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Private Whistle-Blower's Act Differs from Public Whistle-Blower's Act

Sections 448.101-448.105, Florida Statutes, comprise the "Private" Whistle-blower's Act; sections 112.3187-112.31895, Florida Statutes, the "Public" one. The two acts significantly differ. The Public Whistle-blower's Act specifically provides that the legislature intended to protect an employee who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds or any other abuse or neglect of duty on the part of an employee. On the other hand, the plain and unambiguous terms of the Private Whistle-blower's Act state that an employee has protection under the act for objecting to unlawful acts of his employer. Thus, a trial court properly dismissed a Private Whistle-blower's action where the complaint did not allege that the employee was terminated for objecting to illegal activity of the employer or that employer ratified the illegal conduct of its employees. Sussan v. Nova Southeastern University, 24 Fla. L. Weekly D230 (Fla. 4th DCA, January 20, 1999).
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