Labor & Employment Law
Public Whistleblowers in Florida
Public employees play a vital role in safeguarding the integrity and accountability of state, local, and municipal governments. To support this responsibility, Florida’s Public Whistleblower Act provides important protections against retaliation for employees who report unlawful activities, gross mismanagement, waste of public funds, or threats to public safety.
These protections are designed to ensure that government employees can disclose violations without fear of retribution, provided the information is disclosed properly and to the appropriate authorities. Whether filing a complaint, participating in an investigation, or refusing to engage in prohibited actions, public employees have rights to legal remedies such as reinstatement, back pay, and other compensatory benefits.
While federal employees are not covered under Florida’s whistleblower law, they have separate protections under federal laws. Understanding these distinctions is key to ensuring public employees can take action to expose wrongdoing while protecting their careers and livelihoods.
Public Whistleblowers Frequently Asked Questions
State, local and municipal government employees are protected from retaliation if they expose:
- Violations of law, rules or regulations
- Gross mismanagement
- Gross waste of public funds
The protection depends on three factors:
- Nature of Information Disclosed:
- Violations that create substantial danger to public health, safety, or welfare
- Acts of gross mismanagement, malfeasance, misfeasance
- Gross waste of public funds
- Suspected or actual Medicaid fraud or abuse
- Gross neglect of duty
- How Information is Disclosed:
- Submit a signed written complaint (emails count)
- Participate in investigations or hearings
- Refuse to participate in prohibited actions
- File through whistleblower hotline
- Submit complaints to supervisory officials or Inspector General
- File with Florida Commission on Human Relations
- Proper Recipients of Disclosure:
- Agencies with authority to investigate or remedy violations
- Florida Commission on Human Relations
- Whistleblower hotline
- For local government: chief executive officer or appropriate local official
Important Note: Employees who participated in unlawful activities, even under the direction of superiors, are NOT protected.
State Employees:
File with Florida Commission on Human Relations within 60 days of knowing about retaliatory action.
Local Government Employees:
- 60-day deadline if local government has established procedures or contracts with Florida Division of Administrative Hearings
- 180-day deadline if no administrative procedures exist
- Reinstatement with full benefits and seniority
- Back pay and lost wages
- Benefits and other remuneration
- Injunctive relief
- Temporary reinstatement during case
- Attorneys’ fees and costs
No. Federal employees have separate federal whistleblower protections.
Several laws provide protection for specific types of whistleblowing:
- Affordable Care Act
- Clean Air Act
- Safe Drinking Water Act
- Solid Waste Disposal Act
- National Transit System Safety Act
- Environmental Response and Liability Act
- Federal Water Pollution Control Act
- Asbestos Hazard Emergency Response Act
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