IRVEN v. DEPARTMENT OF HEALTH AND REHAB.

No. SC94926.

790 So.2d 403 (2001)

Karen IRVEN, Petitioner, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Respondent.

Supreme Court of Florida.

Rehearing Denied July 10, 2001.


Attorney(s) appearing for the Case

Peter J. Winders and J. Kevin Carey of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, FL, and Sylvia H. Walbolt, Robert E. Biasotti and Joseph H. Lang, Jr. of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., St. Petersburg, FL, for Petitioner.

David H. McClain of McClain & Associates, P.A., Tampa, Florida, for Respondent.

G. "Hal" Johnson, General Counsel, Florida Police Benevolent Association, FL, Thomas W. Young, III, General Counsel, Florida Education Association/United; Pamela L. Cooper, General Counsel, Florida Teaching Profession-National Education Association, and Alma Gonzalez-Neimeiser, General Counsel, The Florida Council of the American Federation of State, County and Municipal Employees, Tallahassee, FL, for The Florida Council of the American Federation of State, County and Municipal Employees, The Police Benevolent Association, Florida Education Association/United and Florida Teaching Profession-National Education Association, Amici Curiae.


SHAW, J.

We have for review Department of Health & Rehabilitative Services v. Irven, 724 So.2d 698 (Fla. 2d DCA 1999), which expressly and directly conflicts with Martin County v. Edenfield, 609 So.2d 27 (Fla. 1992). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

Petitioner filed an action under the Whistle Blower's Act, sections 112.3187-112.31895...

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