Florida Whistleblower Law
Florida courts primarily rely on the Florida Whistleblower Protection Act in providing a remedy for wrongful discharge.
Court Decisions:
- Rodriguez v. Casson Mark Corp., 2008 U.S. Dist. LEXIS 60754 (M.D. Fla. Jul. 2008) (jury trials are permitted under the Florida Whistleblower Act)
- Fox v. City of Pompano Beach, 984 So. 2d 664 (Fla. App. 2008)
- Tracey-Meddoff v. J. Altman Hair & Beauty Centre, Inc., 899 So. 2d 1167 (Fla. App. 2005)
- Kearns v. Farmer Acquisition, 157 So.3d 458 (Fla. App 2015) (upholding whistleblower claim under WPA)
Statutes:
- Florida Whistleblower Act, FL Stat § 448.101–105 (private sector)
- Florida Whistleblower Act, FL Stat § 112.3187 (public sector)
- FL Stat § 68.088–089 (lawful act)
- Investigative Procedure, FL Stat § 112.3189 (public employees)
Frequently Asked Questions
Does Florida have a False Claims Act (FCA)?
Yes. The Florida False Claims Act applies to multiple types of frauds beyond healthcare-related crimes.
Does the Florida FCA have a whistleblower provision?
Yes. State intervention in a case could leave a whistleblower with an award between 15 and 25 percent. In a case that lacks state intervention, a collection could be between 25 and 30 percent. Any indication that the claimant planned or initiated the violation may reduce the award.
Does Florida recognize the public policy exception for wrongful termination?
The courts of Florida have not recognized a public policy exception to the at-will employment doctrine. However, Florida courts have abided by the policy that any public policy exceptions to the at-will employment doctrine follow from the legislature. So, in Florida, an employer may fire an employee at any time for any reason, unless the termination is in violation of a statute.
