Florida Statutes
Fla. Stat. § 448.25 (2025)
Remedies; damages; costs.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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448.25 Remedies; damages; costs.—
(1)(a) Any worker aggrieved by a violation of s. 448.24 has the right to bring a civil action in a court of competent jurisdiction against the labor pool responsible for such violation.
(b) Before bringing a civil action pursuant to this section, an aggrieved worker must give the labor pool a reasonable opportunity to cure the alleged violation. The aggrieved worker must serve the labor pool in accordance with s. 48.081 with written notice of the alleged violation. Such notice must include a statement that failure by the labor pool to cure the alleged violation within 60 days after receipt of the notice may result in a civil action being filed against it in a court of competent jurisdiction. A labor pool may cure a violation relating to its labor hall facilities by modifying the alleged violation to comply with s. 448.24(5).
(c) In any action commenced pursuant to this section, the aggrieved worker is entitled to recover actual and consequential damages, or $1,000, whichever is greater, for each violation of s. 448.24, and costs.
(2) A civil action brought under s. 448.24 must be filed within 1 year after the date the aggrieved worker serves written notice of the alleged violation on the labor pool.
(3) The remedies provided by this part for a violation of s. 448.24 are exclusive and preclude the aggrieved worker from pursuing any other remedy at law or equity which the worker may have.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2007–2024 · leading case: Liner v. Workers Temp. Staffing, Inc., 990 So. 2d 473 (Fla. 2008).
Liner v. Workers Temp. Staffing, Inc., 990 So. 2d 473 (Fla. 2008). “2 ("The circuit court also held that section 448.25 is unconstitutional. We do not agree that the section is unconstitutionally vague.”
Liner v. Workers Temp. Staffing, Inc., 962 So. 2d 344 (Fla. 4th DCA 2007). “] [2] The circuit court also held that section 448.25 is unconstitutional. We do not agree that the section is unconstitutionally vague.”
KC Cromwell, Inc. v. Pollard, 974 So. 2d 420 (Fla. 2d DCA 2007). “In accordance with section 448.25, the trial court awarded Mr.”
Duran v. Joekel (M.D. Fla. 2024). “” Fla. Stat. § 448.25 (1)(a). The FLPA is “penal in nature,” and “any ambiguity present in a civil statute of a penal nature is construed in favor of the party alleged to have violated the statute.”
K.C. Cromwell, Inc. v. Pollard, 28 So. 3d 945 (Fla. 2d DCA 2010). “” The trial court held that the Manatee County Area Transit System rate of
— 448.25(1) — 2 cases
Liner v. Workers Temp. Staffing, Inc., 990 So. 2d 473 (Fla. 2008). “2 ("The circuit court also held that section 448.25 is unconstitutional. We do not agree that the section is unconstitutionally vague.”
Liner v. Workers Temp. Staffing, Inc., 962 So. 2d 344 (Fla. 4th DCA 2007). “] [2] The circuit court also held that section 448.25 is unconstitutional. We do not agree that the section is unconstitutionally vague.”
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