¹487.207  Penalties against agricultural employer violators; worker relief; monitoring complaints of retaliation.--

(1)  Penalties set forth in part I shall be applied to any agricultural employer who violates any provision in this part. Agricultural employers who violate the provisions of this part also shall be subject to the federal penalties in the United States Environmental Protection Agency Worker Protection Standard, 40 C.F.R. s. 170.9(b).

(2)(a)  Any worker who has been retaliated against by any agricultural employer for exercising any right under the United States Environmental Protection Agency Worker Protection Standard, 40 C.F.R. s. 170.7(b) (August 21, 1992) or this part, may seek relief under ss. 448.102-448.104.

(b)  Any worker who has been retaliated against by any agricultural employer for exercising any right under the United States Environmental Protection Agency Worker Protection Standard, 40 C.F.R. s. 170.7(b) (August 21, 1992) or this part and seeks relief pursuant to this section, or the worker's designated representative, shall file a complaint with the department of such retaliation.

(c)  In any action brought pursuant to this section where the retaliatory personnel action is predicated upon the disclosure of an illegal activity, policy, or practice to an appropriate governmental agency, the worker shall not be required to show that the disclosure to the government agency was under oath or in writing or that the notification to the employer concerning the illegal activity, policy, or practice was in writing as provided in s. 448.102(1).

(3)  The department shall monitor all complaints of retaliation, hereinafter referred to as "complaints," that it receives and report its findings to the President of the Senate and the Speaker of the House of Representatives on October 1, 1996. The report shall include the number of complaints received, the circumstances surrounding the complaints, and the action taken concerning the complaints.

History.--ss. 27, 28, ch. 94-233.