Caldwell v. Florida Department of Elder Affairs
121 So. 3d 1062
Fla. Dist. Ct. App.2013Background
- Caldwell was terminated from the Florida Department of Elder Affairs on Sept. 2, 2011.
- She filed a whistle-blower complaint with the Florida Commission on Human Relations (FCHR) on Oct. 18, 2011.
- The Commission notified Caldwell on Dec. 2, 2011 that it lacked jurisdiction to investigate because no valid whistle-blower claim was stated.
- Caldwell timely appealed the dismissal.
- The court upholds the Commission’s dismissal, holding Caldwell failed to plead a prima facie whistle-blower claim and that the Commission acted within its authority to dismiss.
- The dissent argues the Act is remedial and the Commission should have pursued investigation or allowed amendment, and that Caldwell could pursue circuit court or PERC.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FCHR may dismiss a whistle-blower complaint without investigation | Caldwell argues FCHR must investigate and not dismiss | Caldwell contends dismissal was proper under lack of jurisdiction | Affirmed: FCHR properly dismissed |
| Whether Caldwell's complaint satisfied pleading requirements to trigger investigation | Caldwell alleges misfeasance/malfeasance from ombudsman program | Allegations are conclusory and not sufficiently precise | Affirmed: pleading insufficient to trigger operation of the Act |
| Whether Caldwell should have been allowed to amend the complaint before dismissal | Caldwell was entitled to amend under Rule 60Y-5.001 | Dissent argues amendment should be allowed; majority did not | Denied: dismissal upheld without opportunity to amend |
| Whether the remedy could have been pursued in circuit court or PERC after FCHR termination | Remedies exist outside FCHR and Caldwell should have option | Under Robinson, termination requires option to pursue remedies; procedural posture supports dismissal | Affirmed: dismissal proper; Caldwell may pursue other remedies per statute |
Key Cases Cited
- Tillery v. Fla. Dep’t of Juvenile Justice, 104 So.3d 1253 (Fla. 1st DCA 2013) (pleading deficiencies can prevent operation of the Act)
- Stanton v. Fla. Dep’t of Health, — So.3d -, 2013 WL 466280 (Fla. 1st DCA Feb. 8, 2013) (conclusory allegations insufficient to trigger investigation)
- Robinson v. Dep’t of Health, 89 So.3d 1079 (Fla. 1st DCA 2012) (Commission may dismiss untimely whistle-blower complaints when appropriate)
- Irven v. Dep’t of Health & Rehab. Servs., 790 So.2d 403 (Fla. 2001) (remedial nature; broad protections of the Whistle-blower’s Act)
- Mena v. Lifemark Hospitals of Florida, Inc., 50 So.3d 759 (Fla. 1st DCA 2010) (remand where FCHR’s investigatory conclusions unclear)