Florida/Georgia Personal Injury & Workers Compensation

...Any party aggrieved by the Secretary’s order may obtain review of that order in the appropriate circuit court of appeals. Under Florida’s Whistleblower Act, by contrast, plaintiffs are not required to negotiate these administrative obstacles to the adjudication of their claim in a judicial forum. See Fla. Stat. 448.103(1)(a) (“An employee who has been the object of a retaliatory personnel action in violation of this act may institute a civil action in a court of competent jurisdiction ....

...n, hearing, or inquiry into an alleged violation of a law, rule, or regulation by the employer. (3) Objected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation. [4] Section 448.103, Florida Statutes (1993), provides: Employee's remedy; relief — (1)(a) An employee who has been the object of a retaliatory personnel action in violation of this act may institute a civil action in a court of competent jurisdiction f...

...Golf Channel, 714 So.2d 558 (Fla. 5th DCA 1998), which certified conflict with the opinion in Potomac Systems Engineering, Inc. v. Deering, 683 So.2d 180 (Fla. 2d DCA 1996), regarding the interpretation of the notice provisions found in sections 448.102 and 448.103, Florida Statutes (1995), part of the Whistle-Blower Act....

...law, rule, or regulation by the employer. (3) Objected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation. § 448.102(1)-(3) (emphasis supplied). The next section, section 448.103, entitled "[e]mployee's remedy; relief," provides a cause of action for employees whose employer takes prohibited retaliatory personnel action....

...if he failed to notify the employer about the illegal activity, policy, or practice as required by s. 448.102(1) or if the retaliatory personnel action was predicated upon a ground other than the employee's exercise of a right protected by this act. § 448.103(1) (emphasis supplied). The issue in this case is whether employees whose whistle-blower claims are based on retaliatory personnel action prohibited by subsections 448.102(2) and (3) are required by section 448.103 to give their employers written notice as a prerequisite to maintaining a cause of action for retaliatory personnel action. BACKGROUND Martin Jenkins brought a whistle-blower claim under section 448.103 against his employer, The Golf Channel, Inc....

...te supervisor instructed him not to do so. The trial court dismissed Jenkins' complaint for failing to state a cause of action because Jenkins had not first provided his employer with written notice of his objections to the activities as required by section 448.103(1)(c)....

...ortunity to cure the unlawful activity prior to bringing a whistle-blower claim based on subsections 448.102(2) or (3). Both the Fifth and Third Districts agree that the written notice and opportunity to cure provisions of subsections 448.102(1) and 448.103(1)(c) apply only to claims that the employee suffered retaliatory personnel action for the disclosure of the employer's unlawful activities as prohibited by subsection 448.102(1)....

...v. Longboat Key Beach Erosion Control Dist., 604 So.2d 452, 454 (Fla.1992). However, we agree with Jenkins that statutory construction is required because although the written notice requirement of subsection 448.102(1) is clear and unambiguous, subsection 448.103(1)(c) creates an ambiguity requiring statutory construction as to whether that written notice requirement extends to all whistle-blower claims....

...rt of the terms employed to express it in a particular part of the law, that intent should prevail, for that, in fact is the will of the Legislature." Forsythe, 604 So.2d at 454 (quoting Van Pelt, 75 Fla. at 799, 78 So. at 695). Sections 448.102 and 448.103 are closely related. Section 448.102 sets forth the types of retaliatory personnel action that are prohibited by the Act, and section 448.103 provides the remedy to compensate employees if their employers take prohibited retaliatory personnel action. In fact, subsection 448.103(1)(c) specifically incorporates the written notice provision of subsection 448.102(1)....

...91-285, Laws of Fla.; see also § 1.04, Fla.Stat. (1995) ("Acts passed during the same legislative session and amending the same statutory provision are in pari materia, and full effect should be given to each, if that is possible."). Thus, sections 448.102 and 448.103 should be construed together "so that they illuminate each other and are harmonized." McGhee v....

...claims brought pursuant to subsections 448.102(2) or (3). While the language of section 448.102 plainly differentiates between three different types of prohibited employer conduct and requires written notice only with regard to disclosure claims, subsection 448.103(1)(c) creates an ambiguity as to whether the Legislature intended to extend that written notice requirement to assistance and objection claims....

...ght pursuant to this subsection if he failed to notify the employer about the illegal activity, policy, or practice as required by s. 448.102(1). ..." (Emphasis supplied.) The interpretation given by the Second District in Potomac Systems is that subsection 448.103(1)(c) incorporates the written notice requirement of subsection 448.102(1) to apply to "any action" brought pursuant to subsection 448.103(1), regardless of whether the claim is based on a violation of subsection 448.102(1), (2), or (3)....

...e meaningless." Forsythe, 604 So.2d at 456. Further, if the Legislature had in fact intended a written notice provision as a prerequisite for all claims pursuant to section 448.102, it could have clearly and expressly stated that intention within subsection 448.103(1)(c), without referring back to the specifically tailored notice requirement of subsection 448.102(1)....

...Subsection 448.102(1) unambiguously provides for the written notice requirement only as to claims based on "this subsection," and similar notice language is expressly excluded from subsections (2) and (3). By referring back to the limited written notice requirement in subsection 448.102(1), the phrase "any action" in subsection 448.103(1)(c) thus refers only to actions brought pursuant to subsection 448.102(1)....

...[4] Further, statutory limitations on remedial statutes should be narrowly construed. See Samara Dev. Corp. v. Marlow, 556 So.2d 1097, 1100 (Fla.1990); Farley v. Collins, 146 So.2d 366, 368 (Fla. 1962). Thus, under these established principles of statutory construction, any ambiguities in paragraph 448.103(1)(c) should be liberally construed in favor of granting access to the remedy provided by the Legislature....

...See Appeal of Bio Energy Corp., 135 N.H. 517, 607 A.2d 606 (1992) (construing a whistle-blower statute in New Hampshire that required written or verbal notice to the employer prior to disclosing the unlawful activity to a third party). In contrast, an interpretation of subsection 448.103(1)(c) that would require employees to give their employers written notice prior to assisting with an ongoing investigation or before objecting to an unlawful activity would not serve the purposes supporting the written notice requirement in the disclosure context....

...we construe the requirement that employees give *568 their employers written notice as applying only to disclosure claims brought pursuant to subsection 448.102(1), based on retaliation for the employee's disclosure of unlawful activity. Because subsection 448.103(1)(c) incorporates the limited notice provision of subsection 448.102(1), this requirement does not apply to assistance claims brought pursuant to subsection 448.102(2) based on retaliation for the employee's assistance in an ongoing...

...It is so ordered. HARDING, C.J., and SHAW, WELLS, ANSTEAD and LEWIS, JJ., concur. QUINCE, J., dissents with an opinion. QUINCE, J., dissenting. I disagree with the majority's resolution of this case because I am concerned that their interpretation of section 448.103(1)(c) has rendered meaningless the language "may not recover in any action brought pursuant to this subsection." The majority opines that the "any action" language refers to any action brought pursuant to section 448.102(1). However, this interpretation ignores the "pursuant to this subsection" portion of the sentence. This subsection is section 448.103(1), and is applicable to all causes of action, whether the action is for retaliation based on 448.102(1), (2) or (3)....

...As the Second District pointed out in Potomac Systems Engineering, Inc. v. Deering, 683 So.2d 180 (Fla. 2d DCA 1996), an interpretation of the statutes which requires notice to be given only when an action is brought pursuant to section 448.102(1) renders meaningless the language of section 448.103(1)(c). As the Second District said: Section 448.103(1)(a) provides a civil cause of action to employees who have been the object of a retaliatory personnel action, but only if proper notice is given. Section 448.103(1)(c) provides: An employee may not recover in any action brought pursuant to this subsection if he failed to notify the employer about the illegal activity, policy, or practice as required by s....

...ule, or regulation, and is claiming protection pursuant to section 448.102(3) and not pursuant to section 448.102(1). If we were to accept this position, because section 448.102(1) already requires written notice, we would be finding that portion of section 448.103(1)(c) which requires written notice has no meaning....

...scribed in subsections 448.102(2) and (3). However, nothing would prevent the employee from giving notice after testifying, etc., or after refusing to participate in the activity. The employer would have a belated opportunity to cure. I believe that section 448.103(1)(c) makes the notice requirement applicable to all subsections of section 448.102....

...se the employee had been unable to give written notice to the employer prior to objecting to an unlawful activity or assisting with an ongoing investigation. However, during oral argument, Golf Channel also posited for the first time that because subsection 448.103(1)(c) extends only the written notice requirement as a prerequisite to assistance and objection claims, and not the opportunity to cure requirement, the employers could be given written notice after the retaliatory action was taken....

...— Cheat, also a third degree felony; c. Section 812.017 — Use of a fraudulently obtained or false receipt, a [misdemeanor] of the second degree; and, d. Section 812.014 — Theft, a felony of varying degrees. As his prayer for relief, Aery tracked the language of Section 448.103(2), and requested, among other things, “[c]ompensation for lost wages, benefits, and other remuneration; and ......

...When a plaintiff prevails on a private-sector FWA claim, “the court may order relief’ in the form of, inter alia, “[c]ompensation for lost wages, benefits, and other remuneration” and “[a]ny other compensatory damages allowable at law.” § 448.103(2)(d)-(e), Fla. Stat. (2005). The plain and unambiguous language of section 448.103(2)(e) “authorizes the court to award compensatory damages” without limitation to mere “economic damages,” since any other interpretation “would render the catch-all provision of subsection (e) meaningless.” Wood v. Cellco P’ship, No. 8:06-CV-687-T-27TBM, 2007 WL 917300 , at *5 (M.D.Fla. Mar.23, 2007). As a result, given the FWA’s liberal construction, damages in the form of emotional distress are recoverable under section 448.103(2)(e) as a form of compensatory damage....

...This Court notes, however, that the Florida Rules of Civil Procedure do not require plaintiffs to demand a specific amount of damages in their complaints. [4] See Fla.R.Civ.P. 1.110 cmt. In Florida, employees that have been the object of retaliatory personnel action are provided with certain remedies. See Fla.Stat. § 448.103 (1997). Under section 448.103(2): In any action brought pursuant to subsection (1), the court may order relief as follows: (a) An injunction restraining continued violation of this act....

...§ 1332(a), interest and costs are excluded when determining the amount in controversy. Therefore, this Court will not consider Plaintiff's request for prejudgment interest. Attorney's fees will also not be considered. First, attorney's fees are not listed as a remedy available to employees under Fla. Stat. § 448.103....

...the employer which is in violation of a law, rule, or regulation." Id. § 448.102(3). An employee who has been the object of a retaliatory personnel action has a cause of action for damages, reinstatement, and injunctive relief. Id. §§ 448.101(5), 448.103; see also Forrester v....

...Phipps, Inc., 643 So.2d 1109 (Fla. 1st DCA 1994). Baiton alleges that he was fired for refusing to lie under oath. Since perjury is a crime, see §§ 837.012, 837.02, Fla. Stat. (1993), Baiton asserts that his allegations state a cause of action under section 448.103....

...ation, hearing, or inquiry into an alleged violation of a law, rule, or regulation by the employer. (3) Objected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation. 448.103 Employee's remedy; relief....

...Similarly, if the employee brings a lawsuit against the employer alleging a violation of subsection 448.102(1), the employee may not recover "if he failed to notify the employer about the illegal activity, policy, or practice as required by s. 448.102(1)." Id. § 448.103(1)(c) (emphasis added)....

...ed to notify the employer about the illegal activity, policy, or practice as required by § 448.102(1) or if the retaliatory personnel action was predicated upon a ground other than the employee's exercise of a right protected by this act. Fla.Stat. § 448.103(1)(c)....

...g, the Legislature specifically states that suit must be filed "within 2 years after discovering that the alleged retaliatory personnel *1367 action was taken, or within 4 years after the personnel action was taken, whichever is earlier." Fla. Stat. § 448.103(1)(a) (emphasis added)....

...g for a new trial); Edenfield v. Martin County, 583 So.2d 1097, 1098 (Fla. 4th DCA 1991) (reversing summary judgment in action under the Act and remanding for a jury trial). Most courts that considered the question of the right to a jury trial under section 448.103, Florida Statutes, which creates a cause of action for retaliation against whistle blowers by private employers, decided in favor of such a right....

...(2004) (emphasis added). The private-sector act provides that "the court may order relief" in the form of, among other things, "[c]ompensation for lost wages, benefits, and other remuneration" and "[a]ny other compensatory damages allowable at law." § 448.103(2)(d)-(e), Fla....

...446, 447-48 (1859); Anglin, 721 So.2d at 783; Asian Imps., Inc. v. Pepe, 633 So.2d 551, 552 (Fla. 1st DCA 1994). [5] Nothing in the private-sector act supports the view that the "[c]ompensation for lost wages, benefits, and other remuneration," mentioned in section 448.103(2)(d), can be viewed as equitable relief as opposed to compensatory damages. On the contrary, the private-sector act's provision for "[a]ny other compensatory damages allowable at law," § 448.103(2)(e) (emphasis supplied), implies that the "[c]ompensation for lost wages, benefits, and other remuneration" provided for in subpart (2)(d) comprise the "compensatory damages allowable at law" referenced in subpart (2)(e)....

...Claim Act action. As such, Count I of the Complaint should not be dismissed for failure to state a claim on which relief may be granted. COUNT II Defendant challenges Plaintiff's Count II complaint of a violation of the Florida Whistleblower's Act, § 448.103(1)....

...ument concerning pendent jurisdiction is therefore moot. Towers claims that Robinson has failed, in her complaint, to allege that she was terminated by the Defendant, or that Towers took any retaliatory action against her as required by the statute. Section 448.103(1) of the Florida Statute states that "retaliatory personnel action" includes not only wrongful discharge, but also harassment, threats of demotion, and reprimand....

...We do not agree with Akre's contention that this same standard should apply to an action brought under Florida's whistleblower's statute. We are not persuaded that the reasons cited by the Christiansburg Court for applying different standards to prevailing plaintiffs and defendants apply to cases brought under section 448.103....

...§ 448.102, Fla. Stat. (2004). Rivera alleges that she objected to an illegal activity (i.e., sexual harassment) and was fired in retaliation. On its face, this claim clearly appears to state a cause of action under the Act's civil remedy provision. See § 448.103, Fla....

...The remedy provisions of the two acts are dissimilar, mainly in that an FCRA claim must be brought administratively within a year of the violation, whereas a Whistleblower's claim can be brought directly to court within the shorter of two years of discovery or four years of the complained of action. See §§ 448.103; 760.11, Fla....

...cies or practices of the employer which are "in violation of a law, rule, or regulation." § 448.102(3), Fla. Stat. (2006). Miñagorri seeks equitable and monetary relief provided under the Act, including front pay and reinstatement to her position. § 448.103(2), Fla....

...igation, hearing, or inquiry into an alleged violation of a law, rule or regulation by the employer. (3) Objected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule or regulation. 448.103....

...rrectly dismissed Jenkins' complaint. [1] The notice requirement of section 448.102, when read apart from section 408.103, appears to apply only to subsection (1). Notice and opportunity to cure is not mentioned in the other subsections. However, subsection 448.103(1), setting forth an employee's remedy for being the victim of retaliatory conduct by an employer, creates an ambiguity or uncertainty as to whether the notice provision is limited to violations of subsection (1) of section 448.102, or whether it applies to all three types of whistle blower violations described in section 448.102. Paragraph (c) of subsection 448.103(1) provides that an employee may not recover in any action if he fails to notify his employer "as required by section 448.102(1)." One conclusion that could be drawn is that paragraph (c) of subsection 448.102(1) incorporates the notice requirement to all three types of actions....

...Similarly, if the employee brings a lawsuit against the employer alleging a violation of subsection 448.102(1), the employee may not recover `if he failed to notify the employer about the illegal activity, policy, or practice as required by s. 448.102(1).' Id. § 448.103(1)(c) [emphasis in original] [footnote omitted]....

...Blower's Act because he did not provide written notice. Deering contended that an employee's cause of action does not depend on written notice unless the employee is acting pursuant to section 448.102(1). The second district rejected this argument: Section 448.103(1) affords a remedy to employees who have been retaliated against for actions they have taken pursuant to either section 448.102(1), 448.102(2) or 448.102(3). This remedy is only available, however, if the employee has complied with section 448.103(1)(c). We read section 448.103(1)(c) to provide that an employee may not recover in any action brought pursuant to section 448.103(1) if he fails to notify the employer about the illegal activity, policy, or practice as required by section 448.102(1), i.e, in writing, bringing the activity, policy, or practice to the attention of a supervisor or the employer and...

...m appears to be a question of first impression in Florida. The Court finds that the plain language of the statute imposes a written notice and opportunity to cure requirement as an element of proof in every private sector whistleblower claim because 448.103(1)(c) incorporates the notice provision set forth in 448.102(2)....

...If the legislature, for some reason, meant to require the employee to protest the termination after the fact with a written notice addressed generally to the employer, it has missed the mark with the confusing language of this statute. The ambiguity in sections 448.102 and 448.103 can be resolved by recognizing that each section operates in its own sphere....

...Under subsection 448.102(1), retaliatory action against an employee who has disclosed or threatens to disclose, in writing and under oath, information to a government agency regarding an illegal activity is prohibited only if the required notice and opportunity to cure has been given. Section 448.103 provides for the remedies and relief available when the prohibited retaliatory acts set forth in section 448.102 occur. We conclude paragraph (c) of subsection 448.103(2), read in pari materia with section 448.102 and the other portions of section 448.103, and in light of the general intent behind the Whistle Blower's Act, can only reasonably be interpreted as meaning that written notice and opportunity to cure as a precondition to bringing suit only applies to alleged violations of subsection 448.102(1)....

...In that case, the court explicitly held that "punitive damages are not available under the FWA." Id. at 1195. In Branche, the court reasoned that the FWA's plain language only lists "compensatory" damages and that the "use of the word `compensatory' in Section 448.103(2)(e) clearly indicates that punitive damages and other forms of non-compensatory damages are unavailable to correct FWA violations." Id....

...e government's liaison officer which jeopardized the company's relationship with the government. PSE also contended that Mr. Deering could not prevail in his action because PSE was not given written notice of any alleged illegal activity pursuant to section 448.103(1)(c), Florida Statutes (1991)....

...ation, hearing, or inquiry into an alleged violation of a law, rule, or regulation by the employer. (3) Objected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation. Section 448.103(1)(a) provides a civil cause of action to employees who have been the object of a retaliatory personnel action, but only if proper notice is given. Section 448.103(1)(c) provides: An employee may not recover in any action brought pursuant to this subsection if he failed to notify the employer about the illegal activity, policy, or practice as required by s....

...ule, or regulation, and is claiming protection pursuant to section 448.102(3) and not pursuant to section 448.102(1). If we were to accept this position, because section 448.102(1) already requires written notice, we would be finding that portion of section 448.103(1)(c) which requires written notice has no meaning....

...r a claim made under section 448.102(2) or, as in this case, under section 448.102(3). We disagree with the court's conclusion. In Martin v. Honeywell, Inc., No. 95-234-CIV-T-24(A), 1995 WL 868604 (M.D. Fla. filed July 18, 1995), the court held that section 448.103(1)(c) and section 448.102 must be read together. The court found that the plain language of the act imposes a written notice and opportunity to cure requirement as an element of proof in every private sector whistle-blower claim because section 448.103(1)(c) incorporates the notice provision set forth in section 448.102(1)....

...filed under the Florida whistle-blower's act for failure to state a claim upon which relief could be granted. We agree with the conclusion reached by the district court in the unreported decision in Martin and reach the same conclusion in this case. Section 448.103(1) affords a remedy to employees who have been retaliated against for actions they have taken pursuant to either section 448.102(1), 448.102(2), or 448.102(3). This remedy is only available, however, if the employee has complied with section 448.103(1)(c). We read section 448.103(1)(c) to provide that an employee may not recover in any action brought pursuant to section 448.103(1) if he fails to notify the employer about the illegal activity, policy, or practice as required by section 448.102(1), i.e....

...Dahl, however, maintained that those reasons were simply pretextual and that Eckerd was retaliating for her whistleblowing activities. Ms. Dahl's federal court complaint was filed within the two-year limitations period for the private-sector whistleblower statute, § 448.103(1)(a), but it would have been untimely under the public-sector act's period of 180 days from the time the prohibited *958 action (i.e., termination) was taken, § 112.3187(8)(c)....

...law, rule, or regulation." Fla.Stat. § 448.102(3). An employee who has been subjected to a retaliatory personnel action on account of his whistle-blowing activities has a cause of action for damages, reinstatement, and injunctive relief. Fla.Stat. § 448.103(2). If the retaliatory personnel action is predicated upon a ground other than the employee's whistle-blowing activities, *1299 however, the employee is not entitled to any relief under the Act. Fla.Stat. § 448.103(1)(c)....

...turing. The Court addresses each of these arguments in turn. 1. Statute of limitations. Under the Act, a plaintiff must institute an action for retaliatory personnel action within two years of when the alleged retaliatory action was taken. Fla.Stat. § 448.103(1)(a)....

...As noted previously, the Act provides that a defendant employer can raise as a defense, and thereby avoid liability, the claim that the allegedly retaliatory personnel action was taken for reasons other than the employee's whistle-blowing activities. See Fla.Stat. § 448.103(1)(c)....

...In this consolidated appeal, HCA Health Services of Florida, Inc., d/b/a Blake Medical *1095 Center (Blake) challenges the final judgment awarding damages to the Plaintiffs Lynn Hillman, Mary Patricia Bosner and Roberta James, who filed a whistleblower action against Blake pursuant to section 448.103, Florida Statutes (2001)....

...Beginning in 1998 and continuing through May 1999, they began to complain to their supervisors about deficient nursing care. Because of subsequent disciplinary action taken by their supervisors, the Plaintiffs retained counsel to file a whistleblower action pursuant to section 448.103, which authorizes an aggrieved employee who has been the object of retaliation to institute a civil action in a court of competent jurisdiction within two years of discovering the alleged retaliatory personnel action or within four years after the personnel action was taken, whichever is earlier. See § 448.103(1)(a)....

...led to notify the employer about the illegal activity, policy, or practice as required by § 448.102(1) or if the retaliatory personnel action was predicated upon a ground other than the employee's exercise of a right protected by this act. Fla.Stat § 448.103(1)(c)....

...rd is not indefinite or lacking in finality for lack of an enforcement mechanism. Defendants point to the fact that since Plaintiff did not move to vacate the award against NationsSecurities, his employer and the only entity that can be liable under § 448.103, Florida Statutes, then he cannot receive damages from companies, like Defendants in this case, who were not his employers....

...The cornerstone of Plaintiff's case was wrongful discharge. However, since the arbitrators did not find Plaintiff was constructively discharged, Defendants contend that it was not arbitrary or capricious not to award monetary damages, and to award reinstatement. Moreover, Defendants point the court to § 448.103(2), Florida Statutes, which expressly provides for the remedy of reinstatement in a whistleblower claim....

...(b) Reinstatement of the employee to the same position held before the retaliatory personnel action, or to an equivalent position. (c) Reinstatement of full fringe benefits and seniority rights. (d) Compensation for lost wages, benefits, and other remuneration. (e) Any other compensatory damages allowable at law. See § 448.103(2), Florida Statutes....

...holding that it does. Defendants argue Plaintiff is asking this Court to conclude that the Florida Legislature violated public policy when it provided the remedy of reinstatement. One of the remedies for violation the whistleblower's act provided in § 448.103(2), Florida Statutes, expressly provides for the relief of reinstatement....

...The trial court dismissed count 7 with prejudice and entered judgment on the pleadings, concluding that the claim was untimely filed, stated a new cause of action, and did not relate back to the filing of the original complaint. [2] Appellant's Whistleblower's claim was barred by the applicable statute of limitations. Section 448.103(1)(a), Florida Statutes, provides that an employee subjected to retaliatory personnel action in violation of this statute may bring a civil action within the earlier of (a) two years after discovering the retaliatory personnel action or (b) four years after the personnel action was taken....

...See also Sierminski v. Transouth Fin. Corp., 216 F.3d 945, 950 (11th Cir.2000). [42] The Plaintiff has not produced any direct evidence of retaliatory motivation. [43] See, e.g., Olmsted v. Taco Bell Corp., 141 F.3d 1457, 1460 (11th Cir.1998). [44] Section 448.103(1)(c), Fla....

...Florida law provides attorney's fees as of right to the prevailing party in a whistle-blower action. See § 448.104, Fla.Stat. Other statutory remedies include rein-statement to the same or equivalent position and reinstatement of full fringe benefits and seniority rights. See § 448.103, Fla.Stat....

...This Court previously granted summary judgment, which was reversed and remanded by the Eleventh Circuit. See Branche v. Airtran Airways, Inc., 342 F.3d 1248 (11th Cir.2003). DISCUSSION This Court concludes that punitive damages are not available under the FWA. Florida Statutes Section 448.103(2) details the remedies available to an employee who has been the object of a retaliatory personnel action. Fla. Stat. § 448.103(2). Section 448.103(2) states that: [i]n any action brought pursuant to subsection (1), the court may order relief as follows: (a) An injunction restraining continued violation of this act [the FWA]; (b) Reinstatement of the employee to the same position...

...ons control absent persuasive indication that the Florida Supreme Court would rule otherwise. See Blanchard v. State Farm Mut. Auto. Ins. Co., 903 F.2d 1398, 1399 (11th Cir.1990). No court has yet construed the availability of punitive damages under Section 448.103(2). Therefore, this Court must construe Section 448.103(2) in the manner that a Florida state court would....

...If, and only if, the actual language is unclear, do Florida courts explore the legislative history or use rules of statutory construction to determine the legislature's intent in enacting a statute. See id.; Joshua v. City of Gainesville, 768 So.2d 432, 435 (Fla.2000). Despite the list of remedies contained in Section 448.103(2), Plaintiff argues that punitive damages are available because Section 448.103(2) does not explicitly preclude punitive damages as a remedy. In other words, Plaintiff argues that Section 448.103(2) is ambiguous and the rules of statutory construction support the availability of punitive damages as a remedy for FWA violations....

...105 [1] of the FWA and Florida Statutes Section 768.72 as creating a substantive right for a FWA plaintiff to recover punitive damages. Defendant opposes each argument. This Court concludes that the plain and unambiguous language of Florida Statutes Section 448.103(2) precludes an award of punitive damages for a violation of the FWA. The unambiguous language of Section 448.103(2) states that a court may order only certain types of relief. The remaining portions of the section contain categories of relief available and subparagraph (e) states that "[a]ny compensatory damages allowable at law" are available as a remedy. Fla. Stat. § 448.103(2)(e). Use of the word "compensatory" in Section 448.103(2)(e) clearly indicates that punitive damages and other forms of non-compensatory damages are unavailable to correct FWA violations....

...t makes a determination that there is a reasonable evidentiary basis for recovery of punitive damages."). Second, this Court does not read the savings clause in Florida Statutes Section 448.105 to allow for additional remedies not provided for under Section 448.103(2)....

...that frequently arise in similar factual scenarios as FWA claims, such as Title VII or Florida Civil Rights Act retaliation claims or claims under the many other whistleblower statutes that exist under Florida law. Even if this Court concluded that Section 448.103(2) was ambiguous, this Court would reach the same result if it utilized the cannons and rules of statutory construction....

...631, 635-36 (1933) (concluding that the legislature could negate the availability of punitive damages under the statutory cause of action for wrongful death). The legislature chose not to provide for punitive and non-compensatory damages in enacting Section 448.103(2) and this Court cannot judicially extend the remedies available beyond what the legislature has chosen....

...punitive damages may be available in a retaliatory discharge action under Florida Statutes Section 440.205. [3] Scott v. Otis Elevator Co., 524 So.2d 642, 643 (Fla.1988). However, Scott involved a different statutory construction issue than that in Section 448.103, because the legislature was silent in Section 440.205 on what remedies were available....

...efinition of "agency." Thus, the private sector whistleblower act is even less susceptible to an interpretation imposing individual liability upon the corporate officers of an employer than its public sector counterpart. The remedies available under section 448.103(2) are similar to those available under section 112.3187(9), leading to the conclusion that the private sector whistleblower act is directed at the employer, not at the individuals who act on behalf of the employer....

...3), and thus, he was not required to provide written notice to his employer prior to filing suit. Alternatively, McEowen contends that the two memoranda that he sent to his supervisor, prior to his termination, satisfied the notice requirement of subsection 448.103(1)(c)....

...ation, hearing, or inquiry into an alleged violation of a law, rule, or regulation by the employer. (3) Objected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation. 448.103 Employee's remedy; relief.- (1) ......

...(c) An employee may not recover in any action brought pursuant to this subsection if he or she failed to notify the employer about the illegal activity, policy, or practice as required by s. 448.102(1). ... §§ 448.102-.103(1)(c). This court has interpreted subsection 448.103(1)(c) to mean that the notice requirement of subsection 448.102(1) applies to all three subsections of section 448.102....

...The Golf Channel, 714 So.2d 558 (Fla. 5th DCA 1998) (holding that the written notice and opportunity to cure preconditions only apply to subsection 448.102(1)), review granted, 728 So.2d 202 (Fla.1998). We reaffirm this court's interpretation of subsection 448.103(1)(c) and certify conflict with the third and fifth districts....

...Accordingly, McEowen was required to provide his employer with written notice of the alleged illegal activity and afford his employer a reasonable opportunity to correct the activity prior to filing suit. Additionally, the two memoranda that McEowen asserts satisfy the notice requirement of subsection 448.103(1)(c) fail to disclose any illegal activity, policy, or practice of Jones Chemical, Inc. Thus, the memoranda are insufficient to satisfy the notice requirement under subsection 448.103(1)(c). See § 448.103(1)(c); see also Schultz v....

...The Whistleblower Act’s venue provision says that “[a]ny civil action authorized under this section may be brought in the county in which the alleged retaliatory personnel action occurred, in which the complainant resides, or in which the em *1175 ployer has its principal place of business.” § 448.103(l)(b), Fla....

...s or calling, under penalty of being discharged from the service of such person ... shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. § 448.03, Fla. Stat. (1995). [2] We note that, in enacting section 448.103, Florida Statutes (1995), the legislature expressly provided for a civil remedy....

FULMER, Acting Chief Judge. Scott Ridener brought a whistle-blower claim against his former employer pursuant to section 448.103, Florida Statutes (1995)....

pay”) are awardable in a jury trial pursuant to F.S. 448.103(2), see U.S. E.E.O.C. v. W & O, Inc., 213 F

...We conclude that the trial court acted within its discretion in setting the conditions that Mariner would be required to meet to obtain a stay pending review of the discovery order. Therefore, we affirm the order denying the stay. Janelle Baker sued Mariner Health Care for retaliatory discharge under section 448.103, Florida Statutes....

...You may find that protected activity was a motivating factor in (defendant’s) decision if you find (defendant’s) stated reason(s) for its decision(s) [was] [were] not the real reason(s), but [was] [were] given to hide the retaliation. NOTES ON USE FOR 415.6 1. This instruction is based on F.S. 448.102 and 448.103(c)....

...There is no exact standard for measuring such damages. The amount should be fair and just in the light of the evidence.] NOTES ON USE FOR 415.12 1. As to whether future lost wages, (i.e., “front pay”) are awardable in a .jury trial pursuant to F.S. 448.103(2), see U.S....

...ase and is not decided by .jury); O’Neal v. Fla. A & M Univ., 989 So.2d 6 (Fla. 1st DCA 2008) (under Florida’s Whistle-blower Act, front pay is equitable relief). 2. As to whether emotional damages are awardable in a jury trial pursuant to F.S. 448.103(2), see Mcintyre v. Delhaize America, Inc., 2009 WL 161708 (M.D.Fla. January 22, 2009) and Wood v. Cellco P’ship, 2007 WL 917300 (M.D.Fl. March 23, 2007) (damages for emotional distress recoverable in whistle-blower action pursuant to F.S. 448.103); Scott v....

...agencies and their employees). Tellingly, Florida’s private sector Whistleblower’s Act authorizes additional relief in the form of “[a]ny other compensatory damages allowable at law,” which has been found to include noneconomic damages. § 448.103(2)(e), Fla....

...termination, not the termination itself. 3  In the second amended complaint, Plaintiff added a claim for violation of Florida’s private sector Whistleblower Act under section 448.102, Florida Statutes (2013). Section 448.103(1)(a) provides that an employee subjected to a retaliatory personnel action in violation of this act may bring a civil action “within two years after discovering that the alleged retaliatory personnel action was taken, or within four years after the personnel action was taken, whichever is earlier.” § 448.103(1)(a), Florida Statutes (2013) (emphasis added). In this case, the alleged retaliatory personnel action (Plaintiff’s termination) occurred in August 2011, but Plaintiff did not add the FWA claim until March 2015, after the statute of limitations had expired....

employee’s failure to give the notice required in section 448.103(1)(e), Florida Statutes (1995), prior to filing

CONFESSION OF ERROR PER CURIAM. Upon a proper confession of error, we reverse the trial court’s order transferring venue to Broward County. § 448.103(l)(b), Fla.Stat....

...Carnival Cruise Lines, Inc., 661 So.2d 313 (Fla. 3d DCA 1995). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. In' Golf Channel , we recently resolved this split in the district courts regarding the extent of the written notice requirement of sections 448.102 and 448.103, Florida Statutes (1995)....

...We held that when an employee brings a whistle-blower claim pursuant to subsection 448.102(3), on the basis that the employer took prohibited retaliatory personnel action because of the employee’s objection to the employer’s unlawful activity, the employee is not required to comply with the written notice requirement of section 448.103(l)(c)....