CopyAgo (Fla. Att'y Gen. 2010).
Published | Florida Attorney General Reports
...om fact-finding or other investigations conducted pursuant to the local government ordinance is confidential and exempt from both the Public Records Law and Article I , section 24 (a), of the Florida Constitution under the circumstances described in section 112.3188 (2)(b), Florida Statutes....
...The Palm Beach County Code contains a substantially similar provision in section 2-423.(11), Art. XII, Palm Beach County Code of Ordinances, providing that "[t]he inspector general's records related to active investigations are confidential and exempt from disclosure, as provided by Florida Statutes, s. 112.3188 (2)." Sincerely, Bill McCollum Attorney General BM/tgh 1 See letter of August 23, 2010, from Sheryl Steckler to Bill McCollum....
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
Mr. Jack Shreve Office of the Public Counsel c/o The Florida Legislature 111 West Madison Street, Room 812 Tallahassee, Florida 32399-1400 Dear Mr. Shreve: You ask substantially the following question: Does s. 112.3188 (2)(a), F.S., exempt from disclosure a complaint filed with the Office of the Public Counsel under the Whistleblower's Act regarding retaliatory action taken against a public employee who has reported abuse or neglect of duty by a public...
...hen the Public Counsel has sent a copy of the complaint to, among others, the Chief Inspector General, who is still investigating the initial report of abuse or neglect? In sum, I am of the opinion, until legislatively or judicially clarified, that: Section 112.3188 (2)(a), F.S., does not exempt from disclosure a complaint filed with the Office of the Public Counsel under the Whistleblower's Act regarding retaliatory action taken against a public employee who has reported abuse or neglect of dut...
...112.31895 (3), the Public Counsel is empowered, among other things, to receive and investigate complaints from employees alleging retaliation by state agencies as the term "state agency" is defined in s.
216.011 , F.S. 4 The confidentiality provisions for the Act are contained in s.
112.3188 , F.S....
...ent a substantial and specific danger to the public health, safety or welfare or to prevent the imminent commission of a crime, or the disclosure is unavoidable and absolutely necessary during the course of the audit, evaluation, or investigation. 6 Section 112.3188 (2)(a), F.S., provides: (2)(a) Except as specifically authorized by s....
...119.07 (1) provided that the information is being received or derived from allegations as set forth in paragraphs (1)(a) or (b) and an investigation is active. This exemption is subject to the Open Government Sunset Review Act in accordance with s. 119.14. 7 (e.s.) Section 112.3188 (2)(a), F.S., by its own terms limits the exemption to information derived from allegations as set forth in s. 112.3188 (1)(a) or (b), F.S. The language in s. 112.3188 (1)(a) and (b), F.S., is substantially similar to that contained in s....
...112.3187 (5), F.S., which sets forth the type of information which must be disclosed by an individual in order to receive the protections provided under the act, and, therefore, would appear to relate to "whistle-blowing" information. 8 In addition, s. 112.3188 (2)(a), F.S., differentiates between information obtained by the Chief Inspector General, agency inspectors general or chief internal auditors and information obtained by the Department of Legal Affairs, the Public Counsel, or the Department of Law Enforcement....
...igations conducted by the Public Counsel. Rather it is information received by the office that initiates the office's investigation as to whether a retaliatory personnel action has been taken by an agency. In 1993 the Legislature amended the Act and s.
112.3188 , F.S., was rewritten. 9 A provision similar to s.
112.3188 (2)(a), F.S., was contained in s.
112.3189 (11), F.S. (1992 Supp.). 10 The staff analysis for the proposed changes to the Act states in part: Revisions would be made to s.
112.3188 , F.S., which provides for the confidentiality of whistleblower information when received by the Chief Inspector General, internal auditors, and inspectors general. The major revisions to this section of the law would result from transferring existing statutory language from subsections (10) and (11) of s.
112.3189 , F.S., 1992 Supp., to s.
112.3188 , F.S....
...12 The Legislature has limited the exemption for the Public Counsel to information derived or produced from fact-finding or investigation, unlike the exemption for the Chief Inspector General, and this office cannot expand upon or read words into the statute. Accordingly, I am of the opinion that s. 112.3188 (2)(a), F.S., does not prohibit the disclosure of a complaint filed with the Office of the Public Counsel under the Whistle-blower's Act regarding retaliatory action taken against a public employee who has reported abuse or neglect of dut...
...3 Section
112.31895 (1)(b), F.S. 4 Section
216.011 (1)(kk), F.S., defines "State agency" or "agency" to mean "any official, officer, commission, board, authority, council, committee, or department of the executive branch of state government. . . ." 5 Section
112.3188 (1), F.S. 6 Id. 7 See, s.
112.3188 (2)(b), F.S., authorizing the disclosure ofconfidential information by the Chief Inspector General or agency inspector general receiving the information if they determine such disclosure is absolutely necessary to prevent a substantial an...
...rtment of Legal Affairs, the Office of Public Counsel, or the Department of Law Enforcement, under this section or s.
112.31895 is confidential and exempt from s.
119.07 (1) while the investigation or inquiry is active, and thereafter as provided by s.
112.3188 ....
CopyPublished | Florida 4th District Court of Appeal
...He then moved for attorney’s fees, contending that the initial
complaint was not subject to an exemption from disclosure and that he
was entitled to his attorney’s fees incurred in obtaining the document. The
trial court disagreed and denied the fees. We affirm.
Section 112.3188(2)(b), Florida Statutes (2017) provides:
All information received by a local chief executive officer or
appropriate local official or information produced or derived
from fact-finding or investigations conducted pu...
...I of the State
Constitution, if the information is being received or derived
from allegations as set forth in paragraph (1)(a) or paragraph
(1)(b) and an investigation is active.
(emphasis added). The type of allegations set forth in section 112.3188
paragraph (1)(a) and (b) includes assertions that:
[A]n employee or agent of an agency or independent
contractor:
(a) Has violated or is suspected of having violated any federal,
state, or local law, rule, o...
