Florida Statute 112.3187 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS

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F.S. 112.3187

112.3187 Adverse action against employee for disclosing information of specified nature prohibited; employee remedy and relief.—

(1) SHORT TITLE.—Sections 112.3187-112.31895 may be cited as the “Whistle-blower’s Act.”

(2) LEGISLATIVE INTENT.—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 a public employer or independent contractor that create a substantial and specific danger to the public’s health, safety, or welfare. It is further the intent of the Legislature 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 or gross neglect of duty on the part of an agency, public officer, or employee.

(3) DEFINITIONS.—As used in this act, unless otherwise specified, the following words or terms shall have the meanings indicated:

(a) “Adverse personnel action” means 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 within the terms and conditions of employment by an agency or independent contractor.

(b) “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.

(c) “Employee” means 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.

(d) “Gross mismanagement” means a continuous pattern of managerial abuses, wrongful or arbitrary and capricious actions, or fraudulent or criminal conduct which may have a substantial adverse economic impact.

(e) “Independent contractor” means a person, other than an agency, engaged in any business and who enters into a contract, including a provider agreement, with an agency.

(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.

(b) An agency or independent contractor shall not take any adverse action that affects the rights or interests of a person in retaliation for the person’s disclosure of information under this section.

(c) The provisions of this subsection shall not be applicable when an employee or person discloses information known by the employee or person to be false.

(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 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.

(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.

(6) TO WHOM INFORMATION DISCLOSED.—The information disclosed under this section 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 Office of the Chief Inspector General, 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. However, for disclosures concerning a local governmental entity, including any regional, county, or municipal entity, special 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.

(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 requested to participate in an investigation, hearing, or other inquiry conducted by any agency or federal government entity; who refuse to participate in any adverse action prohibited by this section; or who initiate a complaint through the whistle-blower’s hotline or the hotline of the Medicaid Fraud Control Unit of the Department of Legal Affairs; or 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. 112.3189(1), or to the Florida Commission on Human Relations. The provisions of this section may not be used by a person while he or she is under the care, custody, or control of the state correctional system or, after release from the care, custody, or control of the state correctional system, with respect to circumstances that occurred during any period of incarceration. 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.

(8) REMEDIES.—

(a) Any employee of or applicant for employment with any state agency, as the term “state agency” is defined in s. 216.011, who is discharged, disciplined, or subjected to other adverse personnel action, 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 accordance with s. 112.31895. 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.

(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 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. 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. Upon hearing the complaint, the panel must make findings of fact and conclusions of law for a final decision by 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. If the local governmental 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. 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.

(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.

(9) RELIEF.—In any action brought under this section, the relief must include the following:

(a) Reinstatement of the employee to the same position held before the adverse action was commenced, or to an equivalent position or reasonable front pay as alternative relief.

(b) Reinstatement of the employee’s full fringe benefits and seniority rights, as appropriate.

(d) Payment of reasonable costs, including attorney’s fees, to a substantially prevailing employee, or to the prevailing employer if the employee filed a frivolous action in bad faith.

(e) Issuance of an injunction, if appropriate, by a court of competent jurisdiction.

(f) 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 disclosure and if a court of competent jurisdiction or the Florida Commission on Human Relations, as applicable under s. 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 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.

(10) 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.

(11) EXISTING RIGHTS.—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.

History.—ss. 1, 2, 3, 4, 5, 6, 7, 8, ch. 86-233; s. 1, ch. 91-285; s. 12, ch. 92-316; s. 1, ch. 93-57; s. 702, ch. 95-147; s. 1, ch. 95-153; s. 15, ch. 96-410; s. 20, ch. 99-333; s. 2, ch. 2002-400; s. 37, ch. 2023-8.

F.S. 112.3187 on Google Scholar

F.S. 112.3187 on Casetext

Amendments to 112.3187

Arrestable Offenses / Crimes under Fla. Stat. 112.3187

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 112.3187.

Annotations, Discussions, Cases:

Cases Citing Statute 112.3187

Total Results: 20

City of Hallandale Beach v. Daniel Rosemond

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-05T00:00:00-07:00

Snippet: violated Florida’s Whistle- blower’s Act, section 112.3187(4)(a)-(b), Florida Statutes (2016) (a government…the Florida Public Whistle-blower’s Act, section 112.3187, Florida Statutes (2016), authorizes non-economic

School Board of Palm Beach County v. Ana Groover

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-28T00:00:00-08:00

Snippet: bringing her action under the Whistle-blower’s Act. § 112.3187(8)(b), Fla. Stat. (2021). We grant the petition… subdivision of any of the foregoing. § 112.3187(8)(b), Fla. Stat. (2021) (emphasis added). …administrative procedure as permitted by section 112.3187(8)(b), plaintiff never followed or exhausted that

Douglas H. Harrison, Laura Raybin-Miller, and South Broward Hospital District d/b/a Memorial Healthcare System v. Kimarie Stratos

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-08T00:00:00-08:00

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

Douglas A. Harrison v. Kimrie Stratos

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-08T00:00:00-08:00

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

South Broward Hospital District d/b/a Memorial Healthcare System v. Kimarie Stratos

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-08T00:00:00-08:00

Snippet: claim under the Florida Whistleblower’s Act. § 112.3187, Fla. Stat. (2018). As in School Board of …remedy before filing suit as required by section 112.3187(8)(b), Florida Statutes (2018). The District had…handle Whistleblower Act complaints under section 112.3187(8)(b), and Stratos never exhausted that remedy…remedy before filing suit, as required by section 112.3187(8)(b). The District explained that it has contracted…review whether the presuit requirements of section 112.3187(8)(b) have been met. Bradshaw v. Bott, 205 So.

RICHARD WHEELER v. CITY OF FORT LAUDERDALE, FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-07-12T00:00:00-07:00

Snippet: protected information. See § 112.3187, Fla. Stat. (2009). Significantly, section 112.3187(7) “protects employees…initiative in a written and signed complaint.” § 112.3187(7), Fla. Stat. (2009) (emphasis added). “The purpose…identify alleged wrongdoing. See § 112.3187(5)(a)-(b), Fla. Stat. (2009) (providing that “…signed complaint” within the meaning of section 112.3187(7), Florida Statutes. Accordingly, the documents…signed complaint’ within the meaning of section 112.3187(7)” because the invoices, standing alone, did

DR. DAVID FINTAN GARAVAN v. MIAMI-DADE COUNTY, FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-12-06T23:53:00-08:00

Snippet: Florida’s Whistleblower Act. See § 112.3187(9)(f), Fla Stat. (setting forth temporary reinstatement… applicable statutory language. Section 112.3187(9)(f) requires, under certain conditions, temporary…municipality and county as distinct entities. Section 112.3187 doesn’t define “municipality,” but it defines…county, local, or municipal government entity.” § 112.3187(3)(a), 4 In finding a municipality to be …administrative exhaustion argument. Specifically, section 112.3187(8)(b) requires that “[w]ithin 60 days after the

SCHOOL BOARD OF PALM BEACH COUNTY v. GARY GROOVER

Court: Fla. Dist. Ct. App. | Date Filed: 2022-04-13T00:53:00-07:00

Snippet: Florida Public Sector Whistleblower’s Act. See §§ 112.3187– 112.31895, Fla. Stat. (2014). He alleged that…Groover’s motion stated that “[i]n accordance with § 112.3187(9)(a), Fla. Stat., the relief ‘must include’ ‘…, the court’s discretion is limited by section 112.3187(9)(a), Florida Statutes (2020), which states that…there is a significant difference between section 112.3187(9) and the federal statute governing equitable…in Florida in light of the language in section 112.3187(9)(a) that makes either reinstatement or front

TERRY R. HENLEY v. CITY OF NORTH MIAMI

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-20T00:53:00-07:00

Snippet: . at 155 (quoting § 112.3187(7)). This Court concluded that “section 112.3187(7) protects those who…under Florida’s Whistle- Blower’s Act, section 112.3187, Florida Statutes (“Whistle-blower’s Act” or …So. 3d 444, 445 (Fla. 4th DCA 2015) (citing § 112.3187(2), Fla. Stat. (2011))1. The Whistle-blower’s …s Act “is a remedial 1 Section 112.3187(2) currently provides in relevant part as follows: …-06 (Fla. 4th DCA 2011)). In addition, section 112.3187(5) provides: (5) NATURE OF INFORMATION

JACKSON HEALTH SYSTEM v. EMLYN LOUIS

Court: Fla. Dist. Ct. App. | Date Filed: 2021-01-05T23:53:00-08:00

Snippet: pursuant to Florida’s Whistle-blower’s Act, section 112.3187, et seq., of the Florida Statutes. In both actions…on February 2, 2018. Pursuant to section 112.3187(8)(b), a local public employee protected by Florida… This Court held that pursuant to section 112.3187(8)(b), “the County established administrative

BROWARD COUNTY SHERIFF'S OFFICE v. HEATHER HAMBY

Court: Fla. Dist. Ct. App. | Date Filed: 2020-07-15T00:53:00-07:00

Snippet: outcome of her complaint against BSO under section 112.3187(9)(f), Florida Statutes (2018), Florida’s Whistle-blower…motion for temporary reinstatement under section 112.3187(9)(f), Florida Statutes. In the motion, regarding…entitled to temporary reinstatement under section 112.3187(9)(f) because she made a disclosure about an “…. 3d 1129, 1133 (Fla. 2011). Under section 112.3187(9)(f), a plaintiff who files a WBA complaint is…of a personnel action against the employee.” § 112.3187(9)(f), Fla. Stat.; see Marchetti, 117 So. 3d at

TODD MCLENDON v. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL

Court: Fla. Dist. Ct. App. | Date Filed: 2019-12-17T23:53:00-08:00

Snippet: by a local government as authorized by s. 112.3187(8)(b) is confidential and exempt from s.

Vonceil Bradford v. Florida A & M University Board of Trustees

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-06T00:53:00-07:00

Snippet: to the public’s health, safety, or welfare.” § 112.3187(2), Fla. Stat. (2018) (emphasis added); see also…contractor for wages or other remuneration.” § 112.3187(3)(b), Fla. Stat. (2018). And it prohibits an …personnel action against an employee. § 112.3187(4), Fla. Stat. (2018). The Commission dismissed…within the meaning of the whistleblower statute. § 112.3187(4), Fla. Stat. (2018). Further, although FAMU

PAM HATFIELD v. NORTH BROWARD HOSPITAL DISTRICT

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-01T00:53:00-07:00

Snippet: officer, or employee. § 112.3187(2), Fla. Stat. Section 112.3187(5) requires that the information…for temporary reinstatement pursuant to section 112.3187(9)(f), Florida Statutes (2018), pending the final…investigation is enough for protection under the act. See §112.3187(7), Fla. Stat. (2017) (identifying categories …the] information disclosed” pursuant to section 112.3187(5) for whistle-blower protection. The public… he engaged in a protected activity”). Section 112.3187 does not include an exception for grand jury proceedings

THE SCHOOL BOARD OF HILLSBOROUGH COUNTY, FLORIDA v. STEPHANIE WOODFORD

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-26T00:00:00-07:00

Citation: 270 So. 3d 481

Snippet: whistle-blower retaliation in violation of section 112.3187, Florida Statutes (2017) (the Whistle-blower&#…93, 95–96 (Fla. 1983)). Section 112.3187(8) identifies three classes of persons who may…may file a whistle-blower complaint. See § 112.3187(8)(a)–(c). Because Ms. Woodford was the Chief Officer…for the School Board, she falls within section 112.3187(8)(b), which applies to local public employees…political subdivision of any of the foregoing. § 112.3187(8)(b) (emphasis added). The statute affords a

Janette Nazzal v. Florida Department of Corrections

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-09T00:53:00-07:00

Snippet: affirm the final summary judgment. 1 §§ 112.3187 – 112.31895, Fla. Stat. (2013). … 3 agency, public officer, or employee. § 112.3187(4), Fla. Stat. The Act authorizes an employee …disclosure to file a civil action against the agency. § 112.3187(8), Fla. Stat. The Act is remedial in nature and… an agency or independent contractor. § 112.3187(5), Fla. Stat. The only disclosures at issue…Appellant were legitimate and not pretextual. See § 112.3187(10), Fla Stat. (“It shall be an affirmative defense

Johanna Beanblossom v. Bay District Schools, Bay County, Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-13T23:53:00-08:00

Snippet: Count I a whistle- blower claim under section 112.3187, Florida Statutes, and in Count II a negligent

Pritz v. Sch. Bd. of Hernando Cnty.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-30T00:00:00-08:00

Citation: 260 So. 3d 1117

Snippet: *1119letter was disclosed pursuant to section 112.3187(5), Florida Statutes -a provision within Florida…Florida's Whistle-blower's Act ( sections 112.3187 - 112.31895, Florida Statutes (2013) ). At the…was a protected disclosure as defined in section 112.3187(5) ;1 and 2) that he had been "discharged…to obtain temporary reinstatement under section 112.3187(9)(f).2 Second, the trial court made certain factual…REMANDED. BERGER and LAMBERT, JJ., concur. Section 112.3187(5) provides: The information disclosed under this

Pritz v. Sch. Bd. of Hernando Cnty.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-30T00:00:00-08:00

Citation: 260 So. 3d 1117

Griffin v. Deloach

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-16T00:00:00-08:00

Citation: 259 So. 3d 929

Snippet: Griffin's claim brought pursuant to section 112.3187 of the Florida Statutes (2015) (the Whistle-blower…Florida's Whistle-blower Act, *932sections 112.3187 - 112.31895, Florida Statutes (2007), a plaintiff