Florida Whistleblower Laws

Reporting illegal or unethical conduct at work in Florida gives you protection from employer retaliation. Florida law provides two main sets of whistleblower protections, with one for public employees and another for private-sector workers. Which law applies depends on whether you work for a government agency or a private business.

Speaking up about wrongdoing in the workplace can sometimes affect your job security. Florida law offers protections for employees who report misconduct. The rules may differ for government and private-sector workers.

If you believe your employer has retaliated against you for reporting an illegal activity, consider speaking with an employment attorney. An attorney can review your situation and explain your options.

What Is a Whistleblower?

A whistleblower is an employee, former employee, or job applicant who reports conduct they reasonably believe breaks the law or threatens public welfare. Refusing to take part in unlawful activity can also qualify someone as a whistleblower.

Protected disclosures can involve a wide range of misconduct, including:

• Violations of federal, state, or local laws that create a substantial and specific danger to public health, safety, or welfare
• Workplace safety hazards
• Fraud, including Medicaid fraud and abuse
• Gross mismanagement, malfeasance, or misfeasance by a public agency
• Gross waste of public funds
• Gross neglect of duty by a public officer or employee

Whistleblowing can take several forms. These include filing a signed, written complaint with a regulatory agency, cooperating in a government investigation, or testifying before a tribunal. It can also mean refusing to participate in unlawful activity or reporting the issue internally to a supervisor or inspector general.

Florida‘s Two Whistleblower Statutes

Florida has two separate whistleblower statutes that apply to different types of employers. The Public-Sector Whistleblower’s Act covers employees and applicants of state agencies and local government bodies. It also covers certain independent contractors who do business with the government. The Florida Private Sector Whistleblower’s Act covers private employees at companies with 10 or more workers.

Both laws bar employers from retaliating against employees who make protected reports. Retaliation includes firing, demotion, suspension, discipline, or harassment. It involves any other negative change in employment conditions because of whistleblowing. The two statutes have different procedures, deadlines, and definitions. Which law applies depends on whether you work in the public or private sector.

Protections for Private Employees

The Private Sector Whistleblower’s Act covers most for-profit and nonprofit employers in Florida with 10 or more employees. Independent contractors are not considered employees under this law.

Three Types of Protected Activity

Private employers cannot retaliate against employees who do any of the following:

• Reported, or signaled an intent to report, an employer activity, policy, or practice that violates a law, rule, or regulation to an appropriate governmental agency
• Provided information or testified before any governmental agency or person conducting an investigation, hearing, or inquiry into the employer’s conduct
• Objected to or refused to participate in any employer activity, policy, or practice that violates a law, rule, or regulation

Florida‘s private-sector statute defines “law, rule, or regulation” broadly. It covers any state laws or ordinances. It also includes other regulations or rules adopted by federal or state law, or by local ordinance, that apply to employers and relate to the business.

Written Notice Requirement

If you plan to disclose or threaten to disclose information to a government agency, you usually need to give your employer written notice of the suspected violation first. You must also give your employer a chance to fix it. This written notice is not required if you are providing information or testifying in a government investigation. It is also not required if you object to or refuse to participate in the activity.

The “Actual Violation” Standard

Florida appellate courts disagree on what an employee must prove to bring a claim. Some courts require proof of an actual legal violation. Others hold that a good-faith, objectively reasonable belief is enough. The First and Second District Courts of Appeal require proof of an actual violation. The Fourth District accepts a reasonable-belief standard. Until the Florida Supreme Court decides, the outcome depends on where your case is filed.

Protections for Public Employees

Public employees in Florida are governed by the Public-Sector Whistleblower’s Act. This law covers a broader range of misconduct than the private-sector statute.

Who Is Covered?

The public-sector statute covers employees and applicants of any state agency. It also covers local public employees, including those from cities, counties, school districts, and special districts. Employees of independent contractors who provide goods or services to a public employer are also covered.

Protected Disclosures

A public employee is protected when they report a violation or suspected violation of relevant laws that creates significant danger to safety, welfare, or public health. To qualify for protection, the employee must engage in one of several protected activities under the statute. These include filing a signed, written complaint on the employee’s own initiative, participating in a government investigation when requested, refusing to take part in a prohibited adverse action, or initiating a complaint through a whistleblower hotline.

Reports to a supervisor or an agency inspector general are also protected. So are reports to the Chief Inspector General in the Executive Office of the Governor or the Florida Commission on Human Relations.

Key Differences from Private-Sector Protections

Public employees are not required to give their employer written notice before making a disclosure. The law also covers a wider range of disclosures, such as gross mismanagement and waste of public funds, which are not covered under the private-sector statute. Public employees must follow a specific administrative complaint process before filing a civil lawsuit.

What Counts as Retaliation?

Both Florida statutes broadly define retaliation. An employer cannot dismiss, demote, suspend, discipline, harass, or take any other adverse personnel action against an employee because of protected whistleblowing. Common examples include:

• Firing or laying off the employee
• Cutting pay or demoting the worker
• Reassigning them to less desirable shifts, locations, or duties
• Excluding them from meetings, training, or promotions
• Issuing unwarranted negative performance reviews
• Subjecting the worker to hostile treatment or harassment

Courts examine the timing between protected activity and any negative employment action. A short gap between the two, along with a sudden change in how an employee is treated, can strongly suggest retaliation.

How To File a Whistleblower Complaint

Procedures and deadlines vary based on whether you work for a state agency, local government, or private employer. Let’s take a closer look at each type.

• State agency employees: State employees must file a complaint with the Florida Commission on Human Relations (FCHR). It should be no later than 60 days after the prohibited personnel action. After the FCHR completes or terminates its investigation, the employee receives a notice. From that point, the employee has 180 days to act. They may pursue the administrative remedy through the Public Employees Relations Commission, bring a civil action in court, or both.
• Local government employees: Complaints must be filed with the appropriate local governmental authority. The timeframe to file is within 60 days of the prohibited action. This applies only if the local government has established an administrative procedure. After a final decision, the employee has 180 days to file a civil action. If the local authority has not adopted an administrative procedure, the employee may file a civil action within 180 days of the violation itself.
• Private employees: Private-sector employees don’t need to file with the FCHR. A worker can file a civil lawsuit directly in state circuit court. The lawsuit must be filed within two years of the employee discovering the retaliatory action or within four years after the action was taken, whichever is earlier.

If you choose to bring a civil action to court, consider speaking with an employment attorney for legal guidance.

Documents To Gather

Supporting documentation is important for both public and private claims. Helpful records include written reports of the violation, copies of notices to the employer, performance reviews, and disciplinary records. Also useful are communications showing the employer’s response and contact information for witnesses.

What Remedies are Available?

A successful whistleblower may be entitled to several forms of relief under Florida statutes, including:

• Reinstatement to the same or an equivalent position
• Back pay, with interest in many cases
• Restoration of lost benefits, including seniority
• Compensation for lost wages
• Reasonable attorney’s fees and litigation costs
• Injunctive relief to stop ongoing retaliation
• Temporary reinstatement during proceedings (available in the public sector, but not for municipal employees)

In private-sector cases, a court can order the losing party to pay the other side’s attorney’s fees. An employee who loses a whistleblower case could be responsible for the employer’s reasonable fees. The public-sector law is more favorable to employees. Employers can only recover fees if the employee filed a frivolous case in bad faith.

Federal Whistleblower Protections

Federal laws may also protect Florida workers who report misconduct in certain industries or situations. If both state and federal protections apply, employees usually receive the more favorable standard.

• The Occupational Safety and Health Act (OSHA): Protects workers who report workplace safety hazards
• The Sarbanes-Oxley Act (SOX): Provides protection to employees of publicly traded companies who report securities, mail, wire, or shareholder fraud
• The False Claims Act: Allows employees to bring qui tam actions on behalf of the federal government when an employer defrauds federal programs and protects them from retaliation
• The Dodd-Frank Wall Street Reform Act: Protects employees who report securities violations to the SEC and may offer financial awards

Federal whistleblower deadlines are often shorter than those under Florida law. OSHA complaints usually must be filed within 30 days, and SOX claims within 180 days. Missing a federal deadline does not always bar a state-law claim, but it’s a risky chance to take.

Exceptions and Limitations

Whistleblower protections have limits. They do not cover knowingly false reports or bad-faith disclosures made for personal reasons. They also do not apply if a private-sector employee fails to give the required written notice. Missing a filing deadline usually bars the claim. These deadlines include 60 days, 180 days, or the two-year and four-year deadlines for private employees.

Independent contractors are not covered by the private-sector statute, although other laws may offer protection. The public-sector law also excludes people in the state correctional system’s custody.

Get Legal Help With a Whistleblower Retaliation Claim

Whistleblower cases involve strict deadlines and complex procedures. Speaking with an employment attorney familiar with the Florida Whistleblower Act is often your best option. They can help you understand the laws that apply to your case, determine if there have been any violations of law, and help you preserve your rights to file your claim. A Florida employment law attorney can help you preserve evidence and meet important deadlines with your whistleblower claim. They can also help review your options under state and federal law.