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Florida Third DCA rules that fired city manager was not entitled to protections of Florida Whistle-Blower’s Act for communications that did not actually identify any violation of law or any act of suspected gross mismanagement or misfeasance

On October 20, 2021, in Henley v. City of North Miami, No. 3D20-1213, the Florida Third DCA affirmed the dismissal of a lawsuit filed under Florida’s Whistle-Blower’s Act, section 112.3187, Florida Statutes. The plaintiff a former Acting Budget Director of the City of North Miami, alleged in his complaint that he was fired in retaliation for emails and a text message he sent to the City Manager and Deputy City Manager relating to the City’s budget and financial projections. The Third DCA concluded that the plaintiff’s disclosures were not protected disclosures under the Act because they did not actually identify any violation of law or any act of suspected gross mismanagement, misfeasance, etc. The Third DCA cited in support Fla. Stat. § 112.3187(5)(a)- (b); Pickford v. Taylor Cnty. Sch. Dist., 298 So. 3d 707 (Fla. 1stDCA 2020) and Castro v. Sch. Bd. Of Manatee Cnty., Fla., 903 F. Supp. 2d 1290 (M.D. Fla. 2012).

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