Allen v. Fla. Int'l Univ.
981 So. 2d 1286 (Fla. 3d DCA 2008)
A former employee sued a state university, alleging wrongful discharge in violation of Florida's public sector Whistle-Blower's Act. The employee complained about certain financial practices she observed and filed an administrative complaint with the Florida Commission on Human Relations under § 112.3187(1) and (7) of the Act. Shortly thereafter, the university fired her. The Commission found that it was reasonable to believe that the university retaliated against her because of her whistle-blowing disclosures. Less than 180 days after the Commission ended its investigation, the employee filed the instant lawsuit. The trial court held (1) that the Commission lacked jurisdiction to entertain a whistle-blower administrative complaint against the university because the university was not among the group of state agencies for whom the Commission had jurisdiction to entertain such a complaint; (2) that instead of filing an administrative complaint with the Commission, the employee was required to file a civil action within 180 days after the adverse personnel action; and that her failure to do so rendered her suit untimely. The appellate court disagreed. A state university was a "state agency" for purposes of chapter 216, Fla. Stat. Therefore, the university was a "state agency" under §112.3187(8)(a), Fla. Stat., of the Act, and the Commission had jurisdiction to hear the employee's complaint.