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Florida Statute 68.82 - Full Text and Legal Analysis
Florida Statute 68.082 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 68
MISCELLANEOUS PROCEEDINGS
View Entire Chapter
F.S. 68.082
68.082 False claims against the state; definitions; liability.
(1) As used in this section, the term:
(a) “Claim” means any request or demand, whether under a contract or otherwise, for money or property, regardless of whether the state has title to the money or property, that:
1. Is presented to any employee, officer, or agent of the state; or
2. Is made to a contractor, grantee, or other recipient if the state provides or has provided any portion of the money or property requested or demanded, or if the state will reimburse the contractor, grantee, or other recipient for any portion of the money or property that is requested or demanded.
(b) “Department” means the Department of Legal Affairs, except as specifically provided in ss. 68.083 and 68.084.
(c) “Knowing” or “knowingly” means, with respect to information, that a person:
1. Has actual knowledge of the information;
2. Acts in deliberate ignorance of the truth or falsity of the information; or
3. Acts in reckless disregard of the truth or falsity of the information.

No proof of specific intent to defraud is required. Innocent mistake shall be a defense to an action under this act.

(d) “Material” means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.
(e) “Obligation” means an established duty, fixed or otherwise, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment.
(f) “State” means the government of the state or any department, division, bureau, commission, regional planning agency, board, district, authority, agency, or other instrumentality of the state.
(2) Any person who:
(a) Knowingly presents or causes to be presented a false or fraudulent claim for payment or approval;
(b) Knowingly makes, uses, or causes to be made or used a false record or statement material to a false or fraudulent claim;
(c) Conspires to commit a violation of this subsection;
(d) Has possession, custody, or control of property or money used or to be used by the state and knowingly delivers or causes to be delivered less than all of that money or property;
(e) Is authorized to make or deliver a document certifying receipt of property used or to be used by the state and, intending to defraud the state, makes or delivers the receipt without knowing that the information on the receipt is true;
(f) Knowingly buys or receives, as a pledge of an obligation or a debt, public property from an officer or employee of the state who may not sell or pledge the property; or
(g) Knowingly makes, uses, or causes to be made or used a false record or statement material to an obligation to pay or transmit money or property to the state, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the state

is liable to the state for a civil penalty of not less than $5,500 and not more than $11,000 and for treble the amount of damages the state sustains because of the act of that person.

(3) The court may reduce the treble damages authorized under subsection (2) if the court finds one or more of the following specific extenuating circumstances:
(a) The person committing the violation furnished the department with all information known to the person about the violation within 30 days after the date on which the person first obtained the information;
(b) The person fully cooperated with any official investigation of the violation; or
(c) At the time the person furnished the department with the information about the violation, no criminal prosecution, civil action, or administrative action had commenced under this section with respect to the violation, and the person did not have actual knowledge of the existence of an investigation into the violation;

in which case the court shall award no less than 2 times the amount of damages sustained by the state because of the act of the person. The court shall set forth in a written order its findings and basis for reducing the treble damages award.

History.s. 2, ch. 94-316; s. 2, ch. 2007-236; s. 2, ch. 2013-104.

F.S. 68.082 on Google Scholar

F.S. 68.082 on CourtListener

Amendments to 68.082


Annotations, Discussions, Cases:

Cases Citing Statute 68.082

Total Results: 9

United States Ex Rel. Heater v. Holy Cross Hospital, Inc.

510 F. Supp. 2d 1027, 2007 U.S. Dist. LEXIS 10537, 2007 WL 521931

District Court, S.D. Florida | Filed: Feb 15, 2007 | Docket: 1809179

Cited 21 times | Published

("FCA") and the Florida False Claims Act, Fla. Stat. § 68.082, et seq ("Florida FCA"). The First and Second

Zoltan Barati v. State of Florida, Motorola, Inc.

198 So. 3d 69

District Court of Appeal of Florida | Filed: Feb 22, 2016 | Docket: 3038326

Cited 8 times | Published

the State through double and triple recoveries. § 68.082, Fla. Stat. (2009): But this statement of legislative

DHL Express (USA), Inc. v. State ex rel. Grupp

60 So. 3d 426, 2011 Fla. App. LEXIS 3206, 2011 WL 831152

District Court of Appeal of Florida | Filed: Mar 10, 2011 | Docket: 60300212

Cited 3 times | Published

fraudulent.” § 68.081(2), Fla. Stat.; see also § 68.082(2), Fla. Stat. (authorizing imposition of civil

United States ex rel. Carrel v. Aids Healthcare Foundation, Inc.

262 F. Supp. 3d 1353

District Court, S.D. Florida | Filed: Jun 9, 2017 | Docket: 64314918

Cited 2 times | Published

Florida False Claims Act (“FFCA”), Fla. Stát. § 68.082(2). . ... Although Relators alleged several broad-ranging

United States v. Space Coast Medical Associates, L.L.P.

94 F. Supp. 3d 1250, 2015 U.S. Dist. LEXIS 45062, 2015 WL 1456122

District Court, M.D. Florida | Filed: Feb 6, 2015 | Docket: 64301168

Cited 1 times | Published

Relators sue under 31 U.S.C. § 3729(a)(1)(A) and Section 68.082(2)(a), Florida Statutes. These subsections

Robert V. Smith v. Jay Odom

Court of Appeals for the Eleventh Circuit | Filed: Aug 22, 2025 | Docket: 68226678

Published

Argued: Dec 19, 2024

Florida’s False Claims Act. See Fla. Stat. § 68.082 (2024). Because the Florida statute is

University of Florida Board of Trustees, and The Florida Board of Governors v. Browning, Boisse

District Court of Appeal of Florida | Filed: Apr 3, 2024 | Docket: 68404274

Published

precious stones of any kind belonging to any guest”); § 68.082, Fla. Stat. (1994 Supp.) (referring to “possession

Stevens v. State

127 So. 3d 668, 2013 WL 6097312, 2013 Fla. App. LEXIS 18520

District Court of Appeal of Florida | Filed: Nov 20, 2013 | Docket: 60236797

Published

state sustains because of the act of that person.” § 68.082(2), Fla. Stat. The FFCA additionally provides

Ago

Florida Attorney General Reports | Filed: Jun 16, 2011 | Docket: 3257797

Published

government as defined in section 68.082, Florida Statutes.5 Section 68.082(1)(a), Florida Statutes, defines