FL H1401

Amends s. 112.3188, F.S. to revise confidentiality protections for whistleblowers who report allegations of law violations, gross mismanagement, misconduct, malfeasance, misfeasance, waste of public funds, Medicaid fraud, or gross neglect of duty to the Chief Inspector General, agency inspectors general, or local officials.

Protects the identity of whistleblowers and investigatory information from disclosure without written consent, except when disclosure is absolutely necessary to prevent substantial danger to public health, safety, or welfare, or to prevent imminent crimes, and only to persons in a position to prevent such harm.

Allows identity disclosure if the whistleblower files a qui tam action under s. 68.083 and the court unseals the complaint, or if the individual voluntarily discloses their identity outside of privileged communications.

Establishes that investigations remain active during ongoing inquiries or when involving active criminal intelligence information, and cease to be active upon final report submission, determination that investigation is unnecessary, or final decision by local government or Division of Administrative Hearings.

Makes willful and knowing disclosure of confidential whistleblower information a first-degree misdemeanor and subjects the exemption to the Open Government Sunset Review Act, with repeal scheduled for October 2, 2021, unless reenacted.