Fox v. City of Pompano Beach
984 So. 2d 664 (Fla. 4th DCA 2008)
A former employee filed a Florida Whistle-blower's Act claim against the city of Pompano. The trial court struck the employee's request for a jury trial. The trial court granted the city’s motion for summary judgment on statute of limitations grounds under § 112.3187(8)(b), Fla. Stat. The employee was demoted and then discharged when he notified authorities of alleged conditions at a water treatment plant. He appealed to an administrative board of the city. The employee's attorney inquired of the assistant city attorney whether the city had an administrative procedure for handling whistle-blower complaints so that the employee could comply with the time periods in the Florida Whistle-blower's Act. More than three months later, the city responded that the board review was not a Whistle-blower's Act administrative procedure and that if the employee withdrew his appeal, the city would consider the employee's termination as final. The employee withdrew his appeal and filed his lawsuit. On appeal, the court found that (1) the employee was entitled to argue to the fact-finder that an adverse personnel action under § 112.3187(3)(c), Fla. Stat., took place when he withdrew his appeal, and that the limitations period began to run from that date; (2) the employee was not entitled to assert equitable estoppel in response to the statute of limitations defense; and (3) the employee was entitled to a jury trial as he sought money damages under § 112.3187(9)(c), Fla. Stat.