Florida Statute 532.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 532
DEVICES ISSUED IN PAYMENT FOR LABOR

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F.S. 532.04

532.04 Payment by direct deposit of funds.—

(1) None of the provisions of this chapter shall be deemed or construed to prohibit the payor of wages or salary from causing the amount of such wages or salary to be deposited directly to the account of the payee in a financial institution by electronic or other medium if such direct deposit has been authorized in writing by the payee and if the payee has designated in writing the financial institution of her or his choice in which such deposit is to be made. However, at the time the order for payment of such direct deposit is received by the drawee, the payor of such wages or salary must have sufficient funds or credit or an arrangement or understanding with the drawee for payment thereof.

(2) No employer or payor of wages or salary shall terminate the employment of any employee or payee solely for refusing to authorize such direct deposit of wages or salary.

(3) An employee or payee of wages or salary may bring a civil action against any person violating subsection (2). Upon rendition of a judgment or decree by any of the courts of this state against the person violating subsection (2) and in favor of the employee or payee of wages or salary, the trial court, or, in event of an appeal in which the employee or payee prevails, the appellate court, shall adjudge or decree against the person violating subsection (2) and in favor of the employee or payee a reasonable sum as fees for the employee’s or payee’s attorney prosecuting the suit in which the recovery is had. The court may, in its discretion, provide such equitable relief as it deems necessary or proper, including enjoining the defendant from further violation of subsection (2). If it appears to the court that the suit brought by the plaintiff was ill-founded or brought for purposes of harassment, the plaintiff shall be liable for reasonable attorney’s fees incurred by the defendant. When so awarded, attorney’s fees shall be included in the judgment or decree rendered in the case.

History.—s. 1, ch. 77-296; s. 733, ch. 97-103.

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Amendments to 532.04

Arrestable Offenses / Crimes under Fla. Stat. 532.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 532.04.

Annotations, Discussions, Cases:

Cases Citing Statute 532.04

Total Results: 20

Miami-Dade County v. Dade County Police Benevolent Assoc.

Court: District Court of Appeal of Florida | Date Filed: 2014-11-24

Citation: 154 So. 3d 373, 2014 WL 6612901, 2014 Fla. App. LEXIS 19300

Snippet: must be under the following conditions”); § 112.532(4)(a), Fla. Stat. (2012) (titled “Notice of disciplinary

Fraternal Order of Police, Gator, etc. v. City of Gainesville, Florida

Court: District Court of Appeal of Florida | Date Filed: 2014-09-22

Citation: 148 So. 3d 798, 2014 WL 4695131

Snippet: “Bill of Rights Conference” pursuant to section 112.532(4)(b) at which he was given an opportunity to address

Fraternal Order of Police v. Rutherford

Court: District Court of Appeal of Florida | Date Filed: 2010-11-17

Citation: 51 So. 3d 485, 32 I.E.R. Cas. (BNA) 106, 2010 Fla. App. LEXIS 17647, 2010 WL 4628902

Snippet: the confidentiality requirements in sections 112.532(4)(b) and 112.533(2)(a), Florida Statutes (2008),

Raynor v. Florida State Lodge

Court: District Court of Appeal of Florida | Date Filed: 2008-07-15

Citation: 987 So. 2d 152, 2008 WL 2725835

Snippet: because the CBA incorporates by reference section 112.532(4)(a), Florida Statutes, requiring written notice

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Court: Florida Attorney General Reports | Date Filed: 2006-06-29

Snippet: 1 Section 112.532(1), Fla. Stat. 2 Section 112.532(4)(a), Fla. Stat. 3 Section 3, Ch. 2005-100, Laws

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Court: Florida Attorney General Reports | Date Filed: 2003-12-15

Snippet: their employing agencies. Pursuant to section112.532(4)(b), Florida Statutes, as amended by section 1,

City of Lauderhill v. Rhames

Court: District Court of Appeal of Florida | Date Filed: 2003-10-22

Citation: 864 So. 2d 432, 2003 WL 22399699

Snippet: Florida Police Officers' Bill of Rights, section 112.532(4), Florida Statutes (1995). The trial court denied

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Court: Florida Attorney General Reports | Date Filed: 2003-09-25

Snippet: 5 Section 112.532(3), Fla. Stat. 6 Section 112.532(4), Fla. Stat. 7 Section 112.532(5), Fla. Stat. 8

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Court: Florida Attorney General Reports | Date Filed: 2001-08-21

Snippet: 8 Section 112.532(3), Fla. Stat. 9 Section 112.532(4), Fla. Stat. 10 Section 112.532(5), Fla. Stat. 11

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Court: Florida Attorney General Reports | Date Filed: 2001-05-11

Snippet: however, recognized the broader scope of section 112.532(4), Florida Statutes, which required notice for dismissal

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Court: Florida Attorney General Reports | Date Filed: 1997-09-19

Snippet: 8 Section 112.532(3), Fla. Stat. 9 Section 112.532(4), Fla. Stat. 10 Section 112.532(5), Fla. Stat. 11

Bailey v. Board of County Com'rs

Court: District Court of Appeal of Florida | Date Filed: 1994-12-20

Citation: 659 So. 2d 295, 1994 WL 704797

Snippet: sued the City for violations of subsections 112.532(4) and (5), which deal with notice of disciplinary

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Court: Florida Attorney General Reports | Date Filed: 1993-05-26

Snippet: 1986), and Vega v. City of Pompano Beach, 498 So.2d 532 (4 D.C.A. Fla., 1986). And see, School Board of Orange

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Court: Florida Attorney General Reports | Date Filed: 1989-09-15

Snippet: 1986), and Vega v. City of Pompano Beach, 498 So.2d 532 (4 D.C.A.Fla., 1986). And see, School Board of Orange

Kelly v. Gill

Court: District Court of Appeal of Florida | Date Filed: 1989-06-15

Citation: 544 So. 2d 1162, 1989 WL 63381

Snippet: limited statutory procedural right (i.e., § 112.532(4), Fla. Stat. (1985)). A statute cannot create a

City of Miami v. Cosgrove

Court: District Court of Appeal of Florida | Date Filed: 1987-12-22

Citation: 516 So. 2d 1125, 1987 WL 3010

Snippet: provision applicable to alleged breaches of Section 112.532(4) and (5). Clearly, Section 112.534 provides only

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Court: Florida Attorney General Reports | Date Filed: 1987-04-20

Snippet: performance of the officer's official duties; s. 112.532(4), F.S., stating that no personnel action which may

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Court: Florida Attorney General Reports | Date Filed: 1986-10-21

Snippet: officers to have notice of disciplinary action, s. 112.532(4); and the prohibition against retaliatory action

Migliore v. City of Lauderhill

Court: District Court of Appeal of Florida | Date Filed: 1982-06-02

Citation: 415 So. 2d 62

Snippet: have avoided at all costs. Finally, Subsection 112.532(4), Florida Statutes, mandates that the law enforcement

Smith v. Town of Golden Beach

Court: District Court of Appeal of Florida | Date Filed: 1981-09-08

Citation: 403 So. 2d 1346, 1981 Fla. App. LEXIS 21034

Snippet: right to pre-termination notice under Section 112.532(4). The trial court, without specifying its reason