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Florida Statute 68.082 | Lawyer Caselaw & Research
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The 2024 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 Casetext

Amendments to 68.082


Arrestable Offenses / Crimes under Fla. Stat. 68.082
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 68.082.



Annotations, Discussions, Cases:

Cases Citing Statute 68.082

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-03T00:00:00-07:00

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

PATTY DAVIS v. SHERIDAN HEALTHCARE, INC. AND SHERIDAN RADIOLOGY SERVICES OF PINELLAS, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-10-16T00:53:00-07:00

Snippet: pay the State of Florida." Id. (citing §§ 68.082(1)-(2), .083(2)-(3), Fla. Stat. (2011)). The FFCA

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

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-22T00:00:00-08:00

Citation: 198 So. 3d 69

Snippet: violated s. 68.082] (2) A person may bring a civil action for a violation of s. 68.082 for the person…in authorizing qui tam actions: 68. 082 False Claims against the state; ... liability.—…may diligently investigate a violation under s. 68.082 .... [T]he department may bring a civil action …obtained by the department in an action under s. 68.082 or of the proceeds of any settlement of the claim…the State through double and triple recoveries. § 68.082, Fla. Stat. (2009): But this statement of legislative

Florida Department of Transportation v. Clipper Bay Investments, LLC

Court: Fla. | Date Filed: 2015-03-26T00:00:00-07:00

Citation: 160 So. 3d 858, 40 Fla. L. Weekly Supp. 164, 2015 Fla. LEXIS 577, 2015 WL 1379975

Snippet: said fence; thence North 23°00'09" West 68.82 feet to the POINT OF BEGINNING of said proposed

Stevens v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-11-20T00:00:00-08:00

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

Snippet: avoids an obligation to pay the State of Florida. §§ 68.082(l)-(2), 68.083(2)-(3), Fla. Stat (2011). FFCA violations… sustains because of the act of that person.” § 68.082(2), Fla. Stat. The FFCA additionally provides the

Ago

Court: Fla. Att'y Gen. | Date Filed: 2011-06-16T00:53:00-07:00

Snippet: government as defined in section 68.082, Florida Statutes.5 Section 68.082(1)(a), Florida Statutes, defines…violation of s. 68.082, Fla. Stat., for the person and for the affected agency. Seealso s. 68.082(3), Fla. Stat…violation of s. 68.082, Fla. Stat., for the person and for the affected agency. And see s. 68.082(1)(b), Fla…of the state within the contemplation of section 68.082, Florida Statutes, and its definition of "…State government" as is contained in section 68.082, Florida Statutes, only referred to actions involving

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

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-10T00:00:00-08:00

Citation: 60 So. 3d 426, 2011 Fla. App. LEXIS 3206

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

The Florida Bar v. Brownstein

Court: Fla. | Date Filed: 2007-03-29T00:53:00-07:00

Citation: 953 So. 2d 502

Snippet: check 8561 14,788.00 68.82 02-12-04 Ck 8562 L.A.B. 8,898.00

Nixon v. State

Court: Fla. | Date Filed: 2006-04-20T00:53:00-07:00

Citation: 932 So. 2d 1009

Snippet: competency evaluation. In Ake v. Oklahoma, 470 U.S. 68, 82, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985), the United

Duckett v. State

Court: Fla. | Date Filed: 2005-10-06T00:53:00-07:00

Citation: 918 So. 2d 224

Snippet: criminal proceeding." Ake v. Oklahoma, 470 U.S. 68, 82, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985). As he testified

Mills v. Moore

Court: Fla. | Date Filed: 2001-04-12T00:53:00-07:00

Citation: 786 So. 2d 532

Snippet: criminal proceeding." Ake v. Oklahoma, 470 U.S. 68, 82, 105 S.Ct. 1087, 1096, 84 L.Ed.2d 53 (1985). None

Mills v. State

Court: Fla. | Date Filed: 1992-06-04T00:53:00-07:00

Citation: 603 So. 2d 482

Snippet: criminal proceeding." Ake v. Oklahoma, 470 U.S. 68, 82, 105 S.Ct. 1087, 1096, 84 L.Ed.2d 53 (1985). None

KING MOUNTAIN CONDOMINIUM ASS'N, INC. v. Gundlach

Court: Fla. Dist. Ct. App. | Date Filed: 1982-12-14T23:53:00-08:00

Citation: 425 So. 2d 569

Snippet: 1st DCA 1979); see also Dobbs, Remedies § 2.6 at 68-82 (1973 West); Oakes, The Right to Strike the Jury

Nobles v. City of Jacksonville

Court: Fla. Dist. Ct. App. | Date Filed: 1975-07-17T00:53:00-07:00

Citation: 316 So. 2d 565

Snippet: as to such conditions. We think that Ordinance 68-82-59 placed the duty upon the Sheriff's Office

Nobles v. City of Jacksonville

Court: Fla. Dist. Ct. App. | Date Filed: 1972-08-10T00:00:00-07:00

Citation: 265 So. 2d 550, 1972 Fla. App. LEXIS 6439

Snippet: over the years” and more particularly by Ordinance 68-82-59 of the city, passed and approved on December …Before the court at the said hearing was Ordinance 68-82-59, referred to in the above complaint. The limitations… as to such conditions. We think that Ordinance 68-82-59 placed the duty upon the Sheriff’s Office, the

Bertolino v. Estate of Horton

Court: Fla. Dist. Ct. App. | Date Filed: 1968-10-11T00:00:00-07:00

Citation: 214 So. 2d 536, 1968 Fla. App. LEXIS 6767

Snippet: Appeal dismissed. No. 68-82 District Court of Appeal of Florida fladistctapp Fla. Dist

United Bonding Insurance v. Bay Steel Products Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1968-07-02T00:00:00-07:00

Citation: 212 So. 2d 680, 1968 Fla. App. LEXIS 6412

Snippet: PER CURIAM. Affirmed. No. 68-82 District Court of Appeal of Florida fladistctapp Fla

Bienvenido v. Fontainebleau Hotel

Court: Fla. | Date Filed: 1961-03-22T00:00:00-08:00

Citation: 128 So. 2d 1, 1961 Fla. LEXIS 2411

Snippet: the basic weekly wage to arrive at a total of $68.82, as the wage base for fixing compensation. On review

Culclasure v. Consolidated Bond & Mortgage Co.

Court: Fla. | Date Filed: 1927-10-24T00:00:00-08:00

Citation: 114 So. 540, 94 Fla. 764

Snippet: 389, 52 So.2d Rep. 968; Hanscom v. Meyer, 60 Neb. 68, 82 N.W. Rep. 114; Beecher v. Stephens, 25 Minn. 146…of due process of law. Hanscom v. Meyer, 60 Neb. 68, 82 N.W. Rep. 114; Lynch v. Durfee, 101 Mich. 171,

State Ex Rel. Yaegar v. Rose

Court: Fla. | Date Filed: 1927-05-10T00:00:00-08:00

Citation: 114 So. 373, 93 Fla. 1018

Snippet: 389, 52 So.2d Rep. 968; Hanscom v. Meyer, 60 Neb. 68, 82 N.W. Rep. 114; Beecher v. Stephens,25 Minn. 146