The more than two-years-long investigation into my whistleblower complaint came to a close today, and we have been given the green light to proceed with our lawsuit against the state of Florida. 

The statement provided by the Florida Commission on Human Relations (FCHR) made determinations on two items: First, the legitimacy of the items in the complaint itself; Second, whether the state retaliated against me by firing me for the items alleged in the complaint. 

The key determinations: 

“Complainant did make a protected whistleblower disclosure as defined by the Act by filing a complaint with the Commission. Complainant did otherwise engage in a protected activity for the purposes of Section l 12.3187(7), Florida Statutes.”

More importantly, FHCR concluded that the disclosure I made demonstrated, “a violation of law which creates and presents a substantial and specific danger to the public's health, safety, or welfare.”

The FCHR also concluded my complaint showed “actual or suspected "gross mismanagement" as defined by the [Whistleblower] Act, or "malfeasance, misfeasance, gross waste of public funds, suspected or actual Medicaid fraud or abuse, or gross neglect of duty committed by an employee or agent of an agency or independent contractor. FLA. STAT. ch. 112.3187(5).”

The difficult part for any advocate for government accountability and transparency starts with the very next word in their conclusion, “However.”

“However, Complainant did not incur an adverse action, as defined by the Act, after filing a complaint with the Commission.”

I asked my supervisor late on a Friday afternoon how I would go about filing a whistleblower complaint. He told me to think about how that might impact my job and my family, and to take a few days to think about it. 

I was fired the next business day, Monday, May 18, 2020. 

I filed my whistleblower complaint within the 60 days allowed, in July 2020.

Because I was fired before I filed my complaint, the state has determined that I was not retaliated against “after filing a complaint with the Commission.”

Additionally, FCHR found the subsequent actions taken by the state against me to be “non-qualifying adverse action.” 

I suppose smear campaigns, armed raids, and unlawful use of force against the children of the Whistleblower were never included in the statute because no one thought it within the realm of possibility that such a thing would happen. 

The investigation concluded on and was dated September 7, 2022 - the same day reporter Grant Stern published this piece proving the raid on my home and the resulting charge continue to be politically motivated persecution by the Governor’s office and FDOH.

The FCHR report echoes a separate report issued earlier this year by the Department of Health Inspector General’s office, which found my complaint was true and accurate, but as no policy or rule existed prohibiting hiding and changing data, those who ordered me to do so were “exonerated.” 

That report was issued and the investigator abruptly removed from the case on the same day the state received the final report from the Florida Auditor General concluding the state undercounted thousands of COVID-19 cases and deaths in the first six months of the pandemic. 

I did not file or interview for either the DOH IG report nor the Auditor General report. 

A similar pattern occurred when conservative and fringe media published a now widely-debunked and libelous article in the National(ist) Review with the title “The Whistleblower who wasn’t” the week before the state granted me official whistleblower status and protection.

People’s lives, this investigation, the reports are all nothing but a political and PR game of chess with these people. Despite three investigations determining I told the truth, the state believes there is nothing it can do to right so many of the wrongs my family and I have endured the last 28 months. 

At least FCHR recognized our right to now file our lawsuit in court to hold every person responsible in the only way they understand or care: millions of dollars. The state concluded that “you may within 180 days from the date you receive this notice of termination of investigation file a civil action.”

I’m grateful the state is no longer putting roadblocks in the way of our case and that justice can now truly be sought in court. 

Original source can be found here.