State Rep. Paula Stark (R-St. Cloud) and the Florida House have asked a circuit judge to toss out a lawsuit filed in April by a former aide to Stark who alleges he was fired in retaliation for reporting mismanagement of expenses, the News Service of Florida has reported.
Lawyers for Stark and the House last week filed motions in Leon County circuit court seeking to dismiss the case filedin April by Daniel Lopez.
The lawsuit centers, in part, on reports that lawmakers and their offices file with the House about expenses. It alleges that such reports were not properly filed, ultimately leading to a stop in disbursements for expenses. The lawsuit said Lopez, referred to in the original complaint as the “protected whistleblower plaintiff ”, notified Stark about the problems and in April 2024 called the House speaker’s office about his concerns. The lawsuit alleges Stark fired him in retaliation the following month, and that after his termination, the required reports were still not filed. In his complaint, Lopez noted he had, at that time, still been unable to secure employment as the issues with the expenditure reports were attributed to him.
Stark’s motion for dismissal pointed to what is known as “qualified immunity,” which helps shield lawmakers from lawsuits associated with their duties, noting, “A suit against a state official in his or her official capacity is not a suit against the official, but rather is a suit against the official’s office.”
“Because Representative Stark was acting within her discretionary authority with respect to plaintiff ’s termination, and plaintiff’s speech—made in the course and scope of his duties—is not protected by the First Amendment, qualified immunity bars his claim against defendant in her individual capacity,” Stark’s motion said.
Reached for comment this week, Stark said she could not comment on pending litigation.
“I have not been notified of any (action), other than that it has been filed,” she said regarding the motion.
Lopez said this week he is out of state on vacation and had not yet reviewed the responses.
“I will not be corresponding further on this matter outside of my counsel,” he said.
A call to the Law Office of Marie Mattox in Tallahassee has yet to be returned.
Meanwhile, the House, which also is a defendant in the case, cited the separation of powers between the judicial and legislative branches of government.
“By adjudicating plaintiff’s employment...claim, this court will necessarily (and unconstitutionally) encroach upon the Legislature’s exclusive authority over its employees and the investigation, hearing and disposition mechanisms it has established to internally resolve personnel disputes,” the House’s motion said.
