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THE BILL ITSELF

SB 1698

Notice Requirements for Certain Employers to their Employees

VERSION S 1698 Filed · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

Florida Senate - 2026 SB 1698 By Senator McClain 9-01114-26 20261698__
1 A bill to be entitled
2 An act relating to notice requirements for certain
3 employers to their employees; amending ss. 112.044,
4 440.055, 443.151, 448.109, 450.045, and 760.10, F.S.;
5 providing that certain employers, employment agencies,
6 and labor organizations comply with providing their
7 employees or members certain information by posting
8 notice of such information on the Internet in a manner
9 that is accessible to such employees or members;
10 reenacting ss. 440.185(1) and 440.19(4), F.S.,
11 relating to notice of injury or death and time bars to
12 filing petitions for benefits, respectively, to
13 incorporate the amendment made to s. 440.055, F.S., in
14 references thereto; providing an effective date.
16 Be It Enacted by the Legislature of the State of Florida:
18 Section 1. Subsection (5) of section 112.044, Florida
19 Statutes, is amended to read:
20 112.044 Public employers, employment agencies, labor
21 organizations; discrimination based on age prohibited;
22 exceptions; remedy.—
23 (5) NOTICE TO BE POSTED.—Each employer, employment agency,
24 and labor organization shall post and keep posted in conspicuous
25 places upon its premises , or on the Internet in a manner that is
26 accessible to its employees or members, notices required by the
27 United States Department of Labor and the Equal Employment
28 Opportunity Commission.
29 Section 2. Section 440.055, Florida Statutes, is amended to
30 read:
31 440.055 Notice requirements.—An employer who employs fewer
32 than four employees, who is permitted by law to elect not to
33 secure payment of compensation under this chapter, and who
34 elects not to do so must shall post clear written notice in a
35 conspicuous location at each worksite directed to all employees
36 and other persons performing services at the worksite , or on the
37 Internet in a manner that is accessible to his or her employees,
38 of their lack of entitlement to benefits under this chapter.
39 Section 3. Paragraph (a) of subsection (1) of section
40 443.151, Florida Statutes, is amended to read:
41 443.151 Procedure concerning claims.—
42 (1) POSTING OF INFORMATION.—
43 (a) Each employer shall must post and maintain in places
44 readily accessible to individuals in her or his employ printed
45 statements concerning benefit rights, claims for benefits, and
46 other matters relating to the administration of this chapter as
47 the Department of Commerce may by rule prescribe. Each employer
48 shall:
49 1. must Supply to individuals copies of printed statements
50 or other materials relating to claims for benefits as directed
51 by the rules of the department. The department shall supply
52 these printed statements and other materials to each employer
53 without cost to the employer ; or
54 2. Post copies of such statements on the Internet in a
55 manner that is accessible to her or his employees .
56 Section 4. Subsection (2) of section 448.109, Florida
57 Statutes, is amended to read:
58 448.109 Notification of the state minimum wage.—
59 (2) Each employer who must pay an employee the Florida
60 minimum wage must:
61 (a) shall Prominently display a poster substantially
62 similar to the one made available pursuant to subsection (3) in
63 a conspicuous and accessible place in each establishment where
64 such employees are employed ; or
65 (b) Post a copy of such poster on the Internet in a manner
66 that is accessible to his or her employees .
67 Section 5. Subsection (2) of section 450.045, Florida
68 Statutes, is amended to read:
69 450.045 Proof of identity and age; posting of notices.—
70 (2) Any person who hires, employs, or suffers to work any
71 minor must:
72 (a) shall Post at a conspicuous place on the property or
73 place of employment, where it may be easily read, a poster
74 notifying minors of the Child Labor Law, to be provided by the
75 division upon request ; or
76 (b) Post a copy of such poster on the Internet in a manner
77 that is accessible to his or her employees .
78 Section 6. Subsection (11) of section 760.10, Florida
79 Statutes, is amended to read:
80 760.10 Unlawful employment practices.—
81 (11) Each employer, employment agency, and labor
82 organization shall post and keep posted in conspicuous places
83 upon its premises , or on the Internet in a manner that is
84 accessible to its employees or members, a notice provided by the
85 commission setting forth such information as the commission
86 deems appropriate to effectuate the purposes of ss. 760.01
87 760.10.
88 Section 7. For the purpose of incorporating the amendment
89 made by this act to section 440.055, Florida Statutes, in a
90 reference thereto, subsection (1) of section 440.185, Florida
91 Statutes, is reenacted to read:
92 440.185 Notice of injury or death; reports; penalties for
93 violations.—
94 (1) An employee who suffers an injury arising out of and in
95 the course of employment shall advise his or her employer of the
96 injury within 30 days after the date of or initial manifestation
97 of the injury. Failure to so advise the employer shall bar a
98 petition under this chapter unless:
99 (a) The employer or the employer’s agent had actual
100 knowledge of the injury;
101 (b) The cause of the injury could not be identified without
102 a medical opinion and the employee advised the employer within
103 30 days after obtaining a medical opinion indicating that the
104 injury arose out of and in the course of employment;
105 (c) The employer did not put its employees on notice of the
106 requirements of this section by posting notice pursuant to s.
107 440.055; or
108 (d) Exceptional circumstances, outside the scope of
109 paragraph (a) or paragraph (b) justify such failure.
111 In the event of death arising out of and in the course of
112 employment, the requirements of this subsection shall be
113 satisfied by the employee’s agent or estate. Documents prepared
114 by counsel in connection with litigation, including but not
115 limited to notices of appearance, petitions, motions, or
116 complaints, shall not constitute notice for purposes of this
117 section.
118 Section 8. For the purpose of incorporating the amendment
119 made by this act to section 440.055, Florida Statutes, in a
120 reference thereto, subsection (4) of section 440.19, Florida
121 Statutes, is reenacted to read:
122 440.19 Time bars to filing petitions for benefits.—
123 (4) Notwithstanding the provisions of this section, the
124 failure to file a petition for benefits within the periods
125 prescribed is not a bar to the employee’s claim unless the
126 carrier advances the defense of a statute of limitations in its
127 initial response to the petition for benefits. If a claimant
128 contends that an employer or its carrier is estopped from
129 raising a statute of limitations defense and the carrier
130 demonstrates that it has provided notice to the employee in
131 accordance with s. 440.185 and that the employer has posted
132 notice in accordance with s. 440.055, the employee must
133 demonstrate estoppel by clear and convincing evidence.
134 Section 9. This act shall take effect July 1, 2026.