of fact could reasonably infer that Memorial's reasons for suspension and transfer were pretextual in light of the depositions available to the trial court at the summary judgment hearing.”

HOSPICECARE OF SOUTHEAST FLORIDA v. Major (2007) fladistctapp “105, Existing Rights, the Act states: This act does not diminish the rights, privileges, or remedies of an employee or employer under any other law or rule or under any collective bargaining agreement or employment contract. When read together, both the plain language of the…”

Gray v. Webco General Partnership (1999) flmd “Section 448.105 conveys the legislature’s intention not to diminish the rights, privileges, or remedies of any party under any other law or rule.”

Bernard Nadeau v. Twin Rivers Paper Company, LLC (2021) me “” Fla. Stat. § 448.105 (LEXIS through 2020 gen.”

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