Telling Somebody At Work
Fla. Stat. 448.102 — in writing to the employer first, then under oath to the agency
Florida's private sector whistleblower act protects three things, and the first of them only after a step most people skip.
- Disclosing, or threatening to disclose, to an appropriate governmental agency, under oath and in writing, an activity, policy or practice of the employer that violates a law, rule or regulation.
- Providing information to, or testifying before, an agency, person or entity investigating an alleged violation by the employer.
- Objecting to, or refusing to participate in, an activity, policy or practice of the employer that violates a law, rule or regulation.
The employer is told first, in writing. The protection for a disclosure to an agency does not apply unless the employee has, in writing, brought the activity, policy or practice to the attention of a supervisor or the employer and given the employer a reasonable opportunity to correct it. An employee who did not give that notice may not recover.
The deadline. A civil action is brought within 2 years after discovering that the retaliatory personnel action was taken, or within 4 years after it was taken, whichever is earlier, in the county where it occurred, where the employee resides, or where the employer has its principal place of business.
What a court may order. An injunction, reinstatement to the same or an equivalent position, reinstatement of fringe benefits and seniority, compensation for lost wages and benefits, and other compensatory damages allowable at law.
Public employees are covered by a separate Florida act. Federal statutes protect reports in particular fields, such as workplace safety, securities and federal contracts, with their own agencies and deadlines, and are not on this page. Whether a particular report was protected, and whether what followed was retaliation for it, are questions for a licensed Florida attorney.
Sources for this section (2)
- Fla. Stat. 448.102 — Prohibitions
- Fla. Stat. 448.103 — Employee's remedy; relief
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.