SB 92 — Employee Protections

Florida Senate - 2026 CS for CS for SB 92 By the CommitteesCommittee on Rules;Governmental Oversight and Accountability;

and GovernmentalSenator OversightGaetz and585-01751-26 Accountability;202692c1 A bill to be entitled An act relating to employee protections;

and Senator Gaetz 595-02951-26 202692c2 A bill to be entitled An act relating to employee protections;

providing that public officers, public employees, and local government attorneys commit a breach of the public trust when they initiate adverse personnel actions against employeesspecified of an agency employees or independent contractorcontractors under certain circumstances;

authorizing certain employees or applicants for employment to file complaints in accordance with specified provisions;

providing that it is an affirmative defense to certain actions that the adverse personnel action was Page 1 of 14 CODING:

Florida Senate - 2026 CS for CS for SB 92 595-02951-26585-01751-26 202692c2202692c1 adverse personnel action was predicated on grounds other than the exercising of certain protected rights;

requiring the commission to deliver complaints and any amendment thereto to certain persons upon receiving a notarized written request;

requiring that such delivery happenbe within a reasonable timeframe;

requiring that the commission to redact certain information under specified conditions;

Florida Senate - 2026 CS for CS for SB 92 595-02951-26585-01751-26 202692c2202692c1 contractor;

Florida Senate - 2026 CS for CS for SB 92 595-02951-26585-01751-26 202692c2202692c1 Florida Statutes, to read:

(b) A public officer, public employee, or local government attorney commits a breach of the public trust when he or she initiates an adverse personnel action against an employee of an agency employee or independent contractor who has engaged in a protected activity by an exercise of the public officer’s, public employee’s, or local government attorney’s ultimate decisionmaking authority or a grant of his or her approval, or uses his or her position to cause another to initiate such an adverse personnel action, if the protected activity is the primary reason motivating the adverse personnel action.

Florida Senate - 2026 CS for CS for SB 92 595-02951-26585-01751-26 202692c2202692c1 communication or execution of an adverse personnel action initiated by another’s ultimate decisionmaking authority or grant of approval does not constitute an exercise of one’s ultimate decisionmaking authority or a grant of one’s approval.

Florida Senate - 2026 CS for CS for SB 92 595-02951-26585-01751-26 202692c2202692c1 (b) “Agency” means any state, regional, county, local, or municipal governmental entity, whether executive, judicial, or legislative;

Florida Senate - 2026 CS for CS for SB 92 595-02951-26585-01751-26 202692c2202692c1 (a) Any standard of conduct imposed by this part;

(7) REMEDIES.—Any employee of or applicant for employment with an agency who is subjected to adverse personnel action because he or she engaged in an activity protected by this section may file a complaint, which must be made in accordance with s.

(a) Reinstatement of the employee to the same position held before the adverse personnel action was commenced, or to an equivalent position, or reasonable front pay as an alternative Page 7 of 14 CODING:

Florida Senate - 2026 CS for CS for SB 92 595-02951-26585-01751-26 202692c2202692c1 equivalent position, or reasonable front pay as an alternative relief.

(10) EXISTING RIGHTS.—This section does not diminish the Page 8 of 14 CODING:

Florida Senate - 2026 CS for CS for SB 92 595-02951-26585-01751-26 202692c2202692c1 (10) EXISTING RIGHTS.—This section does not diminish the rights, privileges, or remedies of an employee under any other law or rule or under any collective bargaining agreement or employment contract;

(h) Notwithstanding the exemptions in paragraphs (a)-(d), the commission shall deliver a copy of an ethics complaint, and its timely amendments, to the person who filed the ethics complaint and identified himself or herself in the text of the complaint or its timely amendments as a current or former employee of the agency associated with the respondent named in the complaint or of an independent contractor of that agency, Page 9 of 14 CODING:

Florida Senate - 2026 CS for CS for SB 92 595-02951-26585-01751-26 202692c2202692c1 the complaint or of an independent contractor of that agency, upon receiving a notarized, written request from such person.

112.3242 results in alleged retaliation by an employer, the employee or former employee of an agency or independent contractor that is so affected may file a complaint alleging a prohibited personnel action, which must be made by filing a written complaint with the commission no later than 60 days after the prohibited personnel action.

(a) Receive any allegation of a personnel action prohibited byPage s.10 of 14 CODING:

112.3242, including a proposed or potential action, and Page 10 of 14 CODING:

Florida Senate - 2026 CS for CS for SB 92 595-02951-26585-01751-26 202692c2202692c1 conductby informal fact-finding regarding any allegation of a legally sufficient complaint under this section to the extent necessary to determine whether there are reasonable grounds to believe that a prohibited personnel action under s.

112.3242, including a proposed or potential action, and conduct informal fact-finding regarding any allegation of a legally sufficient complaint under this section to the extent necessary to determine whether there are reasonable grounds to believe that a prohibited personnel action under s.

If the commission determines that, in connection with any investigation, reasonable grounds exist to believe that a prohibited action has occurred, is occurring, or is to be taken Page 11 of 14 CODING:

Florida Senate - 2026 CS for CS for SB 92 595-02951-26585-01751-26 202692c2202692c1 prohibited action has occurred, is occurring, or is to be taken which requires corrective action, the commission must report the determination together with a fact-finding report to the agency head or independent contractor and the complainant.

(d) If the commission determines that there are no reasonable grounds to believe that a prohibited personnel action has occurred, is occurring, or is to be taken, the commission must terminate its investigation and report its determination, together with a fact-finding report and a notice of termination Page 12 of 14 CODING:

Florida Senate - 2026 CS for CS for SB 92 595-02951-26585-01751-26 202692c2202692c1 together with a fact-finding report and a notice of termination of investigation, to the agency head or independent contractor and the complainant.

112.3136 Standards of conduct for officers and employees of entities serving as chief administrative officer of political subdivisions.—The officers, directors, and chief executive officer of a corporation, partnership, or other business entity Page 13 of 14 CODING:

Florida Senate - 2026 CS for CS for SB 92 595-02951-26585-01751-26 202692c2202692c1 officer of a corporation, partnership, or other business entity that is serving as the chief administrative or executive officer or employee of a political subdivision, and any business entity employee who is acting as the chief administrative or executive officer or employee of the political subdivision, for the purposes of the following sections, are public officers and employees who are subject to the following standards of conduct of this part: