112.3189 Investigative procedures upon receipt of whistle-blower information from certain state employees.—
(1) This section only applies to the disclosure of information as described in s. 112.3187(5) by an employee or former employee of, or an applicant for employment with, a state agency, as the term “state agency” is defined in s. 216.011, to the Office of the Chief Inspector General of the Executive Office of the Governor or to the agency inspector general. If an agency does not have an inspector general, the head of the state agency, as defined in s. 216.011, shall designate an employee to receive information described in s. 112.3187(5). For purposes of this section and s. 112.3188 only, the employee designated by the head of the state agency shall be deemed an agency inspector general.
(2) To facilitate the receipt of information described in subsection (1), the Chief Inspector General shall maintain an in-state toll-free whistle-blower’s hotline and shall circulate among the various state agencies an advisory for all employees which indicates the existence of the toll-free number and its purpose and provides an address to which written whistle-blower information may be forwarded.
(3) When a person alleges information described in s. 112.3187(5), the Chief Inspector General or agency inspector general actually receiving such information shall within 20 days of receiving such information determine:
(a) Whether the information disclosed is the type of information described in s. 112.3187(5).
(b) Whether the source of the information is a person who is an employee or former employee of, or an applicant for employment with, a state agency, as defined in s. 216.011.
(c) Whether the information actually disclosed demonstrates reasonable cause to suspect that an employee or agent of an agency or independent contractor has violated any federal, state, or local law, rule, or regulation, thereby creating and presenting a substantial and specific danger to the public’s health, safety, or welfare, or has committed an act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, or gross neglect of duty.
(4) If the Chief Inspector General or agency inspector general under subsection (3) determines that the information disclosed is not the type of information described in s. 112.3187(5), or that the source of the information is not a person who is an employee or former employee of, or an applicant for employment with, a state agency, as defined in s. 216.011, or that the information disclosed does not demonstrate reasonable cause to suspect that an employee or agent of an agency or independent contractor has violated any federal, state, or local law, rule, or regulation, thereby creating and presenting a substantial and specific danger to the public’s health, safety, or welfare, or has committed an act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, or gross neglect of duty, the Chief Inspector General or agency inspector general shall notify the complainant of such fact and copy and return, upon request of the complainant, any documents and other materials that were provided by the complainant.
(5)(a) If the Chief Inspector General or agency inspector general under subsection (3) determines that the information disclosed is the type of information described in s. 112.3187(5), that the source of the information is from a person who is an employee or former employee of, or an applicant for employment with, a state agency, as defined in s. 216.011, and that the information disclosed demonstrates reasonable cause to suspect that an employee or agent of an agency or independent contractor has violated any federal, state, or local law, rule, or regulation, thereby creating a substantial and specific danger to the public’s health, safety, or welfare, or has committed an act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, or gross neglect of duty, the Chief Inspector General or agency inspector general making such determination shall then conduct an investigation, unless the Chief Inspector General or the agency inspector general determines, within 30 days after receiving the allegations from the complainant, that such investigation is unnecessary. For purposes of this subsection, the Chief Inspector General or the agency inspector general shall consider the following factors, but is not limited to only the following factors, when deciding whether the investigation is not necessary:
1. The gravity of the disclosed information compared to the time and expense of an investigation.
2. The potential for an investigation to yield recommendations that will make state government more efficient and effective.
3. The benefit to state government to have a final report on the disclosed information.
4. Whether the alleged whistle-blower information primarily concerns personnel practices that may be investigated under chapter 110.
5. Whether another agency may be conducting an investigation and whether any investigation under this section could be duplicative.
6. The time that has elapsed between the alleged event and the disclosure of the information.
(b) If the Chief Inspector General or agency inspector general determines under paragraph (a) that an investigation is not necessary, the Chief Inspector General or agency inspector general making such determination shall:
1. Copy and return, upon request of the complainant, any documents and other materials provided by the individual who made the disclosure.
2. Inform in writing the head of the state agency for the agency inspector general making the determination that the investigation is not necessary and the individual who made the disclosure of the specific reasons why an investigation is not necessary and why the disclosure will not be further acted on under this section.
(6) The agency inspector general may conduct an investigation pursuant to paragraph (5)(a) only if the person transmitting information to the agency inspector general is an employee or former employee of, or an applicant for employment with, the agency inspector general’s agency. The agency inspector general shall:
(a) Conduct an investigation with respect to the information and any related matters.
(b) Submit to the complainant and the Chief Inspector General, within 60 days after the date on which a determination to conduct an investigation is made under paragraph (5)(a), a final written report that sets forth the agency inspector general’s findings, conclusions, and recommendations, except as provided under subsection (11). The complainant shall be advised in writing by the agency head that the complainant may submit to the Chief Inspector General and agency inspector general comments on the final report within 20 days of the date of the report and that such comments will be attached to the final report.
(7) If the Chief Inspector General decides an investigation should be conducted pursuant to paragraph (5)(a), the Chief Inspector General shall either:
(a) Promptly transmit to the appropriate head of the state agency the information with respect to which the determination to conduct an investigation was made, and such agency head shall conduct an investigation and submit to the Chief Inspector General a final written report that sets forth the agency head’s findings, conclusions, and recommendations; or
(b)1. Conduct an investigation with respect to the information and any related matters; and
2. Submit to the complainant within 60 days after the date on which a determination to conduct an investigation is made under paragraph (5)(a), a final written report that sets forth the Chief Inspector General’s findings, conclusions, and recommendations, except as provided under subsection (11). The complainant shall be advised in writing by the Chief Inspector General that the complainant may submit to the Chief Inspector General comments on the final report within 20 days of the date of the report and that such comments will be attached to the final report.
(c) The Chief Inspector General may require an agency head to conduct an investigation under paragraph (a) only if the information was transmitted to the Chief Inspector General by:
1. An employee or former employee of, or an applicant for employment with, the agency that the information concerns; or
2. An employee who obtained the information in connection with the performance of the employee’s duties and responsibilities.
(8) Final reports required under this section must be reviewed and signed by the person responsible for conducting the investigation (agency inspector general, agency head, or Chief Inspector General) and must include:
(a) A summary of the information with respect to which the investigation was initiated.
(b) A description of the conduct of the investigation.
(c) A summary of any evidence obtained from the investigation.
(d) A listing of any violation or apparent violation of any law, rule, or regulation.
(e) A description of any action taken or planned as a result of the investigation, such as:
1. A change in an agency rule, regulation, or practice.
2. The restoration of an aggrieved employee.
3. A disciplinary action against an employee.
4. The referral to the Department of Law Enforcement of any evidence of a criminal violation.
(9)(a) A report required of the agency head under paragraph (7)(a) shall be submitted to the Chief Inspector General and the complainant within 60 days after the agency head receives the complaint from the Chief Inspector General, except as provided under subsection (11). The complainant shall be advised in writing by the agency head that the complainant may submit to the Chief Inspector General comments on the report within 20 days of the date of the report and that such comments will be attached to the final report.
(b) Upon receiving a final report required under this section, the Chief Inspector General shall review the report and determine whether the report contains the information required by subsection (8). If the report does not contain the information required by subsection (8), the Chief Inspector General shall determine why and note the reasons on an addendum to the final report.
(c) The Chief Inspector General shall transmit any final report under this section, any comments provided by the complainant, and any appropriate comments or recommendations by the Chief Inspector General to the Governor, the Legislative Auditing Committee, the investigating agency, and the Chief Financial Officer.
(d) If the Chief Inspector General does not receive the report of the agency head within the time prescribed in paragraph (a), the Chief Inspector General may conduct the investigation in accordance with paragraph (7)(b) or request that another agency inspector general conduct the investigation in accordance with subsection (6) and shall report the complaint to the Governor, to the Joint Legislative Auditing Committee, and to the investigating agency, together with a statement noting the failure of the agency head to file the required report.
(10) For any time period set forth in subsections (3), (6), (7), and (9), such time period may be extended in writing by the Chief Inspector General for good cause shown.
(11) If an investigation under this section produces evidence of a criminal violation, the report shall not be transmitted to the complainant, and the agency head or agency inspector general shall notify the Chief Inspector General and the Department of Law Enforcement.
...ount
after determining there was no dispute of material fact that Rustowicz did
not make protected disclosures (1) in a signed written complaint or (2) to
the appropriate official. As to the Whistleblower count, we determine the
1 Sections 112.3187-112.31895, Florida Statutes (2013), is Florida’s Whistle-
blower’s Act....
...ile
any written complaint to their supervisory officials or
employees who submit a complaint to the Chief Inspector
General in the Executive Office of the Governor, to the
employee designated as agency inspector general under s.
112.3189(1), or to the Florida Commission on Human
Relations.
§ 112.3187(7), Fla....
...Legal Affairs; and (5)
file any written complaint to their supervisory officials or employees who
submit a complaint to the Chief Inspector General in the Executive Office
of the Governor, to the employee designated as agency inspector general
under section 112.3189(1), or to the Florida Commission on Human
Relations.
Rustowicz argued to the trial court, although not extensively, that she
was protected because of her participation in the investigation of CEO L’s
expenditures....
...ate, police,
manage, or otherwise remedy the violation or act, including,
but not limited to, the Office of the Chief Inspector General,
an agency inspector general or the employee designated as
agency inspector general under s. 112.3189(1) or inspectors
general under s. 20.055, the Florida Commission on Human
Relations, and the whistle-blower's hotline created under s.
112.3189....
...The Commission determined that it did not have jurisdiction to investigate her complaint, because the College was not a "state agency" within the meaning of section 216.001, Florida Statutes (2002). The Commission's jurisdiction to investigate whistle-blower complaints is circumscribed by section 112.31895(1)(a)....
...This limitation is reflected in section 112.3187(8)(a) which indicates that the remedy for a whistle-blower violation available to an employee of a state agency, "as the term `state agency' is defined in s. 216.011," begins with the filing of a complaint with the Commission. See § 112.3189(1) (setting investigative procedures upon the disclosure of "information as described in s....
...tion to investigate Caldwell's whistle-blower complaint. We hold that the board of trustees of the College is not a board of "the executive branch of state government" within the meaning of section 216.011(1)(qq), so it is not a "state agency" under section 112.31895(1)(a)....
...ct to the prohibitions contained in section 112.3187 of the Whistle-blower's Act; that definition is broader than the section 216.011 definition of "state agency," which determines whether the Commission is authorized to investigate complaints under section 112.31895(1)(a)....
Cited 3 times | Published | Florida 4th District Court of Appeal | 1997 WL 699021
...3d DCA 1996), in which plaintiff, a police officer, had brought a whistle blower action against the city and individual police officers. The trial court dismissed the claims against the individuals, and plaintiff appealed. The third district affirmed because the provision of the statute which affords relief, section 112.3189(9), does not authorize relief against anyone other than the agency....
...ct of duty on the part of a public officer or agency. 1 The Act prohibits adverse action being taken against an employee who discloses information of a specified nature and provides a remedy for an employee against whom such action has been taken. 2 Section 112.3189 , F.S., establishes investigative procedures to be followed upon receipt of whistle-blower information from certain state employees. Section 112.31895 , F.S., establishes investigative procedures in response to prohibited personnel actions....
...Office of the Governor (Chief Inspector General), the Department of Legal Affairs, or the Office of the Public Counsel (Public Counsel) within 60 days after the prohibited personnel action. Within three working days after receiving a complaint under s. 112.31895 , F.S., the officer or office receiving the complaint is required to acknowledge receipt of the complaint and to provide copies of the complaint and any other preliminary information to each of the above named offices. 3 Pursuant to s. 112.31895 (3), the Public Counsel is empowered, among other things, to receive and investigate complaints from employees alleging retaliation by state agencies as the term "state agency" is defined in s....
...revent the imminent commission of a crime, or the disclosure is unavoidable and absolutely necessary during the course of the audit, evaluation, or investigation. 6 Section 112.3188 (2)(a), F.S., provides: (2)(a) Except as specifically authorized by s. 112.3189 , all information received by the Chief Inspector General, an agency inspector general, or chief internal auditors or information produced or derived from fact finding or other investigations conducted by the Department of Legal Affairs,...
...Rather it is information received by the office that initiates the office's investigation as to whether a retaliatory personnel action has been taken by an agency. In 1993 the Legislature amended the Act and s. 112.3188 , F.S., was rewritten. 9 A provision similar to s. 112.3188 (2)(a), F.S., was contained in s. 112.3189 (11), F.S....
...112.3188 , F.S., which provides for the confidentiality of whistleblower information when received by the Chief Inspector General, internal auditors, and inspectors general. The major revisions to this section of the law would result from transferring existing statutory language from subsections (10) and (11) of s. 112.3189 , F.S., 1992 Supp., to s....
...er's hotline; or employees who file any written complaint to their supervisory officials or employees who submit a complaint to the Chief Inspector General in the Executive Office of the Governor, to the employee designated as agency inspector under s. 112.3189 (1), or to the Office of the Public Counsel....
...The provisions of this section may not be used by a person while he is under the care, custody, or control of the state correctional system, with respect to circumstances that occurred during any period of incarceration. No remedy or other protection under ss. 112.3187 - 112.31895 applies to any person who has committed or intentionally participated in committing the violation or suspected violation for which protection under ss. 112.3187 - 112.31895 is being sought. 3 Section 112.31895 (1)(b), F.S....
...are. (b) Any act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, or gross neglect of duty committed by an employee or agent of an agency or independent contractor. 9 See, Ch. 93-57, Laws of Florida. 10 Section 112.3189 (11), F.S. (1992 Supp.), provided: Except as specifically authorized in [s. 112.3189 ], or as expressly waived by the complainant, all information received by the Chief Inspector General in the Executive Office of the Governor, agency inspector general, or chief internal auditor, or produced from fact-finding or other investigations conducted by the Department of Legal Affairs, the Office of Public Counsel, or the Department of Law Enforcement, under this section or s. 112.31895 is confidential and exempt from s....
