State employees who "blow the whistle" on fraud and abuse within state government may be protected by law. Sections 112.3187- 112.31895, Florida Statutes (F.S.), constitute the law known as the "Whistle-blower's Act." These and other Florida Statutes can be viewed on the official website of the Florida Legislature at www.leg.state.fl.us.

The legislative intent of the Whistle-blower's Act is to prevent agencies or independent contractors from taking retaliatory action against an employee who reports agency violations of law that create a substantial and specific danger to public health, safety, or welfare, or who discloses information alleging gross mismanagement, malfeasance, misfeasance, gross waste of funds, Medicaid fraud or abuse, or gross neglect of duty on the part of an agency, public officer, or employee.

Why have a Hotline?
The Chief Inspector General is responsible for promoting accountability, integrity, and efficiency in state government. That responsibility includes maintaining an in-state toll-free whistle-blower's hotline, notifying all employees of the various state agencies of its existence, and providing an address to which whistle-blower information may be forwarded.

Who should call the hotline?
Employees, former employees, and applicants of Florida government agencies or independent contractors. "Employee" means a person who performs services for, and under the control and direction of, or contracts with, an agency or independent contractor for wages or other remuneration.

"Agency" means any state, regional, county, local, or municipal government entity, whether executive, judicial or legislative; any official, officer, department, division, bureau, commission, authority, or political subdivision therein; or any public school, community college, or state university.

"Independent contractor" means a person, other than an agency, engaged in any business and who enters into a contract, including a provider agreement, with an agency."

[ Note: For disclosures concerning a local government entity, including any regional, county, or municipal entity, special district, community college district, or school district or any political subdivision of any of the foregoing, the information must be disclosed to a chief executive officer as defined in s. 447.203(9), F.S., or other appropriate official. ]

What should be reported?
The whistle-blower's hotline is not for general complaints or suggestions. Other means are available for resolving personnel problems or recommending cost-saving measures. This hotline is reserved for reporting:

(a) Any violation or suspected violation of any federal, state, or local law, rule, or regulation committed by an employee or agent of an agency or independent contractor which creates and presents a substantial and specific danger to the public's health, safety, or welfare.

(b) Any act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, suspected or actual Medicaid fraud or abuse, or gross neglect of duty committed by an employee or agent of an agency or independent contractor.

What happens when I call?
Hotline staff will receive your information and may ask questions about your complaint. Information alleged to qualify under the Whistle-blower's Act is evaluated under statutory criteria.

How do you investigate?
When the statutory criteria are met, the Chief Inspector General or agency Inspector General will proceed as required by law. Depending on the circumstances, an investigation may be conducted unless the Chief Inspector General or agency Inspector General determines that an investigation is unnecessary as provided by law. If an investigation is conducted, the information provided will be reviewed and appropriate documentation gathered. At the conclusion of the process, reports and notifications will be handled as required by applicable law.

How are my rights protected?
When your information meets Whistle-blower criteria, state law requires that your identity remain confidential, unless disclosure is necessary to protect the public's health, safety or welfare, or absolutely necessary or unavoidable during the investigation. The Whistle-blower's Act also prohibits specified retaliatory actions when the statutory requirements are met. Submitting information to the Hotline does not, by itself, establish that a disclosure qualifies for protection under the Whistle-blower's Act.

You can also submit a complaint online by completing the Whistle-blower Complaint Form on the Chief Inspector General's website.

If you are an employee of a state agency, you disclose information under the Whistle-blower's Act, and that disclosure results in alleged retaliation by an employer in the form of an adverse personnel action, you may file a written complaint with the Florida Commission on Human Relations (FCHR) no later than 60 days after the prohibited personnel action. You can contact the FCHR by calling (800) 342-8170 or by writing to the following address:

"State agency" or "agency" means any official, officer, commission, board, authority, council, committee, or department of the executive branch of state government. For purposes of this chapter and Chapter 215 F.S., "state agency" or "agency" includes, but is not limited to, state attorneys, public defenders, the capital collateral regional counsels, the Justice Administrative Commission, the Florida Housing Finance Corporation, and the Florida Public Service Commission.

Any other person protected by the Whistle-blower's Act may, after exhausting all available contractual or administrative remedies, bring a civil action in any court of competent jurisdiction within 180 days after the action prohibited by the Whistle-blower's Act.