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Whistle-Blower’s Act Waives Sovereign Immunity

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Although the State of Florida generally has sovereign immunity from suits brought against it, Article X, Section 13, of the Florida Constitution provides that "provision may be made by general law for bringing suit against the state as to all liabilities now existing or hereafter originating." A recent appellate court decision found that the Florida Whistle-blower's Act, Sections 112.3187-112.31895, Florida Statutes, clearly and unequivocally waives sovereign immunity for the purposes of the remedies (filing a complaint) and relief (reinstatement and compensation) afforded by the statute. Department of Health and Rehabilitative Services v. Irven, 24 Fla. L. Weekly D247 (Fla. 2d DCA, January 22, 1999).
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