Florida Statute 448.25 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 448
GENERAL LABOR REGULATIONS

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F.S. 448.25

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.

History.—s. 1, ch. 95-332; s. 2, ch. 2023-138.

F.S. 448.25 on Google Scholar

F.S. 448.25 on Casetext

Amendments to 448.25

Arrestable Offenses / Crimes under Fla. Stat. 448.25

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 448.25.

Annotations, Discussions, Cases:

Cases Citing Statute 448.25

Total Results: 6

K.C. Cromwell, Inc. v. Pollard

Court: Fla. Dist. Ct. App. | Date Filed: 2010-02-19T00:00:00-08:00

Citation: 28 So. 3d 945, 2010 Fla. App. LEXIS 1795, 2010 WL 565607

Snippet: statute on 160 occasions. In accordance with section 448.25, the trial court awarded Mr. Pollard damages in

Liner v. Workers Temporary Staffing, Inc.

Court: Fla. | Date Filed: 2008-07-31T00:00:00-07:00

Citation: 990 So. 2d 473

Snippet: amount of $1000 per violation pursuant to section 448.25(1). On August 5, 2004, Liner filed a first amended… (3) the statutory-damages provision of section 448.25(1) is unconstitutionally excessive. WTS also asserted… (3) the statutory-damages provision of section 448.25(1) is unconstitutionally excessive. On appeal, …potentially extreme punitive damages provided by section 448.25(1). Therefore, we must construe any ambiguity present… for each violation of this part, and costs. § 448.25(1), Fla. Stat. (2004) (entitled "Remedies;

Burnstine v. Townley

Court: Fla. Dist. Ct. App. | Date Filed: 2008-02-28T23:53:00-08:00

Citation: 976 So. 2d 624

Snippet: than the magistrate's determination of $15,448.25. He also criticized the magistrate's use of…months to arrive at his monthly net income of $15,448.25. Citing Bromson, 710 So.2d at 155, and Silberman

KC Cromwell, Inc. v. Pollard

Court: Fla. Dist. Ct. App. | Date Filed: 2007-10-12T00:53:00-07:00

Citation: 974 So. 2d 420

Snippet: statute on IN occasions. In accordance with section 448.25, the trial court awarded Mr. Pollard damages in

Liner v. Workers Temporary Staffing, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2007-07-05T00:53:00-07:00

Citation: 962 So. 2d 344

Snippet: section of the Labor Pool Act, Sections 448.20-448.25, Florida Statutes (2003). We affirm the circuit…damages" or $1,000, and "costs." § 448.25(1), Fla. Stat. (2003). The $1,000 fine provision…sought statutory damages of $177,000 under section 448.25(1). The circuit court held that section 448.24(…] [2] The circuit court also held that section 448.25 is unconstitutional. We do not agree that the section

North v. Albee

Court: Fla. | Date Filed: 1945-01-30T00:00:00-07:00

Citation: 20 So. 2d 682, 155 Fla. 515, 157 A.L.R. 490, 1945 Fla. LEXIS 565

Snippet: v. Carter, 212 Ia. 777, 237 N.W. 52, 77 A.L.R. 448, 25 R.C.L. 1361, par. 45; American Surety Co. v. Bethlehem