Florida Statute 112.31895 | 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. 112.31895

112.31895 Investigative procedures in response to prohibited personnel actions.—

(1) COMPLAINT.—

(a) If a disclosure under s. 112.3187 includes or results in alleged retaliation by an employer, the employee or former employee of, or applicant for employment with, a state agency, as defined in s. 216.011, that is so affected may file a complaint alleging a prohibited personnel action, which complaint must be made by filing a written complaint with the Office of the Chief Inspector General in the Executive Office of the Governor or the Florida Commission on Human Relations, no later than 60 days after the prohibited personnel action.

(b) Within 5 working days after receiving a complaint under this section, the office or officer receiving the complaint shall acknowledge receipt of the complaint and provide copies of the complaint and any other preliminary information available concerning the disclosure of information under s. 112.3187 to each of the other parties named in paragraph (a), which parties shall each acknowledge receipt of such copies to the complainant.

(2) FACT FINDING.—The Florida Commission on Human Relations shall:

(a) Receive any allegation of a personnel action prohibited by s. 112.3187, including a proposed or potential action, and conduct informal fact finding regarding any allegation under this section, to the extent necessary to determine whether there are reasonable grounds to believe that a prohibited personnel action under s. 112.3187 has occurred, is occurring, or is to be taken.

(b) Within 180 days after receiving the complaint, provide the agency head and the complainant with a fact-finding report that may include recommendations to the parties or proposed resolution of the complaint. The fact-finding report shall be presumed admissible in any subsequent or related administrative or judicial review.

(3) CORRECTIVE ACTION AND TERMINATION OF INVESTIGATION.—

(a) The Florida Commission on Human Relations, in accordance with this act and for the sole purpose of this act, is empowered to:

1. Receive and investigate complaints from employees alleging retaliation by state agencies, as the term “state agency” is defined in s. 216.011.

2. Protect employees and applicants for employment with such agencies from prohibited personnel practices under s. 112.3187.

3. Petition for stays and petition for corrective actions, including, but not limited to, temporary reinstatement.

4. Recommend disciplinary proceedings pursuant to investigation and appropriate agency rules and procedures.

5. Coordinate with the Chief Inspector General in the Executive Office of the Governor and the Florida Commission on Human Relations to receive, review, and forward to appropriate agencies, legislative entities, or the Department of Law Enforcement disclosures of a violation of any law, rule, or regulation, or disclosures of gross mismanagement, malfeasance, misfeasance, nonfeasance, neglect of duty, or gross waste of public funds.

6. Review rules pertaining to personnel matters issued or proposed by the Department of Management Services, the Public Employees Relations Commission, and other agencies, and, if the Florida Commission on Human Relations finds that any rule or proposed rule, on its face or as implemented, requires the commission of a prohibited personnel practice, provide a written comment to the appropriate agency.

7. Investigate, request assistance from other governmental entities, and, if appropriate, bring actions concerning, allegations of retaliation by state agencies under subparagraph 1.

8. Administer oaths, examine witnesses, take statements, issue subpoenas, order the taking of depositions, order responses to written interrogatories, and make appropriate motions to limit discovery, pursuant to investigations under subparagraph 1.

9. Intervene or otherwise participate, as a matter of right, in any appeal or other proceeding arising under this section before the Public Employees Relations Commission or any other appropriate agency, except that the Florida Commission on Human Relations must comply with the rules of the commission or other agency and may not seek corrective action or intervene in an appeal or other proceeding without the consent of the person protected under ss. 112.3187-112.31895.

10. Conduct an investigation, in the absence of an allegation, to determine whether reasonable grounds exist to believe that a prohibited action or a pattern of prohibited action has occurred, is occurring, or is to be taken.

(b) Within 15 days after receiving a complaint that a person has been discharged from employment allegedly for disclosing protected information under s. 112.3187, the Florida Commission on Human Relations shall review the information and determine whether temporary reinstatement is appropriate under s. 112.3187(9)(f). If the Florida Commission on Human Relations so determines, it shall apply for an expedited order from the appropriate agency or circuit court for the immediate reinstatement of the employee who has been discharged subsequent to the disclosure made under s. 112.3187, pending the issuance of the final order on the complaint.

(c) The Florida Commission on Human Relations shall notify a complainant of the status of the investigation and any action taken at such times as the commission considers appropriate.

(d) If the Florida Commission on Human Relations is unable to conciliate a complaint within 35 days after providing the agency head and complainant with the fact-finding report, the Florida Commission on Human Relations shall terminate the investigation. Upon termination of any investigation, the Florida Commission on Human Relations shall notify the complainant and the agency head of the termination of the investigation, providing a summary of relevant facts found during the investigation and the reasons for terminating the investigation. A written statement under this paragraph is presumed admissible as evidence in any judicial or administrative proceeding but is not admissible without the consent of the complainant.

(e)1. The Florida Commission on Human Relations may request an agency or circuit court to order a stay, on such terms as the court requires, of any personnel action for 45 days if the Florida Commission on Human Relations determines that reasonable grounds exist to believe that a prohibited personnel action has occurred, is occurring, or is to be taken. The Florida Commission on Human Relations may request that such stay be extended for appropriate periods of time.

2. If, in connection with any investigation, the Florida Commission on Human Relations determines that reasonable grounds exist to believe that a prohibited action has occurred, is occurring, or is to be taken which requires corrective action, the Florida Commission on Human Relations shall report the determination together with any findings or recommendations to the agency head and may report that determination and those findings and recommendations to the Governor and the Chief Financial Officer. The Florida Commission on Human Relations may include in the report recommendations for corrective action to be taken.

3. If, after 35 days, the agency does not implement the recommended action, the Florida Commission on Human Relations shall terminate the investigation and notify the complainant of the right to appeal under subsection (4), or may petition the agency for corrective action under this subsection.

4. If the Florida Commission on Human Relations finds, in consultation with the individual subject to the prohibited action, that the agency has implemented the corrective action, the commission shall file such finding with the agency head, together with any written comments that the individual provides, and terminate the investigation.

(f) If the Florida Commission on Human Relations finds that there are no reasonable grounds to believe that a prohibited personnel action has occurred, is occurring, or is to be taken, the commission shall terminate the investigation.

(g)1. If, in connection with any investigation under this section, it is determined that reasonable grounds exist to believe that a criminal violation has occurred which has not been previously reported, the Florida Commission on Human Relations shall report this determination to the Department of Law Enforcement and to the state attorney having jurisdiction over the matter.

2. If an alleged criminal violation has been reported, the Florida Commission on Human Relations shall confer with the Department of Law Enforcement and the state attorney before proceeding with the investigation of the prohibited personnel action and may defer the investigation pending completion of the criminal investigation and proceedings. The Florida Commission on Human Relations shall inform the complainant of the decision to defer the investigation and, if appropriate, of the confidentiality of the investigation.

(h) If, in connection with any investigation under this section, the Florida Commission on Human Relations determines that reasonable grounds exist to believe that a violation of a law, rule, or regulation has occurred, other than a criminal violation or a prohibited action under this section, the commission may report such violation to the head of the agency involved. Within 30 days after the agency receives the report, the agency head shall provide to the commission a certification that states that the head of the agency has personally reviewed the report and indicates what action has been or is to be taken and when the action will be completed.

(i) During any investigation under this section, disciplinary action may not be taken against any employee of a state agency, as the term “state agency” is defined in s. 216.011, for reporting an alleged prohibited personnel action that is under investigation, or for reporting any related activity, or against any employee for participating in an investigation without notifying the Florida Commission on Human Relations.

(j) The Florida Commission on Human Relations may also petition for an award of reasonable attorney’s fees and expenses from a state agency, as the term “state agency” is defined in s. 216.011, pursuant to s. 112.3187(9).

(4) RIGHT TO APPEAL.—

(a) Not more than 21 days after receipt of a notice of termination of the investigation from the Florida Commission on Human Relations, the complainant may file, with the Public Employees Relations Commission, a complaint against the employer-agency regarding the alleged prohibited personnel action. The Public Employees Relations Commission shall have jurisdiction over such complaints under ss. 112.3187 and 447.503(4) and (5).

(b) Judicial review of any final order of the commission shall be as provided in s. 120.68.

History.—s. 14, ch. 92-316; s. 4, ch. 93-57; s. 703, ch. 95-147; s. 22, ch. 99-333; s. 130, ch. 2003-261; s. 7, ch. 2020-153.

F.S. 112.31895 on Google Scholar

F.S. 112.31895 on Casetext

Amendments to 112.31895

Arrestable Offenses / Crimes under Fla. Stat. 112.31895

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 112.31895.

Annotations, Discussions, Cases:

Cases Citing Statute 112.31895

Total Results: 20

SCHOOL BOARD OF PALM BEACH COUNTY v. GARY GROOVER

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

Snippet: Sector Whistleblower’s Act. See §§ 112.3187– 112.31895, Fla. Stat. (2014). He alleged that he was demoted

Janette Nazzal v. Florida Department of Corrections

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

Snippet: summary judgment. 1 §§ 112.3187 – 112.31895, Fla. Stat. (2013).

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: Whistle-blower's Act ( sections 112.3187 - 112.31895, Florida Statutes (2013) ). At the end of the

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: Whistle-blower's Act ( sections 112.3187 - 112.31895, Florida Statutes (2013) ). At the end of the

Griffin v. Deloach

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

Citation: 259 So. 3d 929

Snippet: s Whistle-blower Act, *932sections 112.3187 - 112.31895, Florida Statutes (2007), a plaintiff must demonstrate

Vladislav Lobidin v. Florida State University

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-05T00:53:00-07:00

Snippet: sixty-day time period to file a complaint, see § 112.31895(1)(a), Fla. Stat. (2016), extended “until the

State of Florida, Department of Corrections v. Carolann Bracewell and Ted Jeter

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-19T00:00:00-07:00

Citation: 220 So. 3d 1228, 2017 WL 2211331, 2017 Fla. App. LEXIS 7240

Snippet: Fla. 1st DCA 2012) (citing §§ 112.3187(8)(a); 112.31895, Fla. Stat.). At trial, Appellees did not contend

Bradshaw v. Bott

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-16T00:00:00-08:00

Citation: 205 So. 3d 815, 2016 Fla. App. LEXIS 17124

Snippet: complaint must be made in accordance with s. 112.31895. Upon receipt of notice from the Florida Commission… the administrative remedy available under s. 112.31895 or bring a civil action within 180 days after

Cedric Johnson v. Florida Department of Corrections

Court: Fla. Dist. Ct. App. | Date Filed: 2016-05-06T00:00:00-07:00

Citation: 190 So. 3d 259, 2016 Fla. App. LEXIS 7069, 2016 WL 2610612

Snippet: complaint” in accordance with section 112.31895. Section 112.31895(l)(a) provides that an affected employee… governing the Whistle-blower’s Act, sections 112.31895 and 112.3187, do not mention amendments to complaints

Barbara Rustowicz v. North Broward Hospital District n/k/a Broward Health

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-01T00:00:00-07:00

Citation: 174 So. 3d 414, 40 Fla. L. Weekly 1524, 40 I.E.R. Cas. (BNA) 535, 2015 Fla. App. LEXIS 9971

Snippet: . 1 . Sections 112.3187-112.31895, Florida Statutes (2013), is Florida’s Whistle-blower

Marchetti v. School Board of Broward County

Court: Fla. Dist. Ct. App. | Date Filed: 2013-06-26T00:00:00-07:00

Citation: 117 So. 3d 811, 35 I.E.R. Cas. (BNA) 1800, 2013 WL 3197075, 2013 Fla. App. LEXIS 10075

Snippet: , the “Whistle-blower’s Act.” See §§ 112.3187-112.31895, Fla. Stat. (2012). They moved for Mrs. Marchetti

Caldwell v. Florida Department of Elder Affairs

Court: Fla. Dist. Ct. App. | Date Filed: 2013-04-22T00:00:00-07:00

Citation: 121 So. 3d 1062, 35 I.E.R. Cas. (BNA) 984, 2013 WL 1715441, 2013 Fla. App. LEXIS 6490

Snippet: Public “Whistle-blower’s Act (Act), §§ 112.3187-112.31895, Florida Statutes (2011). A Commission representative…jurisdiction to investigate this claim. §§ 112.3187-112.31895, Florida Statutes (2011). The Commission informed…whistle-blower complaints is set forth in section 112.31895, Florida Statutes. This section provides that …regarding any allegation under this section .... ” § 112.31895(2)(a), Fla. Stat. (2011)(emphasis added). Section

Stanton v. Florida Department of Health

Court: Fla. Dist. Ct. App. | Date Filed: 2013-02-08T00:00:00-08:00

Citation: 129 So. 3d 1083, 34 I.E.R. Cas. (BNA) 1705, 2013 WL 466280, 2013 Fla. App. LEXIS 1891

Snippet: “the Act”) found in sections 112.3187 through 112.31895, Florida Statutes (2011). We affirm for the reasons…fact-finding and notice procedures mandated in section 112.31895, Florida Statutes (2011); (2) his complaint alleged…the complaint requirements contained in section 112.31895(l)(a) of the Florida Statutes,” id. at 1255, by…termination of investigation from the Commission. § 112.31895(8)(b), Fla. Stat.... Thus, the Commission committed

Tillery v. Florida Department of Juvenile Justice

Court: Fla. Dist. Ct. App. | Date Filed: 2013-01-04T00:00:00-08:00

Citation: 104 So. 3d 1253, 34 I.E.R. Cas. (BNA) 1687, 2013 WL 45865, 2013 Fla. App. LEXIS 79

Snippet: Whistle-blower’s Act, sections 112.3187 through 112.31895, Florida Statutes (2011) (the Act). We affirm …implementing the protections contained in the Act. § 112.31895(3)(a), Fla. Stat. (2011). Therefore, “a review…complaint must be made in *1255accordance with § 112.31895.” § 112.3187(8)(a), Fla. Stat. The Act further…days after the prohibited personnel action. § 112.31895(l)(a), Fla. Stat. (2011). Upon receipt of a proper…recommendations for resolution of the conflict. § 112.31895(1) — (2), Fla. Stat. If the complaint remains

Quintini v. Panama City Housing Authority

Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-28T00:00:00-08:00

Citation: 102 So. 3d 688, 34 I.E.R. Cas. (BNA) 1324, 2012 Fla. App. LEXIS 20329, 2012 WL 5935959

Snippet: Whistle-blower’s Act, sections 112.8187 through 112.31895, Florida Statutes (2008). The trial court granted

Robinson v. Department of Health

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-08T00:00:00-07:00

Citation: 89 So. 3d 1079, 2012 WL 2053298, 2012 Fla. App. LEXIS 9183

Snippet: certain protected activities. §§ 112.3187(8)(a); 112.31895(4)(a). Employees of state agencies may seek the…Relations Commission (PERC). §§ 112.3187(8)(a); 112.31895(4)(a). However, the Act provides certain prerequisites…either circuit court or with PERC. §§ 112.3187; 112.31895. To initiate an action under the Whistle-blower… subject of the complaint. §§ 112.3187(8)(a), 112.31895(l)(a). When a complaint alleging a violation of…within ninety days, issue a fact-finding report. § 112.31895(2)(c). If FCHR is unable to conciliate the complaint

Florida Department of Children & Families v. Shapiro

Court: Fla. Dist. Ct. App. | Date Filed: 2011-07-27T00:00:00-07:00

Citation: 68 So. 3d 298, 32 I.E.R. Cas. (BNA) 1117, 2011 Fla. App. LEXIS 11759, 112 Fair Empl. Prac. Cas. (BNA) 1578, 2011 WL 3111349

Snippet: Whistle-blower’s Act (FPWA), sections 112.3187-112.31895, Florida Statutes (2007). She alleged that during…Florida’s Whistle-blower Act, sections 112.3187-112.31895, Florida Statutes (2007), a plaintiff must demonstrate

Ago

Court: Fla. Att'y Gen. | Date Filed: 2010-12-26T23:53:00-08:00

Snippet: Whistle-blower's Act (act), sections 112.3187-112.31895, Florida Statutes, is intended to prevent agencies

University of Central Florida Board of Trustees v. Turkiewicz

Court: Fla. Dist. Ct. App. | Date Filed: 2009-11-06T00:00:00-08:00

Citation: 21 So. 3d 141, 29 I.E.R. Cas. (BNA) 1839, 2009 Fla. App. LEXIS 16555, 2009 WL 3672073

Snippet: administrative remedy available under section 112.31895 or bring a civil action within 180 days after … complaint must be made in accordance with s. 112.31895. Upon receipt of notice from the Florida Commission… the administrative remedy available under s. 112.31895 or bring a civil action within 180 days after … complaint must be made in accordance with s. 112.31895." Turkiewicz argues that because the statute…complaint must be made in accordance with section 112.31895.[[4]] (Emphasis added). The Maggio court described

Crouch v. Public Service Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2008-10-24T00:00:00-07:00

Citation: 993 So. 2d 148, 2008 Fla. App. LEXIS 19284, 2008 WL 4682331

Snippet: not entitled to relief under sections 112.3187-112.31895, Florida Statutes, the Whistle-blower’s Act. Crouch