Florida/Georgia Personal Injury & Workers Compensation

...The defendants' conduct, the complaint asserts, infringed Macuba's rights under the First and Fourteenth Amendments and rendered the defendants amenable to suit under 42 U.S.C. 1983 (1994). 3 Macuba's complaint also alleged that the defendants were amenable to suit under the Florida Whistle-blower's Act, Fla. Stat. Ann. 112.3187 (West 1992)....

...adverse personnel action against an employee for disclosing information pursuant to the provision of this section" and also prohibits "tak[ing] any adverse action that affects the rights or interests of a person in retaliation for the person's disclosure of information under this section." Fla. Stat. Ann. 112.3187(4)(a), (b)....

...The statute provides that an aggrieved person "may, after exhausting all available contractual or administrative remedies, bring a civil action in any court of competent jurisdiction within 180 days after the action prohibited by this section." Id. 112.3187(8)(c)....

...I. BACKGROUND Appellant Juan Manuel Pintado filed his original complaint in the Southern District of Florida alleging the Miami-Dade Housing Authority (“MDHA”) had violated (1) Florida’s Whistle-blower Act, Fla. Stat. Ann. § 112.3187; (2) Florida’s Civil Rights Act, Fla....

...nst retrospective application.) Our decision in Martin County cannot support a contrary conclusion because we were not addressing the retroactive application of the statute at issue there. Rather, we were addressing whether under the 1987 version of section 112.3187 an employee's participation in the wrongdoing he disclosed could serve as an absolute shield from liability under the statute....

...are Florida residents and the actual termination occurred in Florida. Although the complaint does not allege where the alleged wrongful termination occurred, Walsh conceded before the district court that he was discharged in Florida. [6] Codified at section 112.3187, Florida Statutes (1993)....

...f Florida, or local ordinances of the Board of County Commissioners. Such laws shall take precedence over any part or portion or provision as contained herein in all instances. (Emphasis supplied). 36 Florida's "Whistleblower Act of 1986," Fla.Stat. 112.3187 (1991) is a law that takes precedence over the employment contract....

...49 Accordingly, although I would affirm the district court's order granting the voluntary dismissal, I would reverse the assessment of Rule 11 sanctions against Mr. McGregor, the represented party. * See Rule 34-2(b), Rules of the U.S. Court of Appeals for the Eleventh Circuit 1 Fla.Stat.Ann. § 112.3187(4) (West 1991) states in pertinent part: (4) Actions Prohibited.-- (a) An agency or independent contractor shall not dismiss, discipline, or take any other adverse personnel action against an employee for disclosing information pursuant to the provisions of this section....

...If the trial court refuses to rule "as a matter of law" on a claim of immunity when the facts and the law warrant such a ruling, we review the order by certiorari. [3] It should be emphasized that Mr. Snyder admits that he has no state or federal statutory claim under Florida's Whistle-Blower Act, section 112.3187-.31895, Florida Statutes (2000)....

...evidence that other employees had been denied contract renewals for similar reasons. Finally, the court did not abuse its discretion by failing to allow Vila to amend her complaint to add a claim under the Florida Whistle-blower’s Act, Fla. Stat. § 112.3187....

...n their own initiative in a sworn complaint; who are requested to participate in an investigation, hearing, or other inquiry conducted by any agency or federal government entity; or who refuse to participate in any action prohibited by this section. § 112.3187(7), Fla....

...d by an agency or *29 independent contractor that creates and presents a substantial and specific danger to the public's health, safety, or welfare. (b) Any act or suspected act of malfeasance, misfeasance, or neglect of duty committed by an agency. § 112.3187(5), Fla. Stat. (1989). A governmental agency can raise as a defense the claim that the adverse action was predicated upon grounds other than the employee's or person's exercise of rights protected by this section. § 112.3187(10), Fla....

...However, the meting of lesser penalties to "silent" [5] co-perpetrators who are of equal or greater culpability often may be sufficient grounds to require that the motion for summary judgment be denied unless the employer can conclusively establish some neutral, nonpretextual reason for the adverse action. [6] § 112.3187(10), Fla. Stat. (1989). We caution, however, that the failure to prevail on the motion for summary judgment does not preclude a defendant from presenting evidence to the fact-finder at trial, as authorized by section 112.3187(10), Florida Statutes (1989). Nor does the lesser punishment meted to a co-perpetrator establish liability in every case. In this sense, the defense created by section 112.3187(10), Florida Statutes (1989), has two levels of operation....

...[5] By "silent," of course, we mean co-perpetrators who did not participate in the whistle-blowing. [6] A layoff necessitated by budget cuts, for example, would be a neutral reason provided there was no causal link between the whistle-blowing and the decision to lay off that particular employee. [7] We recognize that section 112.3187(10) also was amended in 1991....

...Irven, 724 So.2d 698 (Fla. 2d DCA 1999), which expressly and directly conflicts with Martin County v. Edenfield, 609 So.2d 27 (Fla. 1992). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. Petitioner filed an action under the Whistle Blower's Act, sections 112.3187-112.31895, Florida Statutes (1993)....

...In holding that petitioner's complaints did not constitute behavior protected under the Act, the Second District Court of Appeal explained that it is clear to us that the "Whistle-Blower's Act," ... clearly and unequivocally waives sovereign immunity for the purposes of the "Remedies" and "Relief" afforded by subsections 112.3187(8) and (9)....

...... suspected violation of any ... law, rule, or regulation committed by an employee or agent of an agency," or with respect to "[a]ny ... suspected act of ... misfeasance... or gross neglect of duty committed by an employee or agent of an agency." § 112.3187(5), Fla....

...prevent agencies ... from taking retaliatory action against any person who discloses information to an appropriate agency alleging improper use of governmental office ... or any other abuse ... on the part of an agency, public officer, or employee." § 112.3187(2), Fla....

...[4] Thus, petitioner's conduct falls within the broadly worded protections of the Act concerning suspected violations of a law, rule, or regulation committed by an agent of HRS, or with respect to a suspected act of misfeasance by an HRS agent. See § 112.3187(5), Fla....

...Based on the foregoing, we quash the decision below, remand the case for reinstatement of the verdict, and reaffirm Edenfield. It is so ordered. HARDING, PARIENTE, and LEWIS, JJ., concur. WELLS, C.J., and ANSTEAD and QUINCE, JJ., dissent. NOTES [1] The Act provides in part: 112.3187 Adverse action against employee for disclosing information of specified nature prohibited; employee remedy and relief.— ....

...o the public's health, safety, or welfare. (b) Any act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, or gross neglect of duty committed by an employee or agent of an agency or independent contractor. § 112.3187, Fla.Stat....

...We deny appellee's motion for rehearing and grant the motion for clarification. We withdraw our previously issued opinion and substitute the following in its place. This appeal arises from an action by Deborah Rice-Lamar (Lamar) against the City of Fort Lauderdale (City) pursuant to the Florida Whistleblower Act, section 112.3187, Florida Statutes (Supp.1996)....

...amended in 42 U.S.C. § 2000e, et. seq., 42 U.S.C. §§ 1981, 1983 and 1985, the First and Fourteenth Amendments to the United States Constitution, and various state claims, including a whistleblower claim pursuant to the Florida Whistleblower Act, section 112.3187, Florida Statutes (Supp....

...the state action. The issue of whether Lamar's discharge was in retaliation for her alleged disclosure of the City's allegedly discriminatory practices was not previously litigated and resolved in the federal action. Florida's Whistleblower statute, section 112.3187(2), Florida Statutes, prevents agencies from taking retaliatory action against an employee who reports to an *1132 appropriate agency violations of law on the part of a public employer that create a substantial and specific danger to the public's health, safety, or welfare....

...Corp., 216 F.3d 945, 950 (11th Cir.2000)(applying Title VII retaliation analysis to claim arising under private-sector Florida Whistleblower Act on a case of first impression). The City argues that it is a question of law for the court to decide whether Lamar has met the disclosure requirements under section 112.3187....

...of County Comm'rs, 671 So.2d 893 (Fla. 5th DCA), rev. denied, 678 So.2d 337 (Fla.1996)(affirming summary judgment in favor of employer on grounds that employee's internal communications did not rise to the level necessary to constitute a disclosure under section 112.3187(5) and that the Lake County personnel to whom employee expressed his concerns were not within the scope of persons to whom disclosure is protected under section 112.3187(6)). But this case presents mixed questions of law and fact. Section 112.3187(5) provides that the information disclosed must include any violation or suspected violation of any federal, state or local law which creates and presents a substantial and specific danger to the public's health, safety or welfare or any act or suspected act of gross mismanagement, malfeasance, gross waste of public funds, or gross neglect of duty. Section 112.3187(6) directs that for disclosures concerning a local governmental entity, the information must be disclosed to a chief executive officer as defined in section 447.203(9) or other appropriate local official and section 112.3197(7) prote...

...who file any written complaint to their supervisory officials. Both parties in this case dispute whether Lamar made the required disclosure, whether the disclosure was a protected disclosure, and whether she complied with the notice requirements of section 112.3187(6)....

...se personnel action" against an employee who disclosed violations or suspected violations of laws or regulations or acts or suspected acts of "gross mismanagement, malfeasance, misfeasance, gross waste of public funds, or gross neglect of duty." See § 112.3187(4)-(5), Fla. Stat. (2005). The protections of the statute are afforded those employees "who disclose information on their own initiative in a written and signed complaint." See § 112.3187(7), Fla....

...ng to allow the City to present evidence concerning its reasons for terminating Witt; (3) whether the trial court erred in failing to direct a verdict in favor of the City on the whistle-blower claim as a consequence of Witt's failure to comply with section 112.3187(7)'s "notice" requirement; and (4) whether the trial court erred in applying a multiplier in awarding fees to Witt....

...At the outset, Witt's counsel contended this court's prior opinion and the law of the case doctrine precluded the retrial of any issue except whether the City had cause for terminating Witt apart from his alleged whistle-blower activities; the trial court agreed. The jury was thus instructed that section 112.3187(7)'s "notice" requirement had already been resolved favorably to Witt....

...Curtis, Miami, for appellee. Before HUBBART, COPE and GODERICH, JJ. *1048 COPE, Judge. David G. Hutchison appeals an order dismissing his second amended complaint with prejudice. We reverse. Plaintiff Hutchison filed a lawsuit under the Whistle-blower's Act of 1986, section 112.3187, Florida Statutes (1991)....

...aking retaliatory action against an employee who reports to an appropriate agency violations of law on the part of a public employer or independent contractor that create a substantial and specific danger to the public's health, safety, or welfare." § 112.3187(2), Fla. Stat. (1991) (emphasis added). The statute provides remedies where an agency or independent contractor dismisses or disciplines a whistle-blower who has made a disclosure protected by the statute. See § 112.3187(4)-(8), Fla....

...As a threshold matter, the trial court concluded that Prudential was not an "independent contractor" covered by the statute. An "independent contractor" is "a person, other than an agency, engaged in any business and who enters into a contract with an agency." § 112.3187(3)(d), Fla....

...e. In order to be protected under the Act, "[t]he information disclosed under this section shall be disclosed to any agency or federal government entity having the authority to investigate, police, manage, or otherwise remedy the violation or act. " § 112.3187(6), Fla....

...Under the Act, protected information includes information about "[a]ny violation or suspected violation of any federal, state, or local law, rule, or regulation committed by an agency or independent contractor that creates and presents a substantial and specific danger to the public's health, safety, or welfare. " § 112.3187(5)(a), Fla....

...mitted went to the Monroe County Sheriff's Department in the form of a letter. The statute provides that it protects, among other things, "employees and persons who disclose information on their own initiative in a written and signed complaint... ." § 112.3187(7), Fla....

...Accordingly, we reverse the order under review and remand the cause for further proceedings consistent herewith. NOTES [1] For present purposes, the allegations of the second amended complaint must be taken as true. [2] The parties are in agreement that the Whistle-blower's Act of 1986, § 112.3187, Fla....

...[3] Under the Act: (a) "Agency" means any state, regional, county, local, or municipal government entity, whether executive, judicial, or legislative; any official, officer, department, division, bureau, commission, authority, or political subdivision therein; or any public school, community college, or state university. § 112.3187(3)(a), Fla....

...of fact. Id. Equally important to our analysis is Martin County v. Edenfield, 609 So.2d 27 (Fla. 1992), in which the supreme court applied summary judgment principles within the context *1110 of a statutory defense to a cause of action brought under section 112.3187, Florida Statutes (1989), Florida's "Whistle-blower's Act of 1986." The court explained that "[u]nder Florida law, a `defense' is any allegation raised by the defendant that, if true, would defeat or avoid the plaintiff's cause of action." Id....

of an agency, public officer, or employee.’ ” § 112.3187(2), Fla. Stat. (1998). The statute could not

...Florida's private whistleblower statute, Fla. Stat. §§ 448.102 et seq. (against UM); count VII, violation of Fourteenth Amendment due process rights (against the City); count VIII, violation of Florida's public whistleblower statute, Fla. Stat. §§ 112.3187 (against UM and the City); and count IX, violation of 42 U.S.C....

...ll of these claims. A. The State Whistleblower Claims 1. Count VIII Is Administratively and Time-Barred The defendants are entitled to summary judgment on count VIII, which is *1366 for violation of Florida's public whistleblower statute, Fla. Stat. § 112.3187, because that claim is time-barred. Additionally, the plaintiffs have not shown that they have exhausted their administrative state remedies. Section 112.3187 prevents state agencies from taking retaliatory action against individuals who disclose information to an appropriate agency "alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the party of an agency, public officer, or employee". Fla. Stat. § 112.3187(2). In order to successfully bring a whistleblower claim in court under this provision, a plaintiff first must exhaust "all available contractual or administrative remedies". Fla. Stat. § 112.3187(8). The plaintiffs' complaint does not allege that they have satisfied this requirement, nor have they introduced any evidence to show their compliance. Accordingly, they cannot seek relief under Fla. Stat. § 112.3187....

...4th DCA 1999) (stating that public employees cannot bring civil action until they exhaust administrative remedies, or if local governmental authority has not adopted an administrative procedure). Even if the plaintiffs had exhausted their administrative remedies, count VIII still must be dismissed as untimely. Section 112.3187(8) of the Florida Statutes requires that a civil action be brought "within 180 days after the action prohibited by this section"....

...termination. Similarly, the latest adverse action alleged by Fernandez was his termination on February 1, 1999, but he did not raise his whistleblower claim until August 5, 1999, 185 days after the occurrence of "the action prohibited by" Fla. Stat. § 112.3187. The plaintiffs argue that the period for bringing their suit under Fla. Stat. § 112.3187 did not begin to run until the date that the plaintiffs learned that they had been discharged for illegitimate reasons, not from the date of their termination....

...This court declines to follow Harris to the extent that it holds that the 180-day limitations period does not begin until the plaintiff discovers the retaliatory nature of the alleged adverse employment action. Harris' interpretation of Fla. Stat. § 112.3187(8)(c) is contrary to the language of the act itself, which unambiguously requires that suit be filed "within 180 days after the action prohibited by this section"....

...§ 448.103(1)(a) (emphasis added). The use of both terms in the private whistleblower act shows that the Legislature intended "after discovering" to mean something different than "after the action". Because the latter phrase is the only one that appears in Fla. Stat. § 112.3187(8)(c), the court construes the 180-day period as beginning to run upon the occurrence of the adverse action....

...ms. For these reasons, the plaintiffs' public sector claim, which was filed beyond the 180-day period, is untimely. 2. Standard for Whistleblower Claims Under Florida Law Florida's private (Fla. Stat. § 448.101 et seq.) and public-sector (Fla.Stat. § 112.3187) whistleblower statutes are similar in that both prohibit a covered employer from taking adverse employment action against an employee for engaging in protected activity....

...a pretext for the prohibited, retaliatory conduct. See Rice-Lamar, at *4; Olmsted, 141 F.3d at 1460. 3. The Plaintiffs Cannot Establish Causation on the Whistleblower Claims Even if the plaintiffs' public sector whistleblower claim under Fla. Stat. § 112.3187 were not administratively and time-barred, the defendants still would be entitled to summary judgment on count VIII because the plaintiffs cannot satisfy the third requirement of their prima facie case....

...an employee because the employee has "[d]isclosed, or threatened to disclose, to any appropriate governmental agency, under oath, in writing, an activity, policy, or practice of the employer that is in violation of a law, rule, or regulation." [27] Section 112.3187(2) of the Florida Statutes, which is referred to in this order as the public sector whistleblower statute, prohibits retaliatory action against an employee "who reports to an appropriate agency violations of law on the part of a public employer or independent contractor"....

...private sector whistle blower act, § 448.102, Fla. Stat. (2003). Dausman argues that the trial court erred in denying his motion for rehearing in which he sought to amend his complaint to allege a violation of the public sector whistle blower act, § 112.3187, Fla....

...the employer." § 448.102(2) (emphasis added). And Florida's public whistleblower's act specifically provides that the nature of the information disclosed must include "[a]ny violation or suspected violation of any federal, state, or local law, rule, or regulation." § 112.3187(5)(a), Fla....

...ions to reinstate the plaintiff's demand for trial by jury. King Mountain Condo. Ass'n, Inc. v. Gundlach, 425 So.2d 569, 571 (Fla. 4th DCA 1982). See Fox v. City of Pompano Beach, 33 Fla. L. Weekly D795, D796 (Fla. 4th DCA Mar. 19, 2008) ("[S]ection 112.3187(9)(c) of the Whistle-blower's Act permits a plaintiff to *8 recover `[c]ompensation, if appropriate, for lost wages, benefits, or other lost remuneration caused by the adverse action.' Unquestionably, this compensatory remedy consists of money damages, which are legal rather than equitable in nature."). I. Dedra B. Azonobi O'Neal appeals the final judgment entered in favor of Florida Agricultural & Mechanical University in the action she brought under the Florida Whistle-blower's Act, sections 112.3187-112.31895, Florida Statutes (2003) (the Act)....

...Bedford, Breedlove & Robeson, 28 U.S. (3 Pet.) 433, 446, 7 L.Ed. 732 (1830)). C. As a former employee making a claim under the Act, Ms. O'Neal asserted a right to "[c]ompensation ... for lost wages, benefits, or other lost remuneration caused by" her allegedly retaliatory discharge. § 112.3187(9)(c), Fla....

...al in public-sector cases. The (public-sector) Act provides that relief granted on a valid claim "must include," among other things, "[c]ompensation, if appropriate, for lost wages, benefits, or other lost remuneration caused by the adverse action." § 112.3187(9)(c), Fla....

...O'Neal's invocation of the Act's provisions authorizing damages recoverable at law gives rise to the right to trial by jury. The Act authorizes: "Compensation, if appropriate, for lost wages, benefits, or other lost remuneration caused by the adverse action." § 112.3187(9)(c), Fla....

...Nothing in the (public-sector) Act, moreover, precludes compensatory relief in addition to "lost wages, benefits, or other lost remuneration." The Act provides that relief "must include" the remedies set out in the statute, but does not limit relief to those remedies. § 112.3187(9), Fla....

Florida’s Whistle-blower’s Act, Fla. Stat. ÁNN. § 112.3187 et seq.; and (3) violations of the City of Doral

...Fitzpatrick, of Broad and Cassel, Tallahassee, for appellees. WOLF, J. State of Florida, Department of Transportation (DOT or the Department) appeals from a final order granting temporary reinstatement of Mavis Georgalis to her position of employment with DOT pursuant to section 112.3187(9)(f), Florida Statutes (2002). The Department argues that the Florida Commission on Human Relations (FCHR) failed to follow the statutory notice requirements of section 112.3187-112.31895, Florida Statutes, the "Whistle-blowers Act." DOT also argues 1) the trial court erred in granting temporary relief where no actual discharge took place, and 2) the trial court erred in not allowing DOT to present evidence concerning whether a discharge took place....

...r under her supervision. She claims that the allegations of the complaint are protected by the Whistle-blower's Act which prevents state agencies from taking adverse action against employees who make protected disclosures to appropriate authorities. Section 112.3187(4), Florida Statutes....

...ee has been discharged. At the hearing, the circuit judge reviewed copies of the termination and resignation letters, both dated April 1, 2002, and found that Ms. Georgalis was actually discharged. The court ordered DOT to temporarily reinstate her. Section 112.3187(9)(f) provides for temporary reinstatement of an employee who alleges a violation of the Whistle-blowers Act: Temporary reinstatement to the employee's former position or to an equivalent position, pending the final outcome on the co...

...of Children and Families, 812 So.2d 599 (Fla. 5th DCA 2002) (quotations and citations omitted). The legislative intent of the Whistle-blower's Act is to prevent retaliatory action against employees who disclose misconduct on the part of public officials. Section 112.3187(2), Florida Statutes....

...Robles & Gonzalez and Juan P. Bauta, II, Miami, for appellee. Before NESBITT, FLETCHER, and SORONDO, JJ. FLETCHER, J. The City of Miami [City] appeals a final judgment, pursuant to a jury verdict, finding the City liable to Jesus Del Rio [the employee] under sections 112.3187 through *300 112.31895, Florida Statutes (1993), the "Whistle-Blowers Act" [the Act]....

...denied, 364 So.2d 888 (Fla.1978); General Elec. Credit Corp. of Ga. v. Metropolitan Dade County, 346 So.2d 1049 (Fla. 3d DCA 1977). This doctrine has been held applicable to whistle-blower litigation. McGregor v. Palm Beach County, 674 F.Supp. 858 (S.D.Fla. 1987). The Act itself provides in section 112.3187(8)(b): "Within 60 days after the action prohibited by this section, any local public employee protected by this section may file a complaint with the appropriate local governmental authority, if that authority has established by ordi...

...Upon hearing the complaint, the panel must make findings of fact and conclusions of law for a final decision by the local governmental authority." The City contends its Civil Service Board [the Board], as set forth in section 36(a), Miami, Fla., Charter, [2] meets the requirements of section 112.3187(8)(b), as the Board (1) was established by ordinance; (2) is authorized by section 40-128, Miami, Fla....

...City of Apopka, 581 So.2d 218 (Fla. 5th DCA 1991) and Saunders v. Hunter, 980 F.Supp. 1236 (M.D.Fla.1997), relied on by the employee and find them to be inapplicable to the instant situation as the administrative boards involved therein did not meet the requirements of section 112.3187(8)(b) for service as whistle-blower boards....

...dismissed, 192 So.2d 499 (Fla. 1966). The final judgment is reversed and the cause is remanded for further proceedings consistent herewith. The orders awarding attorney's fees and costs are also reversed. NOTES [1] The intent of the Act is as set forth in section 112.3187(2), Florida Statutes (1993): "It is the intent of the Legislature to prevent agencies or independent contractors from taking retaliatory action against an employee who reports to an appropriate agency violations of law on the part of...

...Appellant, Ranell Tillery, Jr., seeks review of the final order of the Florida Commission on Human Relations (Commission) dismissing his complaint against Appellee, the Florida Department of Juvenile Justice (DJJ), under the Whistle-blower’s Act, sections 112.3187 through 112.31895, Florida Statutes (2011) (the Act)....

...from taking retaliatory action against any person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee.” § 112.3187(2), Fla....

...osed under this section must include ... any act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds ... or gross neglect of duty committed by an employee or agent of an agency or independent contractor.” § 112.3187(5)(b), Fla....

...To come under the aegis of the Act, the information “must be disclosed to any agency or federal government entity having the authority to investigate, police, manage, or otherwise remedy the violation or act, including, but not limited to ... the Florida Commission on Human Relations ...” § 112.3187(6), Fla....

...The “Remedies” portion of the Act states that, “[a]ny employee ... with any state agency ... who is discharged ... or denied employment, because he or she engaged in an activity protected by this section may file a complaint, which complaint must be made in *1255 accordance with § 112.31895.” § 112.3187(8)(a), Fla. Stat. The Act further establishes that: [I]f a disclosure under § 112.3187 includes or results in alleged retaliation by an employer, the employee or former employee of ......

...When the complainant receives notice that the Commission has terminated its investigation, he may either file a complaint with the Public Employees Relations Commission pursuant to section 112.31895(4)(a), or institute a civil action in an appropriate circuit court within 180 days. § 112.3187(8)(a), Fla....

...he prior disclosures to an appropriate authority. Tillery fails to allege when or to whom he made the prior whistle-blower disclosures. Accordingly, his complaint does not meet the prima facie elements necessary to initiate operation of the Act. See § 112.3187(6), Fla....

...McGregor claims that his dismissal infringed upon his constitutional right to free speech. Counts III and IV raise pendent state claims. Count III is a claim for breach of employment contract. Count IV seeks reinstatement under Florida's "Whistle-blower's Act of 1986," Fla.Stat. § 112.3187....

...The Motion to Dismiss shall be denied as to Count III. Count IV—Whistle-blower's Act of 1986 The fourth and final count of plaintiff's complaint seeks both reinstatement and an award of full fringe benefits and salary under Florida's Whistle-blower's Act of 1986, Fla.Stat. § 112.3187....

...Plaintiff's complaint tracks the statute almost entirely. The one omission, however, is fatal to plaintiff's claim. The complaint fails to allege that plaintiff exhausted "all available contractual or administrative remedies" prior to filing suit as required by § 112.3187(8)....

...ue a concept to justify the judicial creation of such a tort." Hartley, 476 So.2d at 1329. According to Hartley, choosing between competing public policies is a function best left to the legislature. Id. A year after Hartley, the legislature enacted section 112.3187, the Whistle-blower's Act of 1986 which, among other things, prohibits the discharge of public employees or employees of independent contractors doing business with state agencies, in retaliation for reporting employer violations of laws that create a danger to the public's health, safety, or welfare....

...tatus of public entities, retroactive application of the law should not be denied on the technical ground that it is a substantive rather than a procedural law. Id. at 1029. Applying similar reasoning, the Supreme Court of Florida recently held that section 112.3187, which created a civil cause of action for wrongful discharge of public employees, is a remedial statute....

...mployees who `blow the whistle.' As a remedial act, the statute should be construed liberally in favor of granting access to the remedy." [5] *149 For the same reasons relied upon by the supreme court in construing the Florida Public Records Act and section 112.3187 as remedial statutes, we hold that section 448.102 applies to this case which was pending on appeal when the law became effective....

...lly different case. It deals with a different and wholly unrelated statute, and thus has no bearing on this case. Similarly, the majority's reliance on Martin County v. Edenfield, 609 So.2d 27 (Fla. 1992), is also misplaced. Martin County dealt with section 112.3187, Florida Statutes, a government employee's whistle-blower's act....

...Whitelock of Whitelock & Associates, P.A., Fort Lauderdale, for appellee. GROSS, J. Huntley Walker appeals an adverse final summary judgment on his complaint that his dismissal by his employer, the Florida Department of Veterans Affairs, violated the Whistle-blower's Act, sections 112.3187-112.31895, Florida Statutes (2004)....

...d 3) the disclosure was not made in bad faith or for a wrongful purpose, and did not occur after an agency's personnel action against the employee." Dep't of Transp. v. Florida Comm'n on Human Relations, 842 So.2d 253, 255 (Fla. 1st DCA 2003). Under section 112.3187(7), as it applies to this case, a protected disclosure requires an employee's "written and signed complaint," or a "written complaint to [the employee's] supervisory official[ ]." The purpose of the statutory requirement of a signed...

...e repair shop and signed by Walker as a customer. One invoice shows a zero balance for a $3,800 repair and the other shows a balance of $750 for different repairs. The invoices do not qualify as a "written and signed complaint" within the meaning of section 112.3187(7)....

...ctions, this Court adopts the Magistrate Judge's Report and Recommendation (hereinafter "R & R"). I. STATEMENT OF THE CASE The plaintiff brings a seven (7) count complaint alleging the following: Count I violations of Whistle-blower's Act (Fla.Stat. § 112.3187 et seq.); Count II, violations of the Fair Labor Standards Act (29 U.S.C....

...Count 1; Whistle-blower's Act The plaintiff claims she was retaliated against for complaining, through the proper chain of command and to the PRB unit, about sexual harassment and the falsification of the time card in violation of the Whistle-blower's Act, Fla. Stat. § 112.3187(2)....

...City of Apopka, 581 So.2d 218, 220 (5th DCA 1991). Therefore, the plaintiff withstands defendant's second contention. *1246 The defendant's third argument is also without merit. The defendant argues the plaintiff did not complain to Sheriff Hunter personally. Under Fla.Stat. § 112.3187(6), an employee must report any incidents under this section to a "chief executive officer as defined in § 447.203(9) or other appropriate local official." The plaintiff alleges she reported the incidents not to a chief executive officer but to her supervisors who are appropriate local officials....

...We affirm the final judgment on the Whistle-blower's Act claim, affirm the directed verdict, but reverse the final judgment on the Florida Civil Rights Act claim. William Guess, the former assistant police chief for the City of Miramar, filed a Whistle-blower's Act claim against the City pursuant to section 112.3187, Florida Statutes....

...Lerner of Atkinson, Jenne, Diner, Stone, Cohen & Klausner, P.A., Hollywood, for appellant. F. Scott Pendley of Dean, Ringers, Morgan & Lawton, Orlando, for appellee. PETERSON, Judge. Jeffrey Ujcic appeals from an adverse summary judgment in favor of the City of Apopka on a complaint he filed under section 112.3187, Florida Statutes (1989), commonly called the "Whistle-Blower's Act." We reverse....

...Apopka moved for summary judgment alleging that, in failing to take advantage of the opportunity for a hearing before a police review board under section 112.532, Florida Statutes (1989), Ujcic failed to exhaust his administrative remedies as required by subsection 112.3187(8) of the Whistle-Blower's Act....

...112.532. The intent of the legislature in enacting the Whistle-Blower's Act was to prevent agencies, including municipalities, from taking retaliatory action against employees who report any abuse or neglect of duty on the part of a public officer. § 112.3187(2). The statute provides a cause of action for an employee who suffers adverse personnel action as a result of disclosing the information. § 112.3187(8)....

...(“ADEA”), and the Florida Civil Rights Act, Fla. Stat. § 760.01 , et seq. (“FCRA”). He also alleges that the School Board terminated his employment in retaliation for filing complaints against the School Board, in violation of the Florida Public Sector Whistle-blower Act, Fla. Stat. § 112.3187 (“FWA”)....

...The FWA prohibits an employer from taking a retaliatory action against an employee “who reports to an appropriate agency violations of law on the part of a public employer ... that create a substantial and specific danger to the public’s health, safety, or welfare.” Fla. Stat. § 112.3187 (2)....

...If the employee satisfies these three elements of a prima facie case under the FWA, the employer may rebut that case by proffering a legitimate, non-retaliatory reason for its actions. Rice-Lamar v. City of Fort Lauderdale, 853 So.2d 1125, 1133 (Fla. 4th DCA 2003); Fla. Stat. § 112.3187 (10) (stating that it is a defense to “any action brought pursuant to this section that the adverse action was predicated upon grounds other than, and would have been taken absent, the employee’s or person’s exercise of rights protected by statute.”)....

...n or suspected violation of any federal state, or local law, rule, or regulation committed by an employee or agent of agency ... which creates and presents a substantial and specific danger to the public’s health, safety, or welfare.” Fla. Stat. § 112.3187 (5)(a). The information must be disclosed “in a written and signed complaint” to the “chief executive officer” of the agency, or “other appropriate local official.” Fla. Stat. § 112.3187 (6)....

...First, he identifies his February 16, 2011 email to Dirrigl of the U.S. Department of Education in which he asked for guidance concerning the implementation of the PS/RtI *1303 process. This email does not meet the notice requirements of Florida Statute Section 112.3187(6) because it was addressed to an official with the U.S....

...rvisors. 4 This complaint does not constitute a statutorily-protected complaint by Castro that the School Board was violating laws that would “present[ ] a substantial and specific danger to the public’s health, safety, or welfare.” Fla. Stat. § 112.3187 (5)(a)....

...Delancy, Miami, for appellee. Before SCHWARTZ, C.J., and GREEN and SHEVIN, JJ. SHEVIN, Judge. Metropolitan Dade County [County] appeals an order granting employee Sandra Milton's motion for temporary reinstatement in her action filed under the Whistle-blower's Act [Act]. § 112.3187, Fla....

...he County, County Manager Armando Vidal, and Corrections Director Donald Manning. Milton sought relief for her demotion to lieutenant allegedly in retaliation for her disclosures concerning defendants. Subsequently, Milton filed a motion pursuant to section 112.3187(9)(f) seeking temporary reinstatement to her former position as division director pending the final outcome on the complaint....

...The County seeks reversal of the order, contending that Milton was not entitled to temporary reinstatement because she was demoted rather than discharged as stated in the statute. We agree with the County's position. The trial court reinstated Milton pursuant to section 112.3187(9)(f), which states: In any action brought under this section, the relief must include the following: ......

...Applying the plain and ordinary meaning of the term "discharged," we conclude that the term does not include demotion. Accordingly, the order may not stand as Milton was demoted rather than discharged, and demotion is outside the purview of subsection (9)(f). [1] This result is supported by reference to other subsections of section 112.3187....

...[2] The legislature defined "adverse personnel action" as "the discharge, suspension, transfer, or demotion of any employee or the withholding of bonuses, the reduction in salary or benefits, or any other adverse action taken against an employee ... by an agency...." § 112.3187(3)(c), Fla....

...(1997)(emphasis added). In so doing, the legislature evidenced its recognition that the term "discharge" denotes an action which differs from a demotion and does not include the term "demotion." Furthermore, in delineating the prohibited employer actions, § 112.3187(4)(a), the possible remedies, § 112.3187(8)(a), and the relief available to the employee, § 112.3187(9)(a), (f), the legislature chose to differentiate between the various adverse personnel actions....

...[6] Plaintiff failed to cite, however, the reversal of this case one year later by the Florida Supreme Court. See Arrow Air, Inc. v. Walsh, 645 So.2d 422, 424 (Fla.1994) (wherein the Court discusses the narrow situations in which it will apply Fla. Stat. § 112.3187 (the Whistle-Blower's Statute), absent specific legislative intent to the contrary)....

Artau, Edward L., Associate Judge. Jeffery Kogan, a law enforcement officer, sued his employer, Scott Israel as Sheriff of Broward County (“BSO”), under section 112.3187, Florida Statutes (2013) (the “public Whistle-blower’s Act”)....

...Schorr, 941 So.2d 409, 412 (Fla. 4th DCA 2006) (internal citation omitted). Florida’s public Whistle-blower’s Act prevents retaliatory action against employees and persons who disclose certain types of government wrongdoing to appropriate officials. See § 112.3187(2)-(7), Fla....

...tractor from either dismissing, disciplining, or taking any adverse personnel action against an employee, or taking adverse action that affects the rights or interests of a person for the employee’s or person’s disclosure of certain information. § 112.3187(4)(a)-(b), Fla....

...(b) Any act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, suspected or actual Medicaid fraud or abuse, or gross neglect of duty committed by an employee or agent of an agency or independent contractor. § 112.3187(5), Fla....

...(2013). Pertinent to this case, “employees and persons ... who are requested to participate in an investigation, hearing, or other inquiry conducted by any agency or federal government entity” are protected under the public Whistle-blower’s Act. § 112.3187(7), Fla....

...violation of any federal, state, or local law, rule, or regulation committed by an employee or agent of an agency or independent contractor which creates and presents a substantial and specific danger to the public’s health, safety, or welfare.” § 112.3187(5)(a), Fla....

...municipal government entity, whether executive, judicial, or legislative; any official, officer, department, division, bureau, commission, authority, or political subdivision therein; or any public school, community college, or state university.” § 112.3187(3)(a), Fla....

...(3) Objected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation. Sussan argues that pursuant to Martin County v. Edenfield, 609 So.2d 27 (Fla.1992), which addresses section 112.3187, Florida Statutes (1989), the Public Whistle Blower Act, he is entitled to protection under the Private Whistle Blower Act for objecting to the alleged stealing by his fellow employees from the testing center....

...Sussan's reliance upon Edenfield is misplaced because even though the facts in this case and Edenfield are similar in that both he and Edenfield *934 were terminated after reporting illegal conduct by their fellow employees, the activity proscribed by the Private and Public Whistle Blower Acts differs significantly. Section 112.3187(2), specifically provides that the legislature intended that the Public Whistle Blower Act protect an employee who "discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds, or any other abuse or neglect of duty on the part of ......

...Morello, P.A., Daytona Beach, for appellant. Ronald K. Zimmet, Daytona Beach, for appellee. PETERSON, Judge. Patricia Kelder contends that the trial court erred in dismissing her claim against ACT Corp. ("ACT"), her employer. She brought the claim pursuant to the Florida Whistle-Blower Act, section 112.3187, et seq., Florida Statutes....

...ial district, community college district, or school district or any political subdivision of any of the foregoing, the information must be disclosed to a chief executive officer or other appropriate official. (Italics added). Agency is defined in subsection 112.3187(3)(a), Florida Statutes (1991) as: any state, regional, county, local, or municipal government entity, whether executive, judicial, or legislative; any official, officer, department, division, bureau, commission, authority, or politi...

...the whistle-blower's hotline; or employees who filed any written complaint to their supervisory officials, to the Chief Inspector General in the Office of the Governor, or to the Office of the Public Counsel... . No remedy or other protection under ss. 112.3187-112.31895 applies to any person who has committed or intentionally participated in committing the violation or suspected violation for which protection under ss. 112.3187-112.31895 is being sought....

...he act, an employee is not required, as stated in subsection (6), to disclose the information to an agency or a federal government entity, as long as the employee discloses the information to a supervisor. Kelder argues that she stated a claim under section 112.3187 because she alleged she told three ACT supervisors of the overbilling....

...ower claim was without prejudice, so Ms. Dahl refiled her lawsuit in state court. Upon a motion by Eckerd the circuit court dismissed her amended complaint, finding that Dahl's exclusive remedy was Florida's public-sector whistleblower act, sections 112.3187-.31895, Florida Statutes (1999)....

...Dahl's federal court complaint was filed within the two-year limitations period for the private-sector whistleblower statute, § 448.103(1)(a), but it would have been untimely under the public-sector act's period of 180 days from the time the prohibited *958 action (i.e., termination) was taken, § 112.3187(8)(c)....

...tate court. The public-sector act specifically prevents independent contractors as well as agencies from taking retaliatory action against employees who report violations of law on the part of the agency or independent contractors of the agency. See § 112.3187(2)....

...tating that their provisions do "not diminish the rights, privileges, or remedies of an employee [or employer, in the case of the private-sector act] under any other law or rule or under any collective bargaining agreement or employment contract." §§ 112.3187(11); 448.105....

...Before SHEPHERD, SUAREZ, and ROTHENBERG, JJ. ROTHENBERG, J. Juan M. Pintado appeals from a final summary judgment entered in favor of Miami-Dade County Housing Agency ("Agency"), based on his failure to file his lawsuit asserting a claim under the Whistle-blower's Act ("Act"), § 112.3187, Fla....

...inating his employment in retaliation for the letter he sent to the County Manager. The Agency filed a renewed motion for summary judgment, arguing in part that the whistle-blower's claim was barred by the 180-day statute of limitations set forth in section 112.3187(8)(b). The trial court granted the motion for summary judgment, finding that the whistle-blower's claim was time-barred because Pintado failed to raise the claim within 180 days of the County Manager's decision, as required by section 112.3187(8)(b). [1] Pintado's motion for rehearing was denied, and thereafter, final summary judgment was entered in favor of the Agency. Pintado's appeal followed. The issue that Pintado has asked this Court to determine—whether the 180-day period set forth in section 112.3187(8)(b) of the Act is mandatory or permissive—was not raised below, and therefore, was not properly preserved for appellate review....

...State, 471 So.2d 32, 35 (Fla.1985)). Even if properly preserved for appellate review, we conclude that Pintado's whistle-blower's claim was time-barred as he failed to assert it in a civil action within 180 days of the County Manager's final determination letter. *932 Section 112.3187(8)(b) provides in pertinent part as follows: Within 180 days after entry of a final decision by the local governmental authority, the public employee who filed the complaint may bring a civil action in any court of competent jurisdiction....

...In the instant case, it is undisputed that the County Manager issued his final determination letter on January 7, 2003, and that Pintado first asserted the public sector whistle-blower's claim under the Act in a civil action filed in federal court on November 10, 2004. Thus, if the 180-day period set forth in section 112.3187(8)(b) is mandatory, the trial court properly determined that Pintado's whistle-blower's claim was time-barred. Pintado argues that pursuant to section 112.3187(8)(b), he "may" bring a whistle-blower's claim within 180 days, but is not required to do so within that time period. Pintado's interpretation of subsection (8)(b) is unreasonable. Section 112.3187(8)(b) simply provides that the public employee may, but is not required to, file a whistle-blower's claim under the Act "after entry of a final decision by the local governmental authority" or after the action prohibited under the Ac...

...of Hillsborough County, 636 F.Supp.2d 1272, 1282-83 (M.D.Fla.2007) ("It does appear, however, that Plaintiff's claim is untimely under the [Act], which provides that actions shall be filed within 180 days of a decision by a local government authority of within 180 days from the prohibited act.") (citing to § 112.3187(8)); Shuck v. Clark, No. 8:05-CV-2042-T-30TBM, 2007 WL 676198, at *4 n. 3 (M.D.Fla. Mar. 1, 2007) (noting that a civil action under section 112.3187(8) must be filed within 180 days of the adverse employment action or within 180 days of entry of the final decision of the local governmental authority); Kelly v. Lee County Mosquito Control Dist., No. 2:06-cv-290-FtM-99DNF, 2006 WL 3708100, at *2 (M.D.Fla. Dec. 14, 2006) (referring to the 180-day time period set forth in section 112.3187 as a "statute of limitations"); Allocco v. City of Coral Gables, 221 F.Supp.2d 1317 (S.D.Fla.2002) (dismissing public sector whistle-blower's action brought under section 112.3187 as time-barred where action was filed more than 180 days after employee was terminated)....

...d after the jury returned a verdict in Rosa's favor for $142,857 on her employment whistle-blower claim. The trial court found that Rosa's March 1999 letter did not constitute a whistle-blower complaint because it did not satisfy the requirements of section 112.3187(5), Florida Statutes (2000)....

...tal is reviewed by the de novo standard because "[t]he question is whether the evidence is capable of supporting the verdict" the jury will be asked to render, and "a ruling on the sufficiency of the evidence adjudicates an issue of law"). II. Under section 112.3187(5), to be protected, the information disclosed must include either: (a) Any violation or suspected violation of any federal, state, or local law, rule, or regulation committed by an employee or agent of an agency or independent contr...

...Rehman through its retaliatory transfer and demotion of Rehman to Orlando. Rehman then attempted to shield himself by filing his complaint in Orange County against what he claimed were unlawful prohibited personnel actions in direct contravention of section 112.3187(4)(a) of the state's Whistle Blower's Act....

...ther recent retaliatory actions are being suffered in Orlando. The order transferring venue is vacated and the matter remanded for further proceedings. ORDER VACATED; REMANDED. ANTOON, J., concurs. DAUKSCH, J., dissents, without opinion. NOTES [1] §§ 112.3187-.31895, Fla. Stat. (1995). [2] Florida's Whistle Blower's Act provides in pertinent part: 112.3187 Adverse action against employee for disclosing information of specified nature prohibited; employee remedy and relief.— * * * * * * (2) LEGISLATIVE INTENT.—It is the intent of the Legislature to prevent agencies ......

...[1] We affirm the order under review in its entirety. Appellant has been employed as a City of Miami police officer since May of 1988. On December 19, 1994 appellant filed an amended complaint against the City and four individual officers alleging a violation of section 112.3187, Florida Statutes (1993), of the Whistle-blower's Act....

...in part that the Act only contemplated an action against the employer, namely the City, and not the officers. The trial court granted the motion and dismissed the complaint with respect to the officers. Appellant points to subsections (2) and (3) of section 112.3187, and contends that the plain language of these provisions indicates that the officers were properly named as defendants....

...We apply the foregoing principle to the instant case to answer what are in reality two questions. First, whether the officers are proper defendants in their individual capacities. Second, whether the officers are proper defendants in their official capacities. We are convinced from a reading of section 112.3187, that the Legislature did not intend to subject officials or officers of an agency to suit in their individual capacities for alleged violations of the Act....

...Miami, 49 So.2d 596, 596-97 (Fla.1950); State Dep't of Envtl. Prot. v. PZ Constr. Co., Inc., 633 So.2d 76, 78-79 (Fla. 3d DCA 1994). This requirement applies to the Whistle-blower's statute. McGregor v. Palm Beach County, 674 F.Supp. 858 (S.D.Fla.1987). The Act itself provides in section 112.3187(8)(b): Within 60 days after the action prohibited by this section, any local public employee protected by this section may file *794 a complaint with the appropriate local governmental authority, if that authority has established by...

...inted by the appropriate local governmental authority. Upon hearing the complaint, the panel must make findings of fact and conclusions of law for a final decision by the local governmental authority. The Civil Service Board meets the requirement of section 112.3187(8)(b) as the panel before whom the administrative hearing must be conducted....

...p One and Step Two hearing with UCF's vice-president and president, respectively. Turkiewicz alleges that he filed suit within 180 days after he received the president's letter upholding his non-reappointment, as is required by the final sentence of section 112.3187(8)(a)....

...In seeking review of this order, UCF makes essentially the same arguments made to the trial court below: that if Turkiewicz wanted to make a complaint under the statute, he was required to file his complaint with the FCHR and then wait for a decision from it prior to filing a civil action. We agree. Section 112.3187(8), Florida Statutes, identifies three classes of persons who may file a whistleblower's complaint. As a *144 UCF employee, Turkiewicz falls within section 112.3187(8)(a): [3] Any employee of or applicant for employment with any state agency, as the term "state agency" is defined in s....

...ng of the lawsuit in the first instance." Parkway Bank v. Fort Myers Armature Works, Inc., 658 So.2d 646, 649 (Fla. 2d DCA 1995). We find the rationale of these cases and others to be applicable to this case and that we have certiorari jurisdiction. Section 112.3187(8)(a), Florida Statutes, is a pre-suit requirement. Turkiewicz urges that the use of the word "may" in section 112.3187(8)(a) indicates that the filing of a complaint with the FCHR is permissive and not mandatory: "Any employee ......

...Although there is no case that directly addresses the issue whether an aggrieved public employee is required under the Act to first file a complaint with the FCHR prior to bringing a civil action, there are several cases arising under subsection (b) of section 112.3187 that apply to local government employees....

...Because the Act requires an aggrieved employee to seek administrative relief by filing a complaint with the FCHR prior to the filing of a civil action, UCF is entitled to certiorari relief. PETITION GRANTED; ORDER QUASHED. MONACO, C.J., and TORPY, J., concur. NOTES [1] §§ 112.3187-.31895, Fla....

...After his termination, the plaintiff filed suit against FIU alleging a violation of the federal Family Medical Leave Act, 29 U.S.C. § 2601 et seq., because he was denied a request for leave. He also sued FIU for violation of Florida's Whistle-Blower's Act, § 112.3187, Florida Statutes (1997)....

...n, transfer, or demotion of any employee or the withholding of bonuses, the reduction in salary or benefits, or any other adverse action taken against an employee within the terms and conditions of employment by an agency or independent contractor." § 112.3187(3)(c), Fla....

...There is no evidence that senior management of FIU was implicated in these incidents or condoned them. Even if the plaintiff could surmount that obstacle, there does not appear to be any applicable remedy under the statute. The act provides remedies in the case of a statutory violation. Id. § 112.3187(9)....

...The trial court granted summary judgment in favor of the Authority, finding that the disclosures made by Appellant were not protected under the Act because they were not made to the chief executive officer of the Authority or “other appropriate local official” as required by section 112.3187(6)....

...tle-blower’s Act alleging that his termination was in retaliation for his disclosures to HUD. Based on these undisputed facts, the narrow legal issue framed by this appeal is whether HUD is an “other appropriate local official” for purposes of section 112.3187(6). We conclude that it is not for the reasons that follow. Section 112.3187(6) specifies “to whom information [must be] disclosed” in order to be protected under the Whistle-blower’s *689 Act....

..., an agency inspector general or the employee designated as agency inspector general under s. 112.3189(1) or inspectors general under s. 20.055, the Florida Commission on Human Relations, and the whistle-blower’s hotline created under s. 112.3189. § 112.3187(6), Fla....

...Prior to 1992, a disclosure concerning any government entity — state or local — was protected if it was made “to any agency or federal government entity having the authority to investigate, police, manage, or otherwise remedy the reported violation.” § 112.3187(6), Fla....

...ate local officials” because, like the officials and entities described in the Attorney General Opinions, they were empowered to investigate complaints and make reports or recommend corrective action). This is consistent with the plain language of section 112.3187(6), which as noted above, unambiguously refers to an appropriate local official....

...er’s Act. Id. at 1323 . The college moved to dismiss the whistle-blower’s count on the ground that the disclosures made by the plaintiffs were not made to the college’s chief executive officer or other appropriate local official as required by section 112.3187(6)....

...the administration of criminal justice schools and is empowered to certify and revoke certification of officers, instructors, and schools”). We do not find the analysis in Harris persuasive because it is inconsistent with the plain language of the section 112.3187(6). FDLE is a state agency, not a local official. The fact that FDLE had administrative authority over the college’s training program might have been relevant prior to 1992 or if the first sentence of section 112.3187(6) applied; however, because the plaintiffs’ disclosures concerned a community college, the second sentence of the statute applied and specifically required the disclosure to be made to an appropriate local official....

...does not follow that HUD would fall within this phrase because HUD is a federal agency, which as far as we can determine, has no administrative or enforcement power over the Authority. Likewise, we do not find persuasive Appellant’s argument that section 112.3187(6) must be liberally construed to afford him protection for his disclosures to HUD....

...The rule cannot be used to defeat the plain meaning of the statute.” 927 So.2d 914, 919 (Fla. 2d DCA) (footnote omitted), rev. denied, 937 So.2d 665 (Fla.2006). Here, as our sister court recognized in Kelder v. ACT Corporation, there is nothing ambiguous about section 112.3187(6)....

...We conclude that the Sheriff does not have an administrative remedy available in accordance with section 112,3187(8)(b), Florida Statutes (2012), and thus deny the petition. *817 The respondent, Bridgette Bott, a deputy sheriff employed by the Sheriff, Ric Bradshaw, filed a complaint alleging a single violation of section 112.3187, Florida Statutes, Florida’s Whistleblower’s Act (“the Act”)....

...pplies here, as summary judgment, like a motion to dismiss, seeks to prematurely end litigation short of trial. Additionally, the basis for early review of the denial in this case is found in the pre-suit requirements of subsection (8)(b) and (c) of section 112.3187, which mandate that persons suing under the Act to exhaust administrative remedies before doing so....

...going. (c)Any other person protected by this section may, after exhausting all available contractual or administrative remedies, bring a civil action in any court of competent jurisdiction within 180 days after the action prohibited by this section. § 112.3187(8), Fla....

...municipal government entity, whether executive, judicial, or legislative; any official, officer, department, division, bureau, commission, authority, or political subdivision therein; or any public school, community college, or state university.” § 112.3187(3)(a), Fla....

...Therefore, the Sheriff fits into the definition of an “agency” under the Act. Similarly, the Act defines “employee” as “a person who performs services for, and under the control and direction of, or contracts with, an agency or independent contractor for wages or other remuneration.” § 112.3187(3)(b), Fla. Stat. Thus, Bott falls within the definition of an employee under the Act. The Act protects “employees and persons” who disclose protected information. § 112.3187(7), Fla....

...Subsection (8)(b) does not use the term “agency!,]” but does use the term “local governmental authority!,]” which is defined as “any regional, county, or municipal entity, special district, community college district, or school district or any political subdivision of any of the foregoing.” § 112.3187(8)(b), Fla....

...definition of “local governmental authority” under the Act. Likewise, Bott falls within the definition of “employee” under the Act and thus does not fall within “any other person” language of subsection (8)(c). We therefore conclude that section 112.3187(8)(b) governs the remedy in this case....

...That section requires that the employee exhaust an administrative remedy “if that authority has established by ordinance an administrative procedure for handling such complaints or has contracted with the Division of Administrative Hearings under s. 120.65 to conduct hearings under this section.” § 112.3187(8)(b), Fla....

...Therefore, we do not address it, *820 nor would the denial of summary judgment on that ground necessarily constitute irreparable harm to warrant certiorari relief. For the foregoing reasons, we deny the petition on the merits. GROSS and DAMOORGIAN, JJ., concur. . § 112.3187, Fla....

...nt Attorney General, Tampa, for Appellee. PER CURIAM. Lindamood appeals from a nonfinal order which denied her temporary reinstatement to her former position as an assistant state attorney, after she sued the Office of the State Attorney pursuant to section 112.3187, Fla....

...ns qualified them for special high risk retirement, for which they did not qualify by the nature of their duties. After her termination, Lindamood filed a complaint with the Office of the Public Counsel of the Executive Office of the Governor, under section 112.3187 and alleged her termination was due to her earlier whistle-blowing activities....

...wrongful purpose, and did not occur after the initiation of a personnel action against her. It requested that the State Attorney "immediately reinstate Ms. Lindamood pending the conclusion of our investigation into her claim of retaliation," citing § 112.3187(9)....

...rney; therefore, it was not necessary to give Lindamood a reason for her termination. With respect to the disciplinary process denied Lindamood, he claimed utilization of this process was at the will of the State Attorney and entirely discretionary. Section 112.3187 applies to this case....

...[3] Lindamood was an employee of the State Attorney's Office, which is an agency governed by the statute. [4] The purpose of the *832 statute is to prevent state agencies from taking retaliatory action against employees who report agency violations of law or who disclose certain types of information. § 112.3187(2); Dept....

...to the public's health, safety or welfare. (b) Any act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, or gross neglect of duty committed by an employee or agent of an agency or independent contractor. § 112.3187(5). Second, the information must have been disclosed to an agency or federal government entity having the authority to investigate, police, manage or otherwise remedy the violation or act. § 112.3187(6); Kelder v. ACT Corp., 650 So.2d 647 (Fla. 5th DCA 1995). This specifically includes, but is not limited to, the Office of the Public Counsel. § 112.3187(6). Any employee of a state agency, who is discharged because he/she engaged in an activity protected under this section, may file a complaint with the Office of the Public Counsel, inter alia. §§ 112.3187(8)(a), 112.31895(1)(a). After the Office of the Public Counsel notifies the employee that the investigation has been terminated, the employee may file a civil action. § 112.3187(8)(a). Section 112.3187(9), entitled "RELIEF," provides that the relief "must" include the following: (f) Temporary reinstatement to the employee's former position or to an equivalent position, pending the final outcome of the complaint, if an employee comp...

...112.31895, determines that the disclosure was not made in bad faith or for a wrongful purpose or occurred after an agency's initiation of a personnel action against the employees .... (emphasis added) In this case all of the statutory requirements of § 112.3187, which trigger its operation and require Lindamood's reinstatement, have been met....

...Prior to her termination, she made disclosures of the type protected by the statute, to the Office of the Public Counsel, an agency specifically authorized to investigate these kind of incidents. She was subsequently terminated, and she followed the procedures outlined in § 112.3187 by again filing a complaint with the Office of the Public Counsel. It determined that Lindamood's disclosures were not in bad faith or for a wrongful purpose, and that they were made prior to her termination. *833 The statutory language of § 112.3187 is not ambiguous and the plain meaning of the statute must prevail....

...bited; employee remedy and relief," or the "Whistle-blower's Act." [2] Although Lindamood inartfully titled this motion as a motion for a temporary injunction, a review of the motion reveals its substance concerned only temporary reinstatement under § 112.3187....

...[3] It pertains to and prohibits adverse action against an employee for disclosing certain information, and applies to "any state [agency], ... whether executive, judicial or legislative; any official, officer, department, division, bureau, commission, authority, or political subdivision. § 112.3187(3)(a). An employee is defined as "a person who performs services for, and under the control and direction of, or contracts with, an agency." § 112.3187(3)(b). [4] There are two definitions of "state agency" with regard to the whistle-blower act, but they are not incompatible, and both encompass the State Attorney's Office. Section 112.3187(3)(a) defines agency as: "Agency" means any state, regional, county, local, or municipal government entity, whether executive, judicial, or legislative; any official, officer, department, division, bureau, commission, authority, or p...

...For purposes of this chapter and chapter 214, "state agency" or "agency" includes state attorneys, public defenders, the Capital Collateral Representative, and the Justice Administrative Commission." (emphasis supplied) [5] Adverse action includes, but is not limited to, discharge. § 112.3187(3)(c).

...However, the City refused to process the appeal or participate in arbitration, because it maintained that, as a probationary employee, Bridges was not entitled to invoke the procedures of the CBA. Bridges then filed his action pursuant to the Whistle-blower's Act, 184 days after he was terminated from employment. Section 112.3187(8)(b), Florida Statutes, provides that if the employer has not established administrative procedures for handling such complaints, the employee must bring suit within 180 days of termination....

...The trial court concluded the town was entitled to a judgment as a matter of law because the town had adopted an administrative procedure for handling whistle-blower claims by ordinance and Appellants failed to exhaust their administrative remedies as required by section 112.3187(8), Florida Statutes (1995)....

...dle whistle-blower complaints, Florida's Whistle-blower's Act requires that the procedure be adopted by ordinance and provide for the complaints to be heard "by a panel of impartial persons appointed by the appropriate local governmental authority." § 112.3187(8)(b), Fla....

...om a list of employees trained in the grievance procedure, and the third member is the town manager. Although the procedure does not guarantee an impartial panel, the town's grievance procedure sufficiently complies with the requirements of the act. Section 112.3187(8)(b), Florida Statutes (1995), provides, in part: Within 60 days after the action prohibited by this section, any local public employee protected by this section may file a complaint with the appropriate local government authority,...

...the local governmental authority has not adopted an administrative procedure. We therefore concur in the trial court's conclusion that Appellants have failed to exhaust administrative remedies. Under the statute, the trial court lacks jurisdiction. § 112.3187(8)(b), Fla....

...City of Apopka, 581 So.2d 218 (Fla. 5th DCA 1991), relied on by Appellants, the town ordinance and procedure established by Appellee to review grievances is not illusory. We also reject Appellants' attack on the town's ordinance as not mandating findings. Section 112.3187(8)(b) provides that the local panel must make findings for a final decision by the local governmental authority....

...Florida's public sector Whistle-blower's Act provides that "[a]n agency or independent contractor shall not dismiss, discipline, or take any other adverse personnel action against an employee for disclosing information pursuant to the provisions of this section." § 112.3187(4)(a), Fla....

...Stat. (2003). If the local governmental authority has not established an administrative appeal procedure for handling Whistle-blower complaints, an employee has "180 days after the action prohibited by this section" within which to file a civil action. § 112.3187(8)(b), Fla....

...on, transfer, or demotion of any employee or the withholding of bonuses, the reduction in salary or benefits, or any other adverse action taken against an employee within the terms and conditions of employment by an agency or independent contractor. § 112.3187(3)(c), Fla....

...We concluded that the catch-all relief provision permitted the recovery of money damages, a legal rather than equitable remedy, and thus, as the plaintiffs had requested "any relief available," the right to a jury trial attached. Id. at 308-09. By comparison, section 112.3187(9)(c) of the Whistle-blower's Act permits a plaintiff to recover "[c]ompensation, if appropriate, for lost wages, benefits, or other lost remuneration caused by the adverse action." Unquestionably, this compensatory remedy consists of money damages, which are legal rather than equitable in nature....

...In his amended complaint, Fox requested "[s]uch other relief as is permitted by statute." Hence, Fox is entitled to a jury trial because his prayer for relief encompassed the remunerative relief afforded by the legislature pursuant to the Whistle-blower's Act. Reversed and Remanded. FARMER and TAYLOR, JJ., concur. NOTES [1] Section 112.3187(8)(b), Florida Statutes, provides: Within 60 days after the action prohibited by this section, any local public employee protected by this section may file a complaint with the appropriate local governmental authority, if that author...

...§ 1983 (Count VIII); Civil Conspiracy to Deprive White of her Civil Rights that Resulted in Selective Enforcement of the Laws and Denial of Equal Protection of Laws (Count IX); Action for Neglect to Prevent Civil Rights Violation (Count X); and Florida Whistleblower's Act pursuant to Fla. Stat. § 112.3187 (Count XI)....

...emedies, which is required by the FWA for local government employees "if that authority has established by ordinance an administrative procedure for handling such complaints or has contracted with the Division of Administrative Hearings." Fla. Stat. § 112.3187(8)(b)....

...[5] It does appear, however, that Plaintiff's claim is untimely under the FWA, which *1283 provides that actions shall be filed within 180 days of a decision by a local government authority or within 180 days from the prohibited action. Fla. Stat. § 112.3187(8)....

...The prohibited action took place, at the latest, on or about August 4, 2005, when Wilbesan's charter was terminated. (Dkt.18, ¶ 15). Plaintiff filed her complaint on September 5, 2005, more than one year after the termination letter. (Dkt.1). Plaintiff's claim pursuant to Florida Whistleblower's Act, Fla. Stat. § 112.3187 (Count XI) is therefore dismissed....

...[5] Defendant also argues that the FWA claim fails because Plaintiff has not alleged she was an employee of Defendant. However, the FWA provides: "[t]his section protects employees and persons who disclose information on their own initiative in a written and signed complaint." Fla. Stat. § 112.3187(7)....

...eblower count after determining there was no dispute of material fact that Rustowicz did not make protected disclosures (1) in a signed written complaint or (2) to the appropriate official. As to the Whistleblower count, we determine the 1 Sections 112.3187-112.31895, Florida Statutes (2013), is Florida’s Whistle- blower’s Act. The section pertinent to this appeal is section 112.3187. 2 Sections 760.01-760.11 and 509.092, Florida Statutes (2013), are formally cited as the “Florida Civil Rights Act of 1992.” trial court erred in its application of the law and reverse for further proceedings. Fa...

...Talcott, 191 So. 2d 40 (Fla. 1966)). The legislature plainly stated its intent in enacting the Whistleblower Act: to prevent retaliatory action against employees and persons who disclose certain types of government wrongdoing to appropriate officials. See § 112.3187(2)-(7), Fla....

...6 justifications stated by the trial court for granting summary judgment. We then address whether summary judgment should be affirmed based on the alternative arguments made by the employer. The Written Complaint Requirement Section 112.3187(7) of the Whistleblower Act states: (7) Employees and persons protected.--This section protects employees and persons who disclose information on their own initiative in a written and signed complaint; who are requ...

...employees who submit a complaint to the Chief Inspector General in the Executive Office of the Governor, to the employee designated as agency inspector general under s. 112.3189(1), or to the Florida Commission on Human Relations. § 112.3187(7), Fla....

...address the category of employees who are requested to participate in an investigation. The employer’s argument that disclosures as to that category of employees has to be in writing and signed by the complainant is incorrect. The language of section 112.3187(7) makes it clear that the legislature intended Whistleblower protection to be extended to employees other than those who sign a written complaint....

...Florida Department of Veterans’ Affairs, 925 So. 2d 1149 (Fla. 4th DCA 2006), as support for the argument that employees who are requested to participate in an investigation must make their protected disclosures in writing. In Walker, we wrote: Under section 112.3187(7), as it applies to this case, a protected disclosure requires an employee’s “written and signed complaint,” or a “written complaint to [the employee’s] supervisory official[ ].” 8 Id....

...During Burden’s interviews, he expressed concerns that the department was disorganized, its procedures outdated, and discipline was inconsistently handled. Id. Burden attributed the problems to the police chief. Id. The federal trial court analyzed the “participation in an investigation” portion of section 112.3187(7), and ruled that “disclosures made pursuant to an investigation or inquiry need not be made via written and signed complaints or on the initiative of the one disclosing.” Id....

...reached the same conclusion that a signed written complaint was not required for protection claimed by employees who participate in an investigation. Golf Channel v. Jenkins, 752 So. 2d 561 (Fla. 2000). The Disclosure to an “Other Appropriate Local Official” Requirement Section 112.3187(6), Florida Statutes (2009), defines the person to whom the information must be disclosed for Whistleblower protection: (6) To whom information disclosed.--The information disclosed under this section must be disclosed t...

...enter the summary judgment with leave to amend.”) (citing Hart Props., Inc. v. Slack, 159 So. 2d 236 (Fla. 1963)). 10  officer as defined in s. 447.203(9) or other appropriate local official. § 112.3187(6), Fla....

...Whistleblower Act after she reported to her supervisors incidences of sexual harassment while she was on the job. Regarding whether the corrections officer made her report to an “appropriate local official,” the court wrote: Under Fla. Stat § 112.3187(6), an employee must report any incidents under this section to a “chief executive officer as defined in § 447.203(9) or other appropriate local official.” The plaintiff alleges she reported the incidents not to...

...on charge. Plaintiff claims that his termination violates 42 U.S.C. § 1983 ("§ 1983"); Title VII of the Civil Rights Act of 1964, codified at 42 U.S.C. § 2000e (West 1997) ("Title VII"); the Florida Civil Rights Act of 1992 ("FCRA"); and Sections 112.3187 and 448.102, Florida *1324 Statutes....

...Defendant's Motion for Summary Judgment In Counts I and II, the plaintiff alleges violation of his rights under the First Amendment as enforced by § 1983, and Title VII, respectively. Counts III, IV, V, and VI are state law claims for violation of the FCRA, Sections 112.3187 and 448.102 of the Florida Statutes, and for breach of contract....

...Blockbuster Entertainment Corp., 139 F.3d 1385, 1387 (11th Cir.1998) (citations omitted). Therefore, because summary judgment is warranted on plaintiff's Title VII retaliation claim, summary judgment is also granted on plaintiffs FCRA claim. 4) Count IV — Florida Statute § 112.3187 Plaintiff claims that his termination violates Florida's Whistle-blower Act, Florida Statute § 112.3187....

...itten and signed complaint; who are requested to participate in an investigation, hearing, or other inquiry conducted by any agency or federal government entity; [or] refuse to participate in any adverse action prohibited by this section." Fla.Stat. § 112.3187(7)....

...The statute also provides that "[i]t shall be an affirmative defense to any action brought pursuant to this section that the adverse action was predicated upon grounds other than, and would have been taken absent, the employee's or person's exercise of rights protected by this section." Id. at § 112.3187(10)....

...Whited, personally and as a member of the Council; 5) Howard O. Herman, personally and as a member of the Council; 6) Richard Connick, personally; 7) Ruby S. Driver, personally; and 8) John Chappie, personally. The complaint asserted the following counts: 1) violation of Section 112.3187, Florida Statutes (the whistle-blowers act) against defendants the City, Linda Barrett-O'Neill, Howard O....

...d to, and did, discharge and terminate Plaintiff's employment with the City, effective on or about December 13, 1988. I. FAILURE TO ALLEGE EXHAUSTION The first assertion of the motion to dismiss is that Count I fails to state a cause of action under Section 112.3187 because the complaint fails to allege the exhaustion of all available contractual or administrative remedies. At Section 112.3187(8), the statute provides: Any employee who is discharged, disciplined, or subject to other adverse personnel action by an agency or independent contractor, or any person, whose rights or interests are adversely affected by an agency...

...existence) of the prescribed procedure to circumvent the requirement for exhaustion. Id., at 1112. The failure of the complaint to address in any manner the exhaustion requirement mandates dismissal for failure to state a cause of action pursuant to Section 112.3187....

...Crouch appeals the trial court's directed verdict in favor of appellee Public Service Commission on his claim under the Florida Whistle-blower's Act. The trial court ruled that Crouch's verbal complaints to his supervisory officials did not satisfy the requirements of the Whistle-blower's Act. We agree and therefore affirm. Section 112.3187(7), Florida Statutes (2001), protects, in relevant part, "employees who file any written complaint to their supervisory officials or employees who submit a complaint to the Chief Inspector General in the Executive Office of the Governor, to the employee designated as agency inspector general under s....

...Crouch did not ask his supervisors to submit the complaints on his behalf, and no promise was made by the supervisors that they would do so. Therefore, we agree with the trial court's directed verdict because Crouch did not disclose information as required by section 112.3187(7)....

...The Commission's jurisdiction to investigate whistle-blower complaints is circumscribed by section 112.31895(1)(a). That section allows an employee of "a state agency, as defined in s. 216.011," to file a complaint with the Commission. This limitation is reflected in section 112.3187(8)(a) which indicates that the remedy for a whistle-blower violation available to an employee of a state agency, "as the term `state agency' is defined in s. 216.011," begins with the filing of a complaint with the Commission. See § 112.3189(1) (setting investigative procedures upon the disclosure of "information as described in s. 112.3187(5)" by an employee, former employee, or prospective employee of "a state agency as the term `state agency' is defined in s....

...For these reasons, the Commission correctly determined that it did not have jurisdiction to investigate Caldwell's complaint. The exclusion of the College from the definition of a state agency under section 216.011 is not inconsistent with the definition *1202 of "agency" in section 112.3187(3)(a) which includes a "community college." The section 112.3187(3)(a) definition of "agency" identifies those agencies that are subject to the prohibitions contained in section 112.3187 of the Whistle-blower's Act; that definition is broader than the section 216.011 definition of "state agency," which determines whether the Commission is authorized to investigate complaints under section 112.31895(1)(a)....

...We withdraw our previously filed opinion and substitute the following. Appellant, a high school teacher, brought this suit seeking relief from discrimination by retaliation, under both Florida and federal statutes which are known as "whistle-blower" acts. § 112.3187, Fla....

...trial. Appellee Pomerantz, who was the principal who allegedly retaliated against appellant, cross-appeals the trial court's denial of his motion to dismiss Count VI of the complaint, which alleged a whistle blower claim against him. He argues that section 112.3187, Florida Statutes (1993), does not authorize actions against him individually....

LaROSE, Judge. This is a whistleblower case. Patrick Competelli, the former fire chief of the City of Belleair Bluffs, sued the City for violation of Florida’s public employee whis-tleblower act, sections 112.3187-.31895, Florida Statutes (2009)....

...Competelli claims that the City retaliated against him because, despite his original support for consolidating City fire services with those of another government entity, he had a change of heart and disclosed his safety and other concerns about such consolidation to City officials. If true, such retaliation may run afoul of section 112.3187: (4) ACTIONS PROHIBITED.— (a) An agency or independent contractor shall not dismiss, discipline, or take any other adverse personnel action against an employee for disclosing information pursuant to the provisions of this section....

...Edenfield, *94 609 So.2d 27, 29 (Fla.1992); Hutchison v. Prudential Ins. Co. of Am., Inc., 645 So.2d 1047, 1049 (Fla. 3d DCA 1994)). To set forth a prima facie claim of retaliatory discharge, Mr. Competelli had to show that he made a disclosure protected by the statute and that he was discharged. See § 112.3187(2), (4), (5)....

...ent contractors from taking retaliatory action against an employee who reports danger to the public’s health, safety, or welfare or who alleges improper use of governmental office, gross waste of funds, or other abuse or gross neglect of duty. See § 112.3187(2). Mr. Competelli urges us to see the causal connection between his termination and his criticism of the City’s proposed course of action; the City claims that it fired him for not following directions. See § 112.3187(10) (“It shall be an affirmative defense to any action brought pursuant to this section that the adverse action was predicated upon grounds other than, and would have been taken absent, the employee’s or person’s exercise of rights protected by this section.”)....

...Genuine issues of material fact remain as to the cause of the termination. Accordingly, we must reverse the final summary judgment. 2 Reversed and remanded for further proceedings. ALTENBERND and MORRIS, JJ., Concur. . In actions seeking temporary employment reinstatement pursuant to section 112.3187(9)©, which does not apply to a municipal employee, an aggrieved party must show that he or she made a disclosure protected by the statute, was discharged, and did not make the disclosure in bad faith or for a wrongful purpose after an adverse personnel action....

...and remand this case to the circuit court for a new temporary reinstatement hearing under the Florida Whistle-blower’s Act. This case was filed as an appeal from a non-final order denying the Mar-chettis’ motion for temporary reinstatement under section 112.3187(9)(f), Florida Statutes (2012)....

...Marchetti “the subject of a performance or disciplinary action” and does not contend “that Mrs. Marchetti’s cooperation with the SAO was in bad faith or for a wrongful purpose.” Mrs. Marchetti and her husband filed a lawsuit which included a claim under section 112.3187, Florida Statutes (2012), the “Whistle-blower’s Act.” See §§ 112.3187-112.31895, Fla. Stat. (2012). They moved for Mrs. Marchetti’s temporary reinstatement under section 112.3187(9)(f), which provides: (9) RELIEF — In any action brought under this section, the relief must include the following: (f) Temporary reinstatement to the employee’s former position or to an equivalent position, pending the final ou...

...injunctive relief under Florida Rule of Civil Procedure 1.610 before being entitled to temporary reinstatement under the statute. The trial judge erred in importing the requirements of Rule 1.610 into the “temporary reinstatement” authorized by section 112.3187(9)(f)....

...To require the elevated level of proof necessary for injunctive relief would undermine the purpose of temporary reinstatement, which is to keep a whistle-blower on the job during the pendency of the lawsuit unless the statutory requirements for termination are met. Section 112.3187 is intended to “prevent agencies or independent contractors from taking retaliatory action against any person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds, or any other abuse ... of duty on the part *814 of an agency, public officer, or employee.” § 112.3187(2), Fla. Stat. (2012). Subsection 112.3187(9) sets forth the required relief in actions brought under the Act. The statute separates “temporary reinstatement” in subsection 112.3187(9)(f) from the “[ijssuance of an injunction, if appropriate” in subsection (9)(e), where the concept of “appropriateness” incorporates the requirements of Rule 1.610....

...urpose” or (2) “occurred after an agency’s initiation of a personnel action against the employee which includes documentation of the employee’s violation of a disciplinary standard or performance deficiency.” To qualify for relief under subsection 112.3187(9)(f), a plaintiff is required only to make the showing required under the statute and not under Rule 1.610....

...ion. Id. at 830 . The appellate court noted that [a]lthough [the assistant state attorney] inartfully titled [her] motion as a motion for temporary injunction, a review of the motion reveals its substance concerned only temporary reinstatement under § 112.3187....

...e.”). Relied upon by the Board, Broward County v. Meiklejohn, 936 So.2d 742 (Fla. 4th DCA 2006), is distinguishable. In that case, the plaintiff alleged discrimination claims under the Florida Civil Rights Act of 1992 1 and also made a claim under section 112.3187....

...y between state and federal discrimination statutes. Id. at 745 . From this we conclude that the appeal in Meiklejohn was from a motion for temporary injunction filed under the Civil Rights Act, rather than a motion for temporary reinstatement under section 112.3187(9)(f). This is a case that meets the requirements of certiorari jurisdiction. The departure from the specific prerequisites *815 of section 112.3187(9)(f) was a departure from the essential requirements of law; such a departure cannot be remedied on appeal following final judgment, because by that time it would be too late for the plaintiff to obtain the temporary reinstatement contemplated by the statute. For these reasons, we reverse and remand for a new hearing on the motion for temporary reinstatement, where the trial court shall require only that the Marchet-tis satisfy the requirements of section 112.3187(9)(f) and not Rule 1.610 for injunctions....

...eged violation of a law, rule, or regulation by the employer. (3) Objected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation. Plaintiff also alleged a violation of section 112.3187, Florida Statutes (2000). It is not clear to us that Section 112.3187 applies to the plaintiff, but that question is not before us....

...road Safety Act] does not preempt this action or serve as a basis for subject matter dismissal. Id. As the plaintiff bypassed any reliance on the FEC's failure to plead the affirmative defense, that is not a proper basis for reversal here. [7] See §§ 112.3187 and 448.102, Fla....

...United States, 945 F.2d 374 (11th Cir.1991). DISCUSSION The Third Amended Complaint contains the following causes of action against the College, Peck, Shattler and Buckley: Count I — Civil Rights Action, violation of 42 U.S.C. § 1983; Count II — violation of Florida Statutes § 112.3187(4)(a) and (b) (1996); and Count III — Invasion of Privacy Article I, § 23 of the Florida Constitution....

...Plaintiffs further allege that Peck referenced the memorandum's negative impact on Pottinger's termination. Finally, plaintiffs allege that Peck's approval of the retaliatory *1326 termination violated the Florida Whistle-blower Statute codified in Fl. St. § 112.3187; a clearly established law....

...rnmental authority has not established an administrative procedure by ordinance or contract, a local public employee may within 180 days after the action prohibited by this section, bring a civil action in a court of competent jurisdiction." Fl. St. § 112.3187(8)(b)....

...206, 126 So. 283 (1930)). Finally, this Court looks to the language of the statute. The wording of the statute specifically says that the employee may, within 180 days after the action ..., bring a civil action in a court of competent jurisdiction. Fl. St. § 112.3187(8)(b) (emphasis added)....

...agency violations of laws, abuses of governmental offices, or the wasting of funds — is codified in subsection 2. After a careful review of the statute and the aforementioned cases, this Court is convinced that the statute of limitations of Fl. St. § 112.3187(8)(b), when construed liberally in favor of granting plaintiff access to the remedy sought, accrues at the time that the plaintiff has knowledge of the allegedly wrongful act....

...Defendants Peck, Shattler, and Buckley in their Individual Capacities Defendants move to dismiss Count II as it pertains to Peck, Shattler, and Buckley in their individual capacities for lack of a cause of action. Defendants allege and plaintiffs concede that the Florida Whistle-Blower Act, Fl. St. § 112.3187 does not create individual liability. Therefore, after reviewing the statute and the law, and upon finding no dispute between the parties on the interpretation of Fl. St. § 112.3187 as it pertains to individual liability, the Court will dismiss Count II of the Third Amended Complaint as it pertains to defendants Peck, Shattler, and Buckley in their individual capacities. C. Defendants Peck, Shattler, and Buckley in their Official Capacities Defendants move to dismiss Peck, Shattler, and Buckley in their official capacities. Defendants refer to subsection 6 of Fl. St. § 112.3187 which requires that disclosures regarding a community college be made to a "chief executive officer as defined in § 447.203(9) or other appropriate local official"....

...Defendants allege that disclosure was only made to Shattler (Docket No. 23, ¶ 11), yet the Third Amended Complaint specifically alleges that the memorandum was sent to the Florida Department of Law Enforcement (FDLE). (Docket No. 19, ¶ 7). Plaintiffs assert the FDLE memorandum fulfills the Fl. St. § 112.3187(6) requirement of notification to an "appropriate local official." Plaintiffs refer to Fl....

...Mancini, of Richeson & Brown, P.A., Ft. Pierce, for appellee. Rehearing, Rehearing En Banc and Clarification Denied; Certification Granted September 10, 1991. FARMER, Judge. We reverse the summary judgment in favor of the defendant County in this action for relief under section 112.3187, Florida Statutes (1989), the "Whistle-blower's Act of 1986." In particular, we conclude that the affidavit of the witness Holt, which everyone agrees was timely served, showed a material factual dispute as to whether plaintiff suffe...

...as they are employees or persons who disclose information on their own initiative in a sworn complaint; [or] who are requested to participate in an investigation, hearing, or other inquiry conducted by any agency or federal government entity; * * *. § 112.3187(7), Fla....

...that an agency or independent contractor may not take adverse personnel action against an employee for disclosing information regarding "[a]ny violation or suspected violation of any federal, state or local law, rule, or regulation." See Fla. Stat. § 112.3187 (emphasis added)....

...by the employer.” § 448.102(2), Fla. Stat. (emphasis added). Similarly, Florida’s whistleblower statute for public employees protects employees who disclose information about “[a]ny violation or suspected violation of any federal, State, or local law, rule, or regulation. § 112.3187(5)(a), Fla....

GROSSHANS, J. In this appeal, Matthew Griffin challenges the final summary judgment entered by the trial court in favor of the Putnam County Sheriff's Office (Sheriff's Office) on Griffin's claim brought pursuant to section 112.3187 of the Florida Statutes (2015) (the Whistle-blower's Act)....

...The burden-shifting framework established in McDonnell Douglas 3 applies to claims under the Whistle-blower's Act. Rustowicz v. N. Broward Hosp. Dist. , 174 So.3d 414 , 419 (Fla. 4th DCA 2015). "To establish a prima facie claim for retaliation under Florida's Whistle-blower Act, *932 sections 112.3187 - 112.31895, Florida Statutes (2007), a plaintiff must demonstrate: (1) he engaged in protected activity; (2) he suffered an adverse employment action; and (3) there is a causal relation between the two events." Fla....

...ad to be authorized by the entire town council). The trial court accordingly erred in permitting this case to proceed on theory of breach of contract. The remaining claim submitted to the jury was brought under Florida's Whistle-Blower Act, sections 112.3187-112.3189(5), Florida Statutes (1995)....

...termination was in the best interests of the city. The trial court was concerned that the city could concoct after-the-fact reasons. At trial the court would not even let the manager explain why the termination was in the best interest of the city. Section 112.3187(10) provides as follows: Defenses.—It shall be an affirmative defense to any action brought pursuant to this section that the adverse action was predicated upon grounds other than, and would have been taken absent, the employee's or person's exercise of rights protected by this section....

...DEP informed Plaintiff that his reinstatement was conditioned upon the results of the second investigation. Plaintiff decided not to accept reinstatement. III. DISCUSSION (a) Count III: Whistle-blower's Act Violation Plaintiff alleges that Defendant DEP violated Florida Statute § 112.3187 ("Whistle-blower's Act") by retaliating against Plaintiff for complaining about Stephens' call....

...written and signed complaint" or "who submit a complaint to the Chief Inspector General in the Executive Office of the Governor, to the employee designated as agency inspector general ... or to the Florida Commission on Human Relations." Fla. Stat. § 112.3187(7). A complaint made to the agency inspector general need not be in writing. Crouch v. Public Service Commission, 913 So.2d 111, 111-12 (Fla. 1st Dist.Ct.App.2005) ("[Florida Statute § 112.3187(7)] does not require a complaint submitted to the employee designated as agency inspector general to be in writing.")....

...the public's health, safety, or welfare"; or alternatively, it must constitute "gross mismanagement, malfeasance, misfeasance, gross waste of public funds ... or gross neglect of duty committed by an employee or agent of an agency...." Fla. Stat. §§ 112.3187(5)(a) & (b)....

...Plaintiff next alleges that he called David Tripp with the Florida Highway Patrol to complain about Stephens' call. (Pl.'s Am. Compl. ¶ 22.) This complaint was not in writing, nor was it made to the DEP's inspector general, so it does not meet the requirements of Fla. Stat. § 112.3187(7)....

...e "inquisition" he was subjected to on November 1, 2006. It is possible that this email meets the requirements of a complaint under the Whistleblower's Act. The email was sent to an investigator at OIG, which satisfies the requirements of Fla. Stat. § 112.3187(7)....

...¶ 38, Ex. M at 1.) This complaint satisfies the statutory requirement that the complaint be "submit[ted] ... to the Chief Inspector General in the Executive Office of the Governor [or] to the employee designated as inspector general ...." Fla. Stat. § 112.3187(7)....

...e requirement of a general complaint. See Crouch v. Public Service Commission, 913 So.2d 111, 111-12 (Fla. 1st Dist.Ct.App.2005). [1] Therefore, Plaintiff's email complaint to OIG on January 18, 2007 appears to have met the requirement of Fla. Stat. § 112.3187(7)....

...ic danger to the public's health, safety, or welfare", nor did they constitute "gross mismanagement, malfeasance, misfeasance, gross waste of public funds ... or gross neglect of duty committed by an employee or agent of an agency ...." Fla. Stat. §§ 112.3187(5)(a) & (b)....

...§ 112.533(4) creates criminal liability for anyone who violates the privacy requirements of this statute. Nowhere is a private cause of action vis-a-vis the government agency and its law enforcement personnel created. Plaintiff also points to Fla. Stat. § 112.3187, the Florida Whistle-blower's Act, as "prohibiting adverse employment action for protected activities." This argument is entirely misplaced as this statute specifically authorizes a civil action for employees alleging retaliation for, protected activities once specific procedures have been exhausted first....

...For the reasons that follow, we reverse. Appellee Irven was formerly employed as a Child Protective Investigator with HRS. She was discharged from her employment effective August 25, 1994, and subsequently filed her "whistle-blower's" civil action complaint pursuant to section 112.3187, Florida *699 Statutes (1993), alleging she was improperly discharged in retaliation for her disclosure of alleged HRS wrongdoings. HRS raises three issues in this appeal: I. Whether section 112.3187, Florida Statutes (1993), the "Whistle-Blower's Act," waives sovereign immunity under Article X, Section 13, of the Florida Constitution. II. Whether Irven's internal memoranda constituted whistle-blowing under section 112.3187, Florida Statutes. III. Whether Irven's election of remedies under section 112.3187(11) and section 447.401, Florida Statutes, foreclosed her complaint for and evidence of retaliation for whistle-blowing....

...unconvinced that the "election of remedies" issue was properly presented to the trial court and thereby preserved for our review on this appeal. In regard to the first issue raised by HRS, it is clear to us that the "Whistle-Blower's Act," sections 112.3187-112.31895, Florida Statutes (1993), clearly and unequivocally waives sovereign immunity for the purposes of the "Remedies" and "Relief" afforded by subsections 112.3187(8) and (9)....

...Only reprisal or retaliation for the acts defined by the statute is protected against and for which "Remedies" and "Relief" are afforded. *700 The "whistle-blower" acts of employees that are afforded protection are clearly enunciated and are statutorily defined as follows: 112.3187 Adverse action against employee for disclosing information of specified nature prohibited; employee remedy and relief.— .......

...maternal grandparents in Nassau County, and the alleged acts upon which the dependency petition was based took place in Osceola County, in close proximity to Polk County, the resident county of the mother and S.S. The legislative intent specified in section 112.3187(2) provides that the purpose of the Act is to protect persons who disclose information alleging "improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee." Moreover, section 112.3187(5)(a) and (b), Florida Statutes (1993), provides that the information disclosed must include: (5) NATURE OF INFORMATION DISCLOSED.-The information disclosed under this section must include: (a) Any violation of suspected violation of...

...final summary judgment in favor of the Department of Corrections because Appellant failed to establish that she made disclosures protected under the Act. We find no error in this ruling and accordingly affirm the final summary judgment. 1 §§ 112.3187 – 112.31895, Fla....

...Id. The Whistle-blower’s Act prohibits state agencies from taking retaliatory action against employees who report violations of law or disclose information alleging certain conduct on the part of an 3 agency, public officer, or employee. § 112.3187(4), Fla. Stat. The Act authorizes an employee who suffers an adverse employment action as a result of making a protected disclosure to file a civil action against the agency. § 112.3187(8), Fla....

...(b) Any act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, suspected or actual Medicaid fraud or abuse, or gross neglect of duty committed by an employee or agent of an agency or independent contractor. § 112.3187(5), Fla....

...ess the trial court’s alternative determination that summary judgment in favor of the Department was also warranted because the undisputed evidence showed that the Department’s reasons for firing Appellant were legitimate and not pretextual. See § 112.3187(10), Fla Stat....

...The School Board of Hillsborough County, Florida (the School Board), petitions for a writ of certiorari to review the trial court's order denying its motion to dismiss Ms. Woodford's complaint alleging whistle-blower retaliation in violation of section 112.3187, Florida Statutes (2017) (the Whistle-blower's Act)....

...more than a simple legal error." See Fassy, 884 So. 2d at 363–64. "There must be a violation of a clearly established principle of law resulting in a miscarriage of justice." Id. (citing Combs v. State, 436 So. 2d 93, 95–96 (Fla. 1983)). Section 112.3187(8) identifies three classes of persons who may file a whistle-blower complaint. See § 112.3187(8)(a)–(c). Because Ms. Woodford was the Chief Officer of Human Resources for the School Board, she falls within section 112.3187(8)(b), which applies to local public employees....

...term "local governmental authority" includes any regional, county, or municipal entity, special district, community college district, or school district or any political subdivision of any of the foregoing. § 112.3187(8)(b) (emphasis added)....

...cover whistle-blower complaints. We agree. A contract that enables the School Board to have DOAH conduct hearings to resolve whistle-blower complaints is a contract to conduct hearings "under this section." The contract is sufficient as long as hearings under section 112.3187(8)(b) are among the administrative matters that DOAH would be contractually required to adjudicate at the request of a local governmental authority....

...ble of applying to whistle-blower complaints than to any other administrative dispute. As such, the School -7- Board's contract with DOAH provides an administrative remedy that must be exhausted under section 112.3187(8)(b). The trial court's stated rationale for denying the School Board's motion to dismiss was based on lack of notice: "[T]he School Board has no policy or practice for dealing with whistleblower complaints administ...

...2016) (quoting Kaklamanos, 843 So. 2d at 889). Mere disagreement with a lower court's interpretation of the law "is an improper basis for common law certiorari." Ivey v. Allstate Ins. Co., 774 So. 2d 679, 683 (Fla. 2000). In the instant case, section 112.3187(8)(b), Florida Statutes (2017), provides in pertinent part: [A]ny local public employee protected by this section may file a complaint with the appropriate local governmental authority,...

...linary Review Board. The Department subsequently terminated Williams from the Department’s Auxiliary/Reserve Officer Program. Williams then filed this civil rights Complaint against the City of Miami pursuant to the Florida Whistle-blower’s Act, section 112.3187, Florida Statutes (2009), without first filing his grievance with the Civil Service Board....

...first exhaust his administrative remedies under that statute. The trial court agreed and granted the City’s motion. Prior to filing suit in circuit court under the Whistle-blower’s Act, a plaintiff must first exhaust all administrative remedies. § 112.3187(8)(b), Fla. Stat. (2009). The Civil Service Board meets the requirement of section 112.3187(8)(b) as the panel before which the administrative hearing must be conducted....

...4th DCA 1997), we agreed with the third district's interpretation of that statute in De Armas v. Ross, 680 So.2d 1130 (Fla. 3d DCA 1996). In De Armas, the issue was whether individual liability existed under Florida's public sector whistleblower act, section 112.3187 (1993). As the court explained, the pertinent part of the 1993 text of section 112.3187 was: (2) LEGISLATIVE INTENT....

...y state, regional, county, local, or municipal government entity, whether executive, judicial, or legislative; any official, officer, department, division, bureau, commission, authority, or political subdivision therein; .... Id. at 1130-31 (quoting § 112.3187(2), (3)) (emphasis in original)....

...Those remedies included reinstatement to the same position, reinstatement of fringe benefits and seniority rights, compensation for lost wages and benefits, issuance of an injunction, and temporary reinstatement pending final resolution of the complaint. Id. at 1131 n. 2 (quoting § 112.3187(9))....

...De Armas held that since such remedies could be provided only by an agency, the legislature did not intend to impose individual liability upon an agency's officers and officials. Id. Section 448.101(3)'s definition of an "employer" is more precisely and narrowly drawn than the section 112.3187(3)(a) definition of "agency." Thus, the private sector whistleblower act is even less susceptible to an interpretation imposing individual liability upon the corporate officers of an employer than its public sector counterpart. The remedies available under section 448.103(2) are similar to those available under section 112.3187(9), leading to the conclusion that the private sector whistleblower act is directed at the employer, not at the individuals who act on behalf of the employer....

...of Children & Families v. Shapiro, 68 So.3d 298, 305-06 (Fla.Dist.Ct.App.2011). The Florida Whistleblower Act requires a civil action to be brought “within 180 days after the action prohibited by [the Florida Whistle-blower Act].” Fla. Stat. § 112.3187 (8)(b). Plaintiffs Hostile Complaint is a protected activity because it sets forth information pertaining to the BHPD’s alleged personnel gross management, malfeasance, and gross neglect of duty. See § 112.3187(5)(b)....

...SCALES, J. Appellant Miguel V. Perez Escalona worked as an engineer and project coordinator for Appellee City of Miami Beach. After the City terminated his employment, Perez Escalona sued the City under Florida’s Whistle-blower’s Act, section 112.3187 of the Florida Statutes....

...construction project for which he served as project coordinator. The trial court entered judgment on the pleadings in favor of the City, holding that the pleadings conclusively established that Perez Escalona had failed to report his complaints in compliance with section 112.3187(6). This provision requires that, for his or her complaint to be actionable, a whistleblower must have notified either the City Manager, as chief executive officer of the City, or another “appropriate local official” of the City. § 112.3187(6), Fla....

...have to establish as a matter of law that none of the three engineers who received Perez Escalona’s emailed report was an “appropriate local official” (i.e., one authorized to receive, investigate and process a whistleblower’s complaint) under section 112.3187(6)....

...JJ. ROTHENBERG, J. Victor Igwe (“Igwe”) appeals the trial court’s entry of final summary judgment in favor of the City of Miami (“the City”), disposing of Igwe’s retaliatory discharge claim, which was brought pursuant to section 112.3187, Florida Statutes (2011) (“the Whistle-blower’s Act” or “the Act”), based on the trial court’s conclusion that Florida whistle-blower protection does not extend to individuals who report misconduct as a part of their job description....

...declining to renew his contract in response to his issuance of the written reports and cooperation and testimony before the SEC.1 The City moved for summary 1We do not express an opinion regarding whether Igwe suffered retaliatory action pursuant to section 112.3187(4), as that issue has yet to be decided by the court below. 3 judgment, arguing that (1) Florida’s whistle-blower protection only applies to those who make voluntary disclosures of miscon...

...or unreasonable results.”). I. Florida’s Whistle-blower’s Act Before we address the particular arguments raised by the City, we briefly discuss the statutory context within which the parties’ disputes appear. We begin with the construction of section 112.3187(2), which sets forth the Florida Legislature’s express intent when passing the Act: It is the intent of the Legislature to prevent agencies or independent contractors from taking retaliatory action against an employee...

...person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee. § 112.3187(2) (emphasis added). The Act defines “agency” as “any state, regional, county, local, or municipal government entity, whether executive, judicial, or legislative; any official, officer, department, division, bureau, commission, authority, or political subdivision therein; or any public school, community college, or state university.” § 112.3187(3)(a)....

...The Act defines “employee” as “a person who performs services 6 for, and under the control and direction of, or contracts with, an agency or independent contractor for wages or other remuneration.” § 112.3187(3)(b)....

...ion against Igwe, who falls under both the definition of “employee” and the plain meaning of “any person,” so long as the additional express requirements set forth in the Act are met. Two such requirements, which are set forth in sections 112.3187(6) and 112.3187(7), are in dispute in the instant case. We address each section in turn. II. Igwe’s disclosures were made to the correct entity under the Act Section 112.3187(6) identifies to whom a disclosure must be made: TO WHOM INFORMATION DISCLOSED.—The information disclosed under this section must be disclosed to any agency or federal government entity having the authority to in...

...Charter, § 14 (emphasis added). Consequently, it is clear that the City Commission is an “appropriate local official” regarding the City’s alleged misconduct. We therefore find as a matter of law that Igwe’s disclosures to the City Commission satisfy the requirements of section 112.3187(6). Additionally, there is nothing in the statute to suggest that Igwe was thereafter prohibited from discussing his disclosures when subpoenaed by the SEC. In fact, as our analysis of section 112.3187(7) reveals, the Act expressly protects such disclosures. III. Igwe is a protected person under the Act 8  Section 112.3187(7) lists precisely who may receive protection under the Act: EMPLOYEES AND PERSONS PROTECTED....

...3d at 421-22 (holding that an audit associate, who qualified for protection under the Act because she was 9 requested to participate in an investigation, did not need to make her disclosures in writing or on her own initiative). Thus, Igwe is a protected person under section 112.3187(7), as his disclosures to the City Commission are covered under the category “employees who file any written complaint to their supervisory officials,” while his subsequent disclosures to the SEC are covered under the category...

...any agency or federal government entity.” The City argues, and the trial court found, that the Act does not protect those who make disclosures as a part of their job description. Specifically, the City argues that: (1) the words “on their own initiative” in section 112.3187(7) means that any disclosures under the Act must be voluntarily offered; (2) the words “on their own initiative” apply to each of the five categories of protected persons under section 112.3187(7); (3) disclosures made while performing the duties of one’s job are not voluntary; and therefore, (4) Igwe’s disclosures were not protected by the Act, as he was required to make the disclosures in the course of doing his job as the IAG....

...ny person” who properly 10 discloses “improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee.” § 112.3187(2) (emphasis added)....

...stated that the Act is a remedial statute, and should be liberally construed in favor of granting access to protection from retaliatory actions. Irven v. Dep’t of Health & Rehabilitative Servs., 790 So. 2d 403, 406 (Fla. 2001) (stating that “[section 112.3187(2)] could not have been more broadly worded”); Martin Cnty....

...Contrary to these authorities, the City’s interpretation of “on their own initiative” as a prerequisite rather than as an option, would be a very strict and narrow reading of the Act, which would foreclose the possibility of whistle-blower protection for a large segment of the population, and be in contravention of section 112.3187(2), which affords statutory protection against retaliatory action against “any person” who properly discloses the improper conduct to the appropriate agency. For example, the City’s interpretation would foreclose the p...

...It also contradicts the requirement that the remedial statute be liberally construed to favor access to the statutory remedy, and significantly limits the number of people who may seek whistle-blower protection after disclosing governmental misconduct. We therefore reject the City’s interpretation and hold that section 112.3187(7) protects those who make disclosures regarding “improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee,” even if they do so in the course of carrying out their job duties. 12  CONCLUSION Based on our finding that section 112.3187(7), when read in pari materia with the rest of the statute, protects persons such as Igwe, whose job it was to make disclosures regarding improper governmental conduct, we conclude that the trial court erred by entering final summary judgment in favor of the City....

...n of the False Claims Act, 31 U.S.C. § 3730 (h), against the School Board (Count 8); Violation of the Florida False Claims Act, Fla. Stat. § 68.088 , against the School Board (Count 9); Violation of Florida’s Public Whistleblower Act, Fla. Stat. § 112.3187 (8)(c), against the School Board (Count 10); Defamation against Defendant Gardner (Count 11); and Defamation against Defendant Flores (Count 12)....

...elf, provide a basis for a cause of action. Instead,' the Anti-Retaliation Provision alerts employees that if they were discriminated against in violation of the Provision, they have a cause of action under Florida’s Whistle-blower Act, Fla. Stat. § 112.3187 ....

...der the Anti-Retaliation Provision, must be dismissed as duplicative. E. McShea’s Florida’s Whistleblower Act Count Must Be Dismissed McShea asserts Count 10 solely against the School Board, alleging a violation of Florida’s Whistleblower Act, § 112.3187. (Doc. # 2 at 21-23). The School Board now seeks dismissal of Count 10 on the basis that McShea failed to comply with the “presuit requirements” set out in § 112.3187. (Doc. # 17 at 21-23). In support, the School Board first asserts that under § 112.3187(6), McShea was required to allege that she “was asked to participate *1346 in an adverse action” or that she “initiated a complaint through a whistle-blower’s hotline,” but failed to do so....

...# 17 at 21-22). Next, the School Board argues that MeShea failed to exhaust her administrative remedies. (Doc. # 17 at 22). Finally, the School Board disputes that it ever disciplined or took any adverse employment action towards MeShea, as required by § 112.3187(4)....

...Florida’s Whistleblower Act was enacted, among other reasons, to prevent public employers from taking retaliatory action against employees who report — to an appropriate agency — the mismanagement, misfeasance, or malfeasance of public funds on the part of their employer. § 112.3187(1)....

...To engage in such an activity, MeShea must have disclosed information about an act of mismanagement,, malfeasance, or misfeasance of public funds to a chief executive officer, which, in the school district context, is the school district’s superintendent. § 112.3187(5)-(7)....

...1st DCA 1987) (holding that PERC was required to dismiss employees civil service appeal after employee had previously sought relief through a grievance procedure). That the requirement to elect a remedy also applies to whistleblower actions is made clear in section 112.3187, Florida Statutes (2003), the Florida Whistleblowers Act. Subsection (11) of that statute states: *423 Sections 112.3187-112.31895 do 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; however, the election of remedies in s. 447.401 also applies to whistle-blower actions. (emphasis added). PERC has previously decided two cases in which it applied section 112.3187(11) to bar a whistle-blower complaint in circumstances indistinguishable from those here....

...ssing his whistle- *1084 blower complaint filed against appellee, the Florida Department of Health. The Commission ruled it lacked jurisdiction to investigate the claim under Florida’s “Whistle-blower’s Act” (“the Act”) found in sections 112.3187 through 112.31895, Florida Statutes (2011)....

...iled to satisfy the complaint requirements contained in section 112.31895(l)(a) of the Florida Statutes,” id. at 1255 , by alleging only conclusory allegations of retaliation based on appellant’s alleged disclosure, contrary to the provisions of section 112.3187(4), Florida Statutes (2011)....

...Moreover, as relates to appellant’s “disclosure,” we note the complaint fails to demonstrate that the “supervisor,” to whom appellant disclosed the alleged unlawful behavior, possessed the necessary authority to investigate the matter, as mandated by section 112.3187(6)....

...On September 15, 2016, King and OHC filed their Complaint against the Board of County Commissioners for Polk County, as well as Freeman, Baker-Buford, and Thomas in their individual capacities, alleging that they violated her First Amendment rights and Florida’s Whistleblower Act for public employees, Section 112.3187, Fla....

...al and specific danger to the public’s health, safety, or welfare” or “[a]ny act or suspected act of gross mismanagement, malfeasance, [or] misfeasance ... committed by an employee or agent of an agency or independent contractor.” Fla. Stat. § 112.3187 (5)....

...11-22018-CIV, 2012 WL 4764592 , at *10 (S.D. Fla. Oct. 7, 2012)(citations omitted). For disclosures concerning a local governmental entity like the County, “the information must be disclosed to a chief executive officer” or “other appropriate local official.” Fla. Stat. § 112.3187 (6). Additionally, the disclosure of a violation or suspected violation must be made in a signed written complaint, if disclosed on the employee’s own initiative or to the employee’s “supervisory officials.” Fla. Stat. § 112.3187 (7)....

...An email *1337 qualifies as a signed writing. Scheirich v. Town of Hillsboro Beach, No. 07-61630-CIV, 2008 WL 186621 , at *14 (S.D. Fla. Jan. 18, 2008)(stating “[t]hese alleged complaints in the form of a report, letter, and email messages meet the writing requirement of § 112.3187(7)”)....

...Finally, it is not clear on the face of the Amended Complaint whether King and OHC’s claims are time-barred. Under the whistleblower statute, a claim under Florida’s whistleblower statute must be brought within 180 days of the violation. Fla. Stat. § 112.3187 (8)....

...� Gough v. State ex rel. Sauls, 55 So.2d 111 , 116 (Fla. *421 1951) (citing Armistead v. State ex rel. Smyth, 41 So.2d 879, 882 (Fla. 1949)); Lindamood v. Office of State Attorney, 731 So.2d 829, 833 (Fla. 5th DCA 1999) (“The statutory language of § 112.3187 [of the Florida Whistleblower Act) ] is not ambiguous and the plain meaning of the statute must prevail.”); Metropolitan Dade County v....

...from taking retaliatory action against any person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee.” § 112.3187(2), Fla....

...case, are (1) disclosures made in a “written and signed complaint” upon the employee’s own initiative and (2) disclosures made when the employee is “requested to participate in an investigation, hearing, or other inquiry conducted by any agency or federal government entity.” § 112.3187(7), Fla....

...nagement, malfeasance, misfeasance, gross waste of public funds, suspected or actual Medicaid fraud or abuse, or gross neglect of duty committed by an employee or agent of an agency or independent contractor. § 112.3187(5), Fla....

...investigation and mentioned answering questions, but the complaint failed to allege what was actually disclosed. Merely disclosing that he authored the letter is not a disclosure concerning a violation of law or act of gross mismanagement or other disclosure listed above. § 112.3187(5), Fla....

PER CURIAM. Because we conclude that appellant’s internal communications do not rise to the level necessary under Florida’s Whistle Blower’s Act, section 112.3187(5), Florida Statutes (Supp.1992), and that the Lake County personnel to whom appellant expressed his concerns are not within the scope of persons disclosure to whom is protected by section 112.3187(6), we affirm....

...2 U.S.C. § 12101 , and the Florida Civil Rights Act, Fla. Stat. § 760 (Count One), and that the District retaliated against him for reporting and disclosing violations of state law, in violation of Florida's Public Whistle-blower's Act, Fla. Stat. § 112.3187 (Count Two)....

...nt government agencies from taking retaliatory action against employees who report "government wrongdoing to the appropriate officials." Burden v. City of Opa Locka , No. 11-22018-CIV, 2012 WL 4764592 , *9 (S.D. Fla. Oct. 7, 2012) (citing Fla. Stat. § 112.3187 (2) ). "The Act sets forth several specific requirements regarding the types of disclosures protected, to whom those disclosures must be made, *1303 who is protected, and the manner in which a remedy must be sought." 17 Id. (citing Fla. Stat. § 112.3187 (5) - (8) )....

...ct of gross mismanagement, malfeasance, [or] misfeasance...committed by an employee or agent of a [public] agency or independent contractor," when the employee discloses that information to the agency or entity as required by the statute. Fla. Stat. § 112.3187 (5)(b) and (7). It is an affirmative defense "that the adverse action was predicated upon grounds other than, and would have been taken absent," the employee's protected activity. Fla. Stat. § 112.3187 (10)....

...on, the Court rejects them under the sham affidavit doctrine. Van T. Junkins , 736 F.2d 656 ; Lane , 782 F.2d 1526 . Among these provisions, the statute requires the exhaustion of certain administrative remedies before filing a complaint. Fla. Stat. § 112.3187 (8). O'Neill complied with these provisions. For example, O'Neill makes no argument as to why disclosures to anyone other than the Inspector General would be covered by the Act. See Fla. Stat. § 112.3187 (6) (describing to whom disclosures must be made)....

WARNER, J. This appeal arises from the denial of appellant’s motion for temporary reinstatement to her job with appellee, the West Palm Beach Housing Authority. She claimed the entitlement to reinstatement pending trial, pursuant to section 112.3187(9)(f), Florida Statutes (2000), as part of her remedies under the Whistle-Blower’s Act....

...According to appellant, she told the director that the position was “not really her,” but she would nevertheless accept the job if assigned that position. Appellant claims she was not given the position and was later terminated by the executive director. Appellant moved for reinstatement pursuant to section 112.3187(9)(f), which provides: Temporary reinstatement to the employee’s former position or to an equivalent position, pending the final outcome on the complaint, if an employee complains of being discharged in retaliation for a protected...

...Immediately after the evidence, the trial court denied reinstatement without further comment. The statute requires temporary reinstatement pending trial of a Whistle Blower’s suit when an employee has been discharged in retaliation for a protected disclosure. See § 112.3187(9)(f), Fla....

...he First and Fourteenth Amendments and rendered the defendants amenable to suit under 42 U.S.C. § 1983 (1994).3 Macuba’s complaint also alleged that the defendants were amenable to suit under the Florida Whistle-blower’s Act, Fla. Stat. Ann. § 112.3187 (West 1992).4 In their answers, the defendants denied liability....

.... adverse personnel action against an employee for disclosing information pursuant to the provision of this section” and also prohibits “tak[ing] any adverse action that affects the rights or interests of a person in retaliation for the person’s disclosure of information under this section.” Fla. Stat. Ann. § 112.3187(4)(a), (b)....

...The statute provides that an aggrieved person “may, after exhausting all available contractual or administrative remedies, bring a civil action in any court of competent jurisdiction within 180 days after the action prohibited by this section.” Id. § 112.3187(8)(c). 5 The county also moved for summary judgment, contending that both Macuba’s constitutional claim and his pendent state law claim were meritless....

...The defendants' conduct, the complaint asserts, infringed Macuba's rights under the First and Fourteenth Amendments and rendered the defendants amenable to suit under 42 U.S.C. § 1983 (1994).3 Macuba's complaint also alleged that the defendants were amenable to suit under the Florida Whistle-blower's Act, Fla. Stat. Ann. § 112.3187 (West 1992).4 3 The free speech protections of the First Amendment have been made applicable against the states by incorporation into the Fourteenth Amendment....

...of Registrars, 981 F.2d 1185, 1189 (11th Cir.1993) ("[D]enial of a claim of absolute immunity is an immediately prohibits "tak[ing] any adverse action that affects the rights or interests of a person in retaliation for the person's disclosure of information under this section." Fla. Stat. Ann. § 112.3187(4)(a), (b)....

...The statute provides that an aggrieved person "may, after exhausting all available contractual or administrative remedies, bring a civil action in any court of competent jurisdiction within 180 days after the action prohibited by this section." Id. § 112.3187(8)(c). 5 The county also moved for summary judgment, contending that both Macuba's constitutional claim and his pendent state law claim were meritless....

... Terry R. Henley (“Henley”) appeals from an order granting the City of North Miami’s (“City”) motion to dismiss his third amended complaint with prejudice for failure to state a cause of action under Florida’s Whistle- Blower’s Act, section 112.3187, Florida Statutes (“Whistle-blower’s Act” or “Act”)....

...sclose misconduct on the part of public officials.” State, Dep’t of Transp. v. Fla. Comm’n on Human Rels., 842 So. 2d 253, 256 (Fla. 1st DCA 2003); see also Shaw v. Town of Lake Clarke Shores, 174 So. 3d 444, 445 (Fla. 4th DCA 2015) (citing § 112.3187(2), Fla. Stat. (2011))1. The Whistle-blower’s Act “is a remedial 1 Section 112.3187(2) currently provides in relevant part as follows: LEGISLATIVE INTENT.—It is the intent of the Legislature to prevent agencies ....

...a protected disclosure); (2) the plaintiff suffered an adverse employment action; and (3) the two events are not wholly unrelated.” Shaw, 174 So. 3d at 445-46 (quoting Fla. Dep’t of Child. & Fams. v. Shapiro, 68 So. 3d 298, 305-06 (Fla. 4th DCA 2011)). In addition, section 112.3187(5) provides: (5) NATURE OF INFORMATION DISCLOSED.—The information disclosed under this section must include: (a) Any violation or suspected violation of any federal, state, or local law, rule, or regu...

...cy or independent contractor. As Henley’s alleged disclosures involved a “local governmental entity,” “the information must be disclosed to a chief executive officer as defined in s. 447.203(9) or other appropriate local official.” § 112.3187(6). As relevant here, the protected disclosure requires an employee’s “written and signed complaint.” § 112.3187(7); see also Walker v....

...cooperation with the SEC and FBI were also part of his duties as IAG. Id. This Court reversed the order entering final summary judgment in favor of the City of Miami, concluding Igwe was a protected person under the Whistle-blower’s Act. This Court recognized that under section 112.3187(7), there are five independent categories of protected persons, and that Igwe is a protected person under two of the categories....

...ficials,” and second, his disclosures to the SEC fell under the category of persons ‘who are requested to participate in an investigation, hearing, or other inquiry conducted by any agency or federal government entity.” Id. at 155 (quoting § 112.3187(7)). This Court concluded that “section 112.3187(7) protects those who make disclosures regarding ‘improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the party of any agency, public officer, or employee,’ even if they do so in the course of carrying out their job duties.” Id....

...The alleged e-mails and the text message, as described by Henley, do not identify any violation of law or any act of suspected gross mismanagement, misfeasance, etc. Thus, Henley’s written disclosures do not constitute protected activity under the Whistle-blower’s Act. See § 112.3187(5)(a)- (b); see also Pickford v....

...did not involve complaints about school board’s violations of the law, and did not indicate that there was any risk to public health, safety, or welfare, and the complaints occurred after supervisor had already decided to terminate employee). As stated above, under section 112.3187(7), the protected disclosure(s) must be in the form of a signed writing....

ROWE, J., concur. . The Act is codified at section 112.3187-31895, Florida Statutes (2002). . The Commission

...The South Broward Hospital District d/b/a Memorial Healthcare System (“the District”) petitions for certiorari review of the denial of its motion for summary judgment on plaintiff Kimarie Stratos’ claim under the Florida Whistleblower’s Act. § 112.3187, Fla....

...(2018). As in School Board of Hillsborough County v. Woodford, 270 So. 3d 481 (Fla. 2d DCA 2019), we grant the petition because no genuine disputed issue of fact exists that Stratos failed to exhaust an administrative remedy before filing suit as required by section 112.3187(8)(b), Florida Statutes (2018). The District had a contract with the Division of Administrative Hearings (DOAH) to handle Whistleblower Act complaints under section 112.3187(8)(b), and Stratos never exhausted that remedy before filing suit. Pursuant to the statute, Stratos cannot bring a civil action under the Whistleblower Act, and the District is entitled to summary judgment on this claim....

...ew her performance and voting (4 to 2) at a September 20, 2018 public meeting to terminate her employment. The District moved for summary judgment arguing that Stratos failed to exhaust an administrative remedy before filing suit, as required by section 112.3187(8)(b)....

...3d 481, Stratos’ failure to exhaust this administrative remedy precluded her from bringing a civil action. The trial court denied the motion, and this petition timely followed. 2 Discussion We have certiorari jurisdiction to review whether the presuit requirements of section 112.3187(8)(b) have been met. Bradshaw v. Bott, 205 So. 3d 815, 817-18 (Fla. 4th DCA 2016). Section 112.3187(8)(b) provides: Within 60 days after the action prohibited by this section, any local public employee protected by this section may file a 1 In case numbers 4D2023-0441 and 4D2023-0444, which are consolidated for pane...

..., if that authority has established by ordinance an administrative procedure for handling such complaints or has contracted with the Division of Administrative Hearings under s. 120.65 to conduct hearings under this section. § 112.3187(8)(b), Fla. Stat. (2018) (emphasis added). There is no dispute that the District had contracted with DOAH for hearings under this section. 3 Section 112.3187(8)(b) then provides: The administrative procedure created by ordinance must provide for the complaint to be heard by a panel of impartial persons appointed by the appropriate local governmental authority....

...the local governmental authority. Within 180 days after entry of a final decision by the local governmental authority, the public employee who filed the complaint may bring a civil action in any court of competent jurisdiction. § 112.3187(8)(b), Fla....

...There, a school board employee brought a Whistleblower’s Act claim against the school board, alleging that the board fired the employee in retaliation for complaints about unlawful and unethical practices. The school board moved to dismiss under section 112.3187(8)(b) for failure to exhaust administrative remedies. The school board attached a copy of its contract with DOAH. The trial court denied the motion to dismiss, reasoning that 3 The District’s DOAH contract begins with a clause that provides: “WHEREAS, Section 112.3187(8)(b), Florida Statutes, authorizes local governmental authorities such as the DISTRICT to contract with DOAH to conduct hearing on complaints filed pursuant to Section 112.3187, Florida Statutes, by local public employees.” 3 the exhaustion requirement did not apply because the school board had not implemented a procedure/practice for handling Whistleblower’s Act...

...employee any notice of such a procedure. The Second District granted certiorari and quashed the order. The Second District concluded that the school board’s contract with DOAH was sufficient to require exhaustion and that the DOAH contract did not have to specifically reference section 112.3187....

...the trial court to grant summary judgment in Defendants’ favor on these claims. Background In the underlying case, Plaintiff, Kimarie Stratos, has sued the District for alleged violations of Florida’s Whistleblower’s Act. § 112.3187, Fla. Stat....

violations of Florida’s Whistleblower’s Act. § 112.3187, Fla. Stat. (2018). Stratos formerly served

...Appellant also sent a written complaint to the chairman of the Hernando County School Board ("the School Board"), asserting that the superintendent's actions violated certain statutes and educators' code of ethics provisions, and that the information set forth in his *1119 letter was disclosed pursuant to section 112.3187(5), Florida Statutes -a provision within Florida's Whistle-blower's Act ( sections 112.3187 - 112.31895, Florida Statutes (2013) )....

...r denying same. In its order, the trial court made certain factual findings to support its conclusion that Appellant had failed to establish: 1) that the information disclosed by Appellant to the School Board was a protected disclosure as defined in section 112.3187(5) ; 1 and 2) that he had been "discharged." Appellant sought certiorari review of the order denying his motion for temporary relief....

...First, we did not necessarily deny the petition for certiorari on the ground that Appellant had failed to establish a protected disclosure. We could have denied the petition on the ground that Appellant had failed to show that he had been "discharged"-a requirement to obtain temporary reinstatement under section 112.3187(9)(f)....

...court concluded that application of the law of the case doctrine would render Appellant's proposed amendment futile. On remand, the trial court is directed to grant Appellant's motion to amend. REVERSED and REMANDED. BERGER and LAMBERT, JJ., concur. Section 112.3187(5) provides: The information disclosed under this section must include: (a) Any violation or suspected violation of any federal, state, or local law, rule, or regulation committed by an employee or agent of an agency or independent c...

...contractor. In contrast to the requirement of a party seeking temporary reinstatement under Florida's Whistle-blower's Act to establish a "discharge," a party can prevail on a whistle-blower's claim at trial by proving an "adverse personnel action." Section 112.3187(3)(c) defines "adverse personnel action" to mean: the discharge, suspension, transfer, or demotion of any employee or the withholding of bonuses, the reduction in salary or benefits, or any other adverse action taken against an emplo...

...Appellant also sent a written complaint to the chairman of the Hernando County School Board ("the School Board"), asserting that the superintendent's actions violated certain statutes and educators' code of ethics provisions, and that the information set forth in his *1119 letter was disclosed pursuant to section 112.3187(5), Florida Statutes -a provision within Florida's Whistle-blower's Act ( sections 112.3187 - 112.31895, Florida Statutes (2013) )....

...r denying same. In its order, the trial court made certain factual findings to support its conclusion that Appellant had failed to establish: 1) that the information disclosed by Appellant to the School Board was a protected disclosure as defined in section 112.3187(5) ; 1 and 2) that he had been "discharged." Appellant sought certiorari review of the order denying his motion for temporary relief....

...First, we did not necessarily deny the petition for certiorari on the ground that Appellant had failed to establish a protected disclosure. We could have denied the petition on the ground that Appellant had failed to show that he had been "discharged"-a requirement to obtain temporary reinstatement under section 112.3187(9)(f)....

...court concluded that application of the law of the case doctrine would render Appellant's proposed amendment futile. On remand, the trial court is directed to grant Appellant's motion to amend. REVERSED and REMANDED. BERGER and LAMBERT, JJ., concur. Section 112.3187(5) provides: The information disclosed under this section must include: (a) Any violation or suspected violation of any federal, state, or local law, rule, or regulation committed by an employee or agent of an agency or independent c...

...contractor. In contrast to the requirement of a party seeking temporary reinstatement under Florida's Whistle-blower's Act to establish a "discharge," a party can prevail on a whistle-blower's claim at trial by proving an "adverse personnel action." Section 112.3187(3)(c) defines "adverse personnel action" to mean: the discharge, suspension, transfer, or demotion of any employee or the withholding of bonuses, the reduction in salary or benefits, or any other adverse action taken against an emplo...

...(2) (emphasis added). And Florida’s public whistleblower’s act specifically provides that the nature of the information disclosed must include “[a]ny violation or suspected violation of any federal, state, or local law, rule, or regulation.” § 112.3187(5)(a), Fla....

...us to extend or add words to the statute that were not placed there by the Legislature. Had the Legislature wished to provide the same whistleblower protection for private sector employees who disclose suspected violations of law as it did for public sector employees under section 112.3187(5)(a), it certainly could have done so....

...taking retaliatory action against an employee who reports to an appropriate agency violations of law on the part of a public employer or independent contractor that create a substantial and specific danger to the public’s health, safety, or welfare.” § 112.3187(2), Fla....

...Florida Dep’t of Juvenile Justice, 104 So. 3d 1253, 1254 (Fla. 1st DCA 2013). The statute defines an employee as a “person who performs services for, and under the control and direction of, or contracts with, an agency or independent contractor for wages or other remuneration.” § 112.3187(3)(b), Fla. Stat. (2018). And it prohibits an agency from dismissing, disciplining, or taking any other adverse personnel action against an employee. § 112.3187(4), Fla....

...Bradford alleged that her professors prohibited her from attending classes and subjected her to a different grading standard and a hostile classroom environment. But none of these actions were “adverse personnel actions” within the meaning of the whistleblower statute. § 112.3187(4), Fla....

...s complaint. The Department argues that Appellant’s amended complaint was untimely and the Commission lacked the authority to investigate it, because the sixty-day right-to- amend period does not extend the sixty-day filing deadline required by section 112.3187, Florida Statutes. Our “review of an order of an administrative agency begins ‘with the usual recognition of deference to an agency’s interpretation of a statute it is charged to administer.’” Big Bend Hospice, Inc....

...remedy any technical deficiencies in their otherwise potentially valid complaints,” and provides the Commission with “the information it requires to fulfill its duties under the Act.” Id. 4  Section 112.3187(8)(a), Florida Statutes (2014), states that any employee of a state agency “who is discharged, disciplined, or subjected to other adverse personnel action, or denied employment, because he or she engaged in an activity protected...

...The time period between January 18, 2015 and March 9, 2015, is only fifty days, which is clearly within the sixty-day time period in which to file timely complaints. The statutes governing the Whistle-blower’s Act, sections 112.31895 and 112.3187, do not mention amendments to complaints. They specify only that a complaint must be made within sixty days. The Department cites to only section 112.3187, without pointing to a subsection, for support that the amendment period does not extend the sixty-day period to file a complaint....

...We conclude that the answer is yes, and reverse for further proceedings. Ms. Allen was employed by FIU. She complained about certain financial practices she observed. In December 2001, she filed an administrative complaint with the Commission under Florida's public sector Whistle-Blower's Act (the "Act"). § 112.3187(1), (7), Fla....

...to entertain a whistle-blower administrative complaint. FIU maintained that instead of filing an administrative complaint with the Commission, Ms. Allen was required to file a civil action within 180 days after the adverse personnel action. See id. § 112.3187(8)(a)....

...The trial court entered summary judgment in favor of FIU, and Ms. Allen has appealed. [1] Both sides agree that FIU is covered by the Act. That is so because the Act covers public agencies, and under paragraph (3)(a) of the statute, "agency" specifically includes a state university. § 112.3187(3)(a), Fla. Stat. (2001). However, subsection (8) of the Act specifies different remedies for employees of *1288 different types of agencies. Id. § 112.3187(8)....

...Paragraph (8)(c) sets forth the remedies for everyone else. Ms. Allen took the position that she was an employee of a state agency. Under the statute, a current or discharged employee of a state agency may file an administrative complaint which is to be investigated by the Commission. Id. § 112.3187(8)(a)....

...mponent state universities. It follows that the universities are included within the definition of "state agency" for purposes of chapter 216. That being so, FIU is within the definition of "state agency" under the remedies provision of the Act. Id. § 112.3187(8)(a)....

...Upon receipt of notice from the Florida Commission on Human Relations of termination of the investigation, the complainant may elect to pursue the administrative remedy available under s. 112.31895 or bring a civil action within 180 days after receipt of the notice. Id. § 112.3187(8)(a).

...Office of the State Attorney, Ninth Judicial Circuit of Florida, 731 So.2d 829, 831 n. 2 (Fla. 5th DCA 1999) (court declined to elevate form over substance in case where motion was titled as a motion for temporary injunction but substance concerned temporary reinstatement under section 112.3187, Florida Statutes)....

Per Curiam. The petition is denied. See Luster v. W. Palm Beach Hous. Auth., 801 So.2d 122, 123 (Fla. 4th DCA 2001) (holding that section 112.3187(9)(f), Florida Statutes, requires temporary reinstatement pending trial of a Whistle Blower’s suit only when an employee has been “discharged,” allegedly in retaliation for a protected disclosure, but also holding that where an...

...In January 2018, Hatfield was transferred to a comparable position, and she was fired in March 2018, when her new position was eliminated. Hatfield filed a complaint under the Whistle-blower’s Act and moved for temporary reinstatement pursuant to section 112.3187(9)(f), Florida Statutes (2018), pending the final outcome of her complaint....

...witnesses, and Hatfield may not have testified about any violations of law or other wrongdoing by NBHD officials. Hatfield maintained that a request by any agency for her to participate in an investigation is enough for protection under the act. See §112.3187(7), Fla....

...We address only one, finding it dispositive. She contends that, because she is prevented by section 905.27, Florida Statutes (2017), from disclosing her grand jury testimony, she does not have to reveal the “[n]ature of [the] information disclosed” pursuant to section 112.3187(5) for whistle-blower protection. The public sector Whistle-blower’s Act is intended to prevent retaliatory action against an employee who reports to an appropriate agency violations of law on the part of a public...

...person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee. § 112.3187(2), Fla. Stat. Section 112.3187(5) requires that the information disclosed “must include:” (a) Any violation or suspected violation of any federal, state, or local law, rule, or regulation committed by an employee or agent of an agency or ind...

...ient whistle-blower claim, based upon a request to participate in an investigation, where the complaint did not allege what was disclosed during the investigation and thus “failed to sufficiently allege that he engaged in a protected activity”). Section 112.3187 does not include an exception for grand jury proceedings, and the grand jury statute, section 905.27 cannot be used to create an exception that is contrary to the plain language in the whistle-blower statute. Without knowing the nature of any information Hatfield disclosed, she cannot show that she is entitled to mandatory temporary reinstatement under section 112.3187(9)(f). Because she has failed to show a clear departure from the essential requirements of law, we deny the petition. GERBER, C.J., WARNER and GROSS, JJ., concur. 3 ...

...ent Helen Grice, and Town Clerk Sherri Griffin (collectively, “Defendants”). He brought unlawful-retaliation claims against the Town of Sneads under the Florida Whistle-blower’s Act (“FWA”), see Fla. Stat. §§ 112.3187–.31895 (2002), the Family and Medical Leave Act (“FMLA”), see 29 U.S.C....

...were protected under the FWA “because most were oral (and not in a signed written complaint) and the ones that were in writing were not made to an appropriate local official and/or did not report the type of information described in” Florida Statute § 112.3187(5). And, as to the “whistleblower” letter, the district court explained that it was not protected “because it did not identify the substance of the suspected criminal conduct, there is no evidence that the...

...verse personnel action against an employee “who reports to an ap- propriate agency violations of law on the part of a public em- ployer . . . that create a substantial and specific danger to the pub- lic’s health, safety, or welfare.” Fla. Stat. § 112.3187(2); accord id. § 112.3187(4)(a) (“An agency or independent contractor shall not dismiss, discipline, or take any other adverse personnel action against an employee for disclosing information pursuant to the pro- visions of this section.”). Here, it is undisputed that McAlpin has established the second prong of his prima facie case, i.e., that he suffered an adverse employment action. See id. § 112.3187(3)(c) (stating that discharge of employment is an adverse personnel ac- tion under the FWA)....

...mation to be a “statutorily protected activity,” the burden is on the plaintiff to show that he disclosed (1) protected information (2) to an individual or entity identified in the statute (3) in a protected manner. See id. § 112.3187(5)–(7); Rice-Lamar, 853 So....

...of his speech that he claims was protected under the FWA. 1. Protected Information Whether the FPWA protections apply in a given case de- pends on the nature of the information disclosed. § 112.3187(5). USCA11 Case: 20-13278 Document: 42-1 Date Filed: 03/03/2023 Page: 22 of 35 22 Opinion of the Court 20-13278 Both the text and structure of the FWA make clear that protected information is narrow in scope. The nature of the information dis- closed “must include” the content enumerated in either Florida Statute § 112.3187(5)(a) or (b): (a) Any violation or suspected violation of any fed- eral, state, or local law, rule, or regulation committed by an employee or agent of an agency or independent contra...

...sections (5)(a) and (5)(b), the FWA’s broad wording provides for something like a catch-all provision that includes “any other abuse” as information that would be protected under the law. McAlpin bases his argument on Florida Statute § 112.3187(2), claiming that the FWA protects the disclosure of “improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee.” (em- phasis added)....

...As the Town of Sneads correctly point out, the phrase “any other abuse” derives from a subsection clearly titled “Legislative Intent,” not from the subsection expressly delineating the statutorily provided requirements for information covered by the statute. Compare Fla. Stat. § 112.3187(2) (“It is fur- ther the intent of the Legislature ....

...to prevent agencies or inde- pendent contractors from taking retaliatory action against any per- son who discloses information . . . alleging improper use of govern- mental office, gross waste of funds, or any other abuse . . . .”), with id. § 112.3187(5) (“The information disclosed under this section must include ....

...not permit us to disregard this legislative mandate and substitute “may include” in its place. And McAlpin has not identified case law from Florida courts reading subsection (2) as a category of pro- tected information under subsection (5) of section 112.3187. Accordingly, based on the unambiguous language and struc- ture of the statute, McAlpin’s disclosures constitute “statutorily protected activity” only if they satisfy either of the two enumerated requirements of subsection (5)....

...implicate either “[a]ny violation or suspected violation of any fed- eral, state, or local law, rule, or regulation . . . which creates and presents a substantial and specific danger to the public’s health, safety or welfare,” id. § 112.3187(5)(a) (emphasis added), or “[a]ny act or suspected act of gross mismanagement, malfeasance, misfea- sance, gross waste of public funds, suspected or actual Medicaid fraud or abuse, or gross neglect of duty,” id. § 112.3187(5)(b). McAlpin’s most colorable argument relates to his disclosure of Councilmen Pettis’s and Johnson’s 1991 arrests....

...35 26 Opinion of the Court 20-13278 twenty-five years ago “create[] or present[] a substantial and spe- cific danger to the public’s health, safety, or welfare.” See id. § 112.3187(5)(a). 2. Disclosure to an Individual or Entity Identified in § 112.3187(6) Protected information must be disclosed to one of the indi- viduals or entities identified in the statute. Id. § 112.3187(6)....

...e local official” as contem- plated by the statute. See Quintini v. Panama City Hous. Auth., 102 So. 3d 688, 690 (Fla. Dist. Ct. App. 2012) (concluding that “FDLE is a state agency, not a local official” for purposes of section 112.3187(6))....

...3. Protected Manner Finally, the FWA requires the plaintiff, when disclosing in- formation on his own initiative, to have disclosed the information “in a written and signed complaint.” Fla. Stat. § 112.3187(7)....

...un- derlying statement provided to the FDLE was not written by McAl- pin himself. But even assuming that Memorandum met subsection (7)’s requirements, the disclosure failed to satisfy the requirements of subsections 112.3187(5) and (6)....

...signature, “Chief of Police, Burt McAlpin.” Even assuming those emails satis- fied the FWA’s signed-writing requirement, those emails, as explained above, were not protected because they did not disclose the types of wrongdoing listed in section 112.3187(5). USCA11 Case: 20-13278 Document: 42-1 Date Filed: 03/03/2023 Page: 29 of 35 20-13278 Opinion of the Court 29 prima facie case....

...This Court previously, by order of September 6, 1989, dismissed three (3) defendants from this case; dismissed Count I and Count II, as to violation of the First Amendment; and required Plaintiff file an amended complaint. The amended complaint was filed on January 4, 1990, and contained the following counts: 1) violation of § 112.3187, Fla.Stat., the Florida Whist-leblower’s Act; 2) an action for declaratory relief pursuant to Ch....

...iscussing the issue of “police personnel.” The Council voted to, and did, discharge and terminate Plaintiff’s employment with the City, effective on or about December 13, 1988. Count I of the original and amended complaints allege violation of § 112.3187, Fla....

...Accordingly, it is ORDERED that the motion to dismiss be granted, in part and denied in part, in accordance with the preceding opinion; that *1455 Count I of the amended complaint be dismissed, with prejudice; that Count II be dismissed, with prejudice, insofar as it alleges a conspiracy under § 112.3187, Fla....

...on. The trial court’s order prohibited the Department of Corrections from terminating appellee’s employment and from demoting her pending the outcome of an action she is pursuing against the department for unfair employment practices pursuant to section 112.3187 Florida Statutes (Supp.1986)....

been filed that comes within the scope of section 112.3187(5)(a) and (b), Florida Statutes, that is,

...The employee then sued the city on two claims: (1) whistleblower retaliation; and (2) breach of contract. The employee’s whistleblower retaliation claim alleged the city commission’s termination of his employment violated Florida’s Whistle- blower’s Act, section 112.3187(4)(a)-(b), Florida Statutes (2016) (a government entity “shall not dismiss, discipline, or take any other adverse 3 personnel action against an employee for disclosing information pursuant to t...

...rected to the employee’s whistleblower retaliation claim. Our conclusion also moots the argument upon which the amicus filed its brief in support of the city, being directed solely to the issue of whether the Florida Public Whistle-blower’s Act, section 112.3187, Florida Statutes (2016), authorizes non-economic compensatory damages....

governmental affairs of the public employer." 3 Section 112.3187(6), Fla. Stat. 4 See, Op. Att'y Gen. Fla.

governmental affairs of the public employer." 6 Section 112.3187(6), Fla. Stat. (1995). 7 See, Senate Staff

...DISCUSSION The Third Amended Complaint contains the following causes of action against the College, Peck, Shattler and Buckley: Count I&emdash;Civil Rights Action, violation of 42 U.S.C. § 1983 ; Count II&emdash;violation of Florida Statutes § 112.3187(4)(a) and (b) (1996); and Count III&emdash;Invasion of Privacy Article I, § 23 of the Florida Constitution....

...Plaintiffs further allege that Peck referenced the memorandum’s negative impact on Pot-tinger’s termination. Finally, plaintiffs allege that Peck’s approval of the retaliatory *1326 termination violated the Florida Whistle-blower Statute codified in FI. St. § 112.3187; a clearly established law....

...mental authority has not established an administrative procedure by ordinance or contract, a local public employee may within 180 days after the action prohibited by this section, bring a civil action in a court of competent jurisdiction.” FI. St. § 112.3187(8)(b)....

...206 , 126 So. 283 (1930)). Finally, this Court looks to the language of the statute. The wording of the statute specifically says that the employee may, within 180 days after the action ..., bring a civil action in a court of competent jurisdiction. FI. St. § 112.3187(8)(b) (emphasis added)....

...iolations of laws, abuses of governmental offices, or the wasting of funds&emdash;is codified in subsection 2. After a careful review of the statute and the aforementioned cases, this Court is convinced that the statute of limitations of FI. St. § 112.3187(8)(b), when construed liberally in favor of granting plaintiff access to the remedy sought, accrues at the time that the plaintiff has knowledge of the allegedly wrongful act....

...B.Defendants Peck, Shattler, and Buckley in their Individual Capacities Defendants move to dismiss Count II as it pertains to Peck, Shattler, and Buckley in their individual capacities for lack of a cause of action. Defendants allege and plaintiffs concede that the Florida Whistle-Blower Act, FI. St. § 112.3187 does not create individual liability. Therefore, after reviewing the statute and the law, and upon finding no dispute between the parties on the interpretation of FI. St. § 112.3187 as it pertains to individual liability, the Court will dismiss Count II of the Third Amended Complaint as it pertains to defendants Peck, Shattler, and Buckley in their individual capacities. C. Defendants Peck, Shattler, and Buckley in their Official Capacities Defendants move to dismiss Peck, Shattler, and Buckley in their official capacities. Defendants refer to subsection 6 of FI. St. § 112.3187 which requires that disclosures regarding a community college be made to a “chief executive officer as defined in § 447.203(9) or other appropriate local official”....

...Defendants allege that disclosure was only made to Shattler (Docket No. 23, ¶ 11), yet the Third Amended Complaint specifically alleges that the memorandum was sent to the Florida Department of Law Enforcement (FDLE). (Docket No. 19, ¶ 7). Plaintiffs assert the FDLE memorandum fulfills the FI. St. § 112.3187(6) requirement of notification to an “appropriate local official.” Plaintiffs refer to FI....

2006), the court treated the 180-day limit in section 112.3187(8)(b) in which to institute a public sector

...City Atty., for appellants. G. Ware Cornell, Jr. and Robert J. Slotkin, for appellee. Before BASKIN, COPE and GERSTEN, JJ. GERSTEN, Judge. This is an appeal from a temporary injunction which reinstated a discharged employee pursuant to the Whistle-blower's Act of 1986. § 112.3187, Fla....

...It is clear on this record that no effective administrative remedy was available. We also reject the City's argument that Coll was required to observe the waiting period of subsection 768.28(6), Florida Statutes (1987). The City's proposed construction is at odds with the plain language of the Whistle-blower's Act. See § 112.3187(8), Fla....

outcome of her complaint against BSO under section 112.3187(9)(f), Florida Statutes (2018), Florida’s

...st-trial motion because Wheeler failed to comply with the Act’s requirements. We agree. 1 Florida’s Whistle-blower’s Act governs relief for adverse employment actions against employees following the disclosure of protected information. See § 112.3187, Fla. Stat. (2009). Significantly, section 112.3187(7) “protects employees and persons who disclose information on their own initiative in a written and signed complaint.” § 112.3187(7), Fla. Stat....

...4th DCA 2006) (quoting Hutchison v. Prudential Ins. Co. of Am., Inc., 645 So. 2d 1047, 1050 (Fla. 3d DCA 1994)). Accordingly, in order to qualify as a “written and signed complaint” under the Act, the document must identify alleged wrongdoing. See § 112.3187(5)(a)-(b), Fla....

...that would trigger the Act’s protections. In short, merely providing documents potentially supporting a protected disclosure without any written explanation bearing the signature of the complainant fails to qualify as a “written and signed complaint” within the meaning of section 112.3187(7), Florida Statutes....

...Accordingly, the documents do not qualify as a protected disclosure under the Act. See Walker, 925 So. 2d at 1150 (holding two repair invoices submitted to a superior did “not qualify as a ‘written and signed complaint’ within the meaning of section 112.3187(7)” because the invoices, standing alone, did not “document the nature of [appellant’s] protected disclosure”); Henley, 329 So....

...448.101-105 (Florida’s private-sector whistle-blower provisions). As to the right to trial by jury, see Fox v. City of Pompano Beach, 984 So.2d 664 (Fla. 4th DCA 2008), and O’Neal v. Fla. A & M University, 989 So.2d 6 (Fla. 1st DCA 2008) (right to jury trial pursuant to the Whistle-blower Act, F.S. 112.3187-31895); Rodriguez v....

...action filed by respondent Emlyn Louis (“Louis”) because he failed to exhaust his administrative remedies. We agree and therefore grant Jackson Health’s petition. The underlying action is the second action filed by Louis pursuant to Florida’s Whistle-blower’s Act, section 112.3187, et seq., of the Florida Statutes....

...suspected acts of misconduct, gross mismanagement, and gross negligence by certain employees or agents of Jackson Health, Jackson Health retaliated by disciplining him and ultimately terminating his employment on February 2, 2018. Pursuant to section 112.3187(8)(b), a local public employee protected by Florida’s Whistle-blower Act, such as Louis, must file a complaint with the appropriate local governmental authority within sixty days of the adverse action “if that authority has es...

...3d DCA 2019), Miami- Dade County petitioned for a writ of prohibition, asserting that the circuit court was without jurisdiction to preside over Harris’s whistle-blower action because he failed to exhaust administrative remedies. This Court held that pursuant to section 112.3187(8)(b), “the County established administrative procedures for handling whistleblower complaints.” Id....

...from taking retaliatory action against any person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee.” § 112.3187(2), Fla. Stat. As a remedy for a violation of the FWA, an employee may bring a civil action after exhausting administrative remedies. § 112.3187(8)(a), Fla....

...e Chief Inspector General in the Executive Office of the Governor, to the employee designated as agency inspector general under 5  s. 112.3189(1), or to the Florida Commission on Human Relations. § 112.3187(7), Fla....

...(emphasis added). The issue here is the proper interpretation of the term “other inquiry.” As emphasized above, the FWA “protects employees . . . who are requested to participate in an investigation, hearing, or other inquiry conducted by any agency or federal government entity.” § 112.3187(7), Fla....

...superfluous the language limiting the manner of disclosure that the FWA protects. Any disclosure could be a protected disclosure. But the FWA protects disclosures made in a written complaint or in response to an investigation, hearing, or other inquiry conducted by an agency. § 112.3187(7), Fla....

...9 FWA for the award of lost wages and reasonable costs before proving that the Department acted unlawfully. Turning back to the language of the statute, an employee of a state agency may “bring a civil action” for a violation of the FWA. § 112.3187(8)(a), Fla....

...st the employee which includes documentation of the employee’s violation of a disciplinary standard or 10  performance deficiency. This paragraph does not apply to an employee of a municipality. § 112.3187(9), Fla....

...Those forms of relief are instead tied to the merits of the underlying whistleblower action. To be clear, a petition for temporary reinstatement is not an “action” under the FWA. As the name implies, temporary reinstatement is temporary relief “pending the final outcome on the complaint.” § 112.3187(9)(f), Fla....

...�� by awarding lost wages and associated attorney’s fees and costs. In actions brought under the FWA, a court must award “[c]ompensation, if appropriate, for lost wages, benefits, or other lost renumeration caused by the adverse action.” § 112.3187(9)(c), Fla....

...Similarly, we find that the trial court erred in awarding attorney’s fees and costs upon granting temporary reinstatement. The FWA provides for “[p]ayment of reasonable costs, including attorney’s fees, to a substantially prevailing employee.” § 112.3187(9)(d), Fla....

...ere based upon similar facts. We find no abuse of discretion and affirm. I. Beanblossom filed a two-count complaint against Bay District Schools in December 2013, alleging in Count I a whistle- blower claim under section 112.3187, Florida Statutes, and in Count II a negligent retention claim....

...The School Board of Palm Beach County petitions for certiorari review from the denial of its motion for summary judgment contending that the respondent/plaintiff failed to exhaust administrative remedies before bringing her action under the Whistle-blower’s Act. § 112.3187(8)(b), Fla. Stat....

...For the purpose of this paragraph, the term “local governmental authority” includes any regional, county, or municipal entity, special district, community college district, or school district or any political subdivision of any of the foregoing. § 112.3187(8)(b), Fla....

...1 None of this occurred, and plaintiff never requested an administrative hearing or inquired whether the School Board had a contract with DOAH. Thus, even if the trial court were correct that the policy set out an alternative administrative procedure as permitted by section 112.3187(8)(b), plaintiff never followed or exhausted that procedure....

...1958) (explaining that “the immunity of the sovereign is a part of the public policy of the state” and “enforced as a protection of the public against profligate encroachments on the public treasury”). Against this backdrop, we turn our attention to the public sector Whistleblower’s Act, sections 112.3187–112.31895, Florida Statutes (2021)....

...3d 1107, 1109 (Fla. 1st DCA 2016)). A The Whistleblower’s Act prohibits state agencies from taking adverse personnel action against employees in retaliation for disclosing information protected by the Act. § 112.3187(4)(a), Fla. Stat....

...agency’s initiation of a personnel action against the employee which includes documentation of the employee’s violation of a disciplinary standard or performance deficiency. This paragraph does not apply to an employee of a municipality. § 112.3187(9)(a)–(f), Fla....

...§ 1983 (Counts I, II, III, IV, and V); civil violations of the Racketeer Influenced and Corrupt Organization Act (“RICO”), 18 U.S.C. § 1964 (c) (Counts VI, VII, and VIII); retaliation in violation of Florida’s Public Whistleblowers Act (the “PWA”), Florida Statutes § 112.3187 et seq....

...Elements of a PWA Claim Under Florida’s PWA, which prohibits retaliation against whistleblowers in public employment, a municipal government entity may not take an adverse personnel action against an employee in retaliation for the employee’s disclosure of the municipal entity’s misconduct. Fla. Stat. § 112.3187 ....

...Sierminski, 216 F.3d at 950 , The burden then shifts back to the employee to show that the employer’s legitimate, non-retaliatory reason is merely pretext for prohibited retaliation. Id. The parties do not dispute that Wagner’s termination constitutes an adverse personnel action. See Fla. Stat. § 112.3187 (3)(c) (providing that “adverse personnel action” includes discharge)....

...cted activity and her termination. B. Protected Activity To establish that she engaged in protected activity under the PWA, Wagner must show that she disclosed (1) protected information (2) to a protected recipient (3) in a protected manner. See id. § 112.3187(5)-(7)....

...(b) Any act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, suspected or actual Medicaid fraud or abuse, or gross neglect of duty committed by an employee or agent of an agency or independent contractor. Id. § 112.3187(5)....

...pecial district, community college district, or school district or any political subdivision of any of the foregoing, the information must be disclosed to a chief executive officer as defined in s. 447.203(9) or other appropriate local official- id. § 112.3187(6) (emphasis added)....

...The PWA provides that it protects, inter alia, employees (1) “who disclose information on their own initiative in a written and signed complaint” or (2) “who are requested to participate in an investigation, hearing, or other inquiry conducted by any agency or federal government entity.” Fla. Stat. § 112.3187 (7)....

...indifference failed or refused to correct the constitutional violations and/or tacitly approved such wrongs." (Amended Complaint, ¶ 26). In Count II of the Amended Complaint, Pino sues the Defendants for violation of Florida's Whistle-blower's Act, Section 112.3187 of the Florida Statutes (the "Whistle-blower's Act"), alleging that Defendants subjected Pino to an adverse employment action in retaliation for his disclosure of damaging information....

...he appropriate local governmental authority. Within 180 days after entry of a final decision by the local governmental authority, the public employee who filed the complaint may bring a civil action in any court of competent jurisdiction. FLA. STAT. § 112.3187(8)(b) (emphasis added). The City's Civil Service Board, as set forth in Section 36(a) of the Miami Charter, meets the requirements of § 112.3187(8)(b) because the Board (1) was established by ordinance; (2) is authorized by Section 40-128 of the Code of the City of Miami to hear whistle-blower complaints; (3) is composed of a panel of impartial persons appointed by the appropriate...

...Pino further proposes that the Court consider his act of taking the matter for review to the State Attorney's Office to satisfy the administrative requirement. Pino concedes, however, that filing a criminal complaint with the State Attorney's Office does not meet the statutory criteria of Section 112.3187....

one made within the terms of the statute. 4 Section 112.3187(6), Fla. Stat. See, s. 447.203(9), Fla. Stat

...J. BOKOR, J.  Dr. David Garavan seeks certiorari relief from a trial court order denying his motion seeking temporary reinstatement to his former position as deputy medical examiner under Florida’s Whistleblower Act. See § 112.3187(9)(f), Fla Stat....

...first, that the county is a municipality, which the statutory provision exempts from the temporary reinstatement requirement, and second, that Dr. Garavan failed to exhaust his administrative remedies. We start with the applicable statutory language. Section 112.3187(9)(f) requires, under certain conditions, temporary reinstatement to the employee’s former position (or an equivalent position) pending the final outcome of an action for reinstatement....

...providing it with municipal powers would be rendered mere surplusage. 4 In addition to the state constitution, the context of the statutory section at issue supports the plain and ordinary understanding of the terms municipality and county as distinct entities. Section 112.3187 doesn’t define “municipality,” but it defines “[a]gency,” in pertinent part, as “any state, regional, county, local, or municipal government entity.” § 112.3187(3)(a), 4 In finding a municipality to be the same as the county, the trial court ignored words and terms in the same statutory section, as well as entire constitutional provisions....

...dictionary definition, or the constitutional or statutory usage of the terms, we reach the opposite conclusion from the County and hold that a county and a municipality are distinct units. We now turn to the administrative exhaustion argument. Specifically, section 112.3187(8)(b) requires that “[w]ithin 60 days after the action prohibited by this section, any local public employee protected by this section may file a complaint with the appropriate local governmental authority, if that authority has...

...handling such complaints.” The County terminated Dr. Garavan’s employment on August 31, 2021. On September 1, 2021, Dr. Garavan concurrently filed an administrative complaint with the County as well as a motion with the trial court for reinstatement under section 112.3187(9)(f). Accordingly, Dr....

...Dr. Garavan’s application for relief in the court comports with the statutory scheme. See Dep’t of Transp. v. Fla. Comm’n on Hum. Rels, 842 So. 2d 253, 255 (Fla. 1st DCA 2003) (affirming trial court’s reinstatement of FDOT employee pursuant to section 112.3187(9)(f)). 7  Accordingly, we find that the trial court departed from the essential requirements of the law in concluding that the clear and unambiguous statutory language provided the County with immunity from the temporary reinstatement provision....

one made within the terms of the statute. 6 Section 112.3187(6), Fla. Stat. See s. 447.203(9), Fla. Stat

PER CURIAM. Affirmed. See Section 112.3187(8), Florida Statutes (1987).

...ees. He also maintained that the Sheriff was unprepared for the pandemic and that his public statements to the contrary were false. Four days later, on April 10, 2020, Deputy Bell drafted a “whistleblower” letter pursuant to Fla. Stat. § 112.3187(6) and sent it to the Sheriff by email....

...As to Counts I and II involving federal, civil rights claims, the defendant relies upon 42 U.S.C. § 1988 . Under the two state claims for breach of contract (Count III) and violation of the Florida Whistle-Blower Act (Count IV), the County cites FLA. ST AT. ANN. § 448.08 and § 112.3187(9)(d), respectively....

...on. Therefore, this court cannot award attorneys’ fees pursuant to section 1988 for the plaintiff’s assertion of Counts II through IV. The County also seeks to recover under the two state law claims. Relying upon *468 FLA.STAT.ANN. § 448.08 and § 112.3187(9)(d), the defendant claims it is a prevailing party under these sections, thereby entitling it to an award of reasonable attorneys’ fees incurred in defending this action....

...of Martin County, 493 So.2d 1136, 1137 (Fla. 4th DCA 1986). In addition, a defendant is a prevailing party within the meaning of the term as used in these two statutes when a plaintiff voluntarily dismisses an action. Id.; Hatch v. Dance, 464 So.2d 713, 714 (Fla. 4th DCA 1985). Section 112.3187(9)(d) is clearly applicable in this case as it entitles the prevailing party on a Florida Whistle-Blower claim to recover reasonable attorneys’ fees....

...r’s Act to investigate the complaint. Caldwell asserts that the Commission was not authorized to dismiss her complaint, but rather was obligated conduct the investigatory and fact-finding functions set forth in the Whistle-blower’s Act, sections 112.3187-31895, Florida Statutes....

...istle-blower’s Act: The Florida Commission on Human Relations (Commission) has reviewed your charge form, alleging the Florida Department of Elder Affairs retaliated against you in violation of the Florida Public “Whistle-blower’s Act (Act), §§ 112.3187-112.31895, Florida Statutes (2011)....

...s failed to state a claim upon which relief may be granted under the Wdiistle-blower’s Act. Specifically, you did not engage in a protected activity as defined by the Act. Accordingly, the Commission lacks jurisdiction to investigate this claim. §§ 112.3187-112.31895, Florida Statutes (2011)....

...State, Dep’t of Health, 886 So.2d 1007, 1009 (Fla. 1st DCA 2004)). The Commission’s authority to investigate whistle-blower complaints is set forth in section 112.31895, Florida Statutes. This section provides that the Commission shall receive any allegation of “personnel action prohibited by s. 112.3187 ... and conduct informal fact finding regarding any allegation under this section .... ” § 112.31895(2)(a), Fla. Stat. (2011)(emphasis added). Section 112.3187, Florida Statutes, in turn, prohibits an employer from taking retaliatory action against an employee who discloses information of a specified nature and discloses that information in a specified manner....

...The Act protects information disclosed about “[a]ny act or suspected act of gross mismanagement, malfeasance, gross waste of public funds, suspected or actual Medicaid fraud or abuse, or gross neglect of duty committed by an employee or agent of an agency or independent contractor.” § 112.3187(5)(b), Fla....

...whistleblower (Count I) and negligent retention (Count II) claims, raising three issues. We affirm the summary judgment as to both counts and write only to address the disputed issue of whether Appellee created administrative procedures by “ordinance” under section 112.3187(8)(b), Florida Statutes (2011), through its adoption of a school board policy. Section 112.3187(8)(b), Florida Statutes (2011), the “Remedies” portion of Florida’s public-sector Whistleblower’s Act, provides in pertinent part: Within 60 days after the action prohibited by this section, any local public emp...

...Hearings under s. 120.65 to conduct hearings under this section. (Emphasis added.) The term “ordinance” is not defined in the statute, or anywhere else in the Act, and neither the parties nor we located any case law interpreting that term in the context of section 112.3187(8)(b)....

...system.” Fla. Att’y Gen. Op. 93-43. Based on the foregoing authorities, we agree with the trial court that the school board policy Appellee had adopted qualifies as an ordinance under section 3 112.3187(8)(b), which specifically defines “local governmental authority” to include school districts....

...In Groover’s appeal, we reverse in part and remand for a new hearing on the issue of front pay. Introduction Groover brought a one-count complaint against the School Board under the Florida Public Sector Whistleblower’s Act. See §§ 112.3187– 112.31895, Fla....

...er moved for equitable relief, seeking reinstatement to his prior position or, alternatively, five years of front pay and benefits, including lost pension accumulation, in lieu of reinstatement. Groover’s motion stated that “[i]n accordance with § 112.3187(9)(a), Fla....

...“Where, in reaching that decision, the [trial] court makes a legal determination, we review that legal determination de novo and examine relevant factual findings for clear error.” Brochu v. City of Riviera Beach, 304 F.3d 1144, 1155 (11th Cir. 2002). In Florida, the court’s discretion is limited by section 112.3187(9)(a), Florida Statutes (2020), which states that relief in a whistleblower action “must include” either reinstatement or reasonable front pay as alternative relief: (9) RELIEF.—In any action brought under this section,...

...access to the remedy.” Martin County v. Edenfield, 609 So. 2d 27, 29 (Fla. 1992). Generally, “Florida applies federal Title VII case law to the Whistleblower Act.” Rustowicz, 174 So. 3d at 419. However, there is a significant difference between section 112.3187(9) and the federal statute governing equitable relief. Unlike the Florida statute, the analogous federal statute uses the discretionary word “may.” Specifically, under the federal statute, if an employer has intentionally engaged in an unlawful employment practice, “the court may ....

...See Bogan v. MTD Consumer Grp., Inc., 919 F.3d 332, 337 (5th Cir. 2019); Ogden, 29 F. Supp. 2d at 1007; Evans v. State of Conn., 967 F. Supp. 673, 685 (D. Conn. 1997). However, these cases should not be applied in Florida in light of the language in section 112.3187(9)(a) that makes either reinstatement or front pay mandatory. Although a trial court “retains its discretion to consider all the circumstances in [the] case when it determines what equitable relief may...

...We therefore affirm the trial court’s ruling not to order reinstatement. This leaves the issue of front pay. We reject the School Board’s argument that the trial court had the discretion to deny both reinstatement and front pay. As we observed above, this argument ignores section 112.3187(9)(a)’s mandatory command to award either reinstatement or front pay....

...No exception is written into the statute for “equitable considerations” or “exceptional circumstances.” The School Board’s reliance on federal case law is misplaced because the analogous federal statute is discretionary, not mandatory. See 42 U.S.C. § 2000e- 5(g). Given the mandatory language of section 112.3187(9)(a), we reverse the denial of front pay, and remand to the circuit court for a new hearing on front pay consistent with this opinion. Affirmed as to Case No....