Florida Whistleblower Protection Laws
Fla. Stat. § 112.3187-112.31895
The Florida Whistleblower Act is a law that protects employees who report illegal activities or violations of policies that are against the law. The law ensures that the public’s health, safety, and welfare are not put at risk. It also protects anyone who reports improper use of governmental office, gross waste of funds, or abuse or neglect of duty by a public officer or employee. The law is in place to prevent agencies or contractors from punishing employees who report these issues.
The law prohibits employers from retaliating against employees who report violations of the law, such as firing, suspending, demoting, or reducing pay or benefits. Employees can report this information to agencies that have the power to investigate and remedy the situation. The law also protects people who file written complaints or participate in investigations. The law does not apply to people who committed or participated in the wrongdoing.
If an employee is negatively affected for engaging in activities protected by this law, they may file a complaint according to the process outlined in s. 112.31895. After receiving notice of the termination of the investigation from the Florida Commission on Human Relations, the complainant may choose to pursue an administrative remedy under s. 112.31895 or file a civil action within 180 days of receiving the notice.
If a local public employee is protected by this law, they may file a complaint with the appropriate local governmental authority within 60 days of the prohibited action. If the local government has established an administrative procedure for handling such complaints or has contracted with the Division of Administrative Hearings under s. 120.65, the complaint will be heard by a panel of impartial individuals appointed by the local government. Within 180 days of the final decision, the public employee who filed the complaint may bring a civil action in any court of competent jurisdiction. If the local government has not established an administrative procedure by ordinance or contract, a local public employee may bring a civil action in a court of competent jurisdiction within 180 days of the action prohibited by this law.
Any other person protected by this law may bring a civil action in any court of competent jurisdiction within 180 days of exhausting all available contractual or administrative remedies.
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, the employee may be temporarily reinstated to their former position or an equivalent position, pending the final outcome of the complaint.
It will be an affirmative defense to any action brought pursuant to this law that the adverse action was based on grounds other than and would have been taken in the absence of the employee’s or person’s exercise of rights protected by this law.
In Florida, private and public employees are protected from retaliation under the Florida Whistleblower Act. Workers in Florida may sue for back pay, back and full benefits, lost wages, and other damages claimed in a suit.
Florida False Claims Act
Fla. Stat. § 68.081-68.092
The Florida False Claims Act is a law that addresses fraudulent requests for money or property from the state. This law applies to anyone who knowingly presents or causes to be presented a false or fraudulent claim for payment or approval. It also applies to anyone who knowingly makes, uses, or causes to be made or used a false record or statement material to a false or fraudulent claim.
The law defines several terms, including “claim,” which means any request or demand for money or property, whether under a contract or otherwise, presented to any employee, officer, or state agent. It also defines “knowing” or “knowingly” to mean that a person has actual knowledge of the information, acts in deliberate ignorance of the truth or falsity of the information, or acts in reckless disregard of the truth or falsity of the information. Innocent mistakes are a defense to an action under this law.
The law establishes penalties for violations. Anyone who violates this law is liable to the state for a civil penalty of not less than $5,500 and not more than $11,000 and for treble the amount of damages the state sustains because of the act of that person. However, the court may reduce the treble damages if the person committing the violation furnished the Department of Legal Affairs with all information known to the person about the violation within 30 days after the date on which the person first obtained the information, fully cooperated with any official investigation of the violation, or did not have actual knowledge of the existence of an investigation into the violation at the time the person furnished the department with the information about the violation.
