Florida Statute 68.082 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 68
MISCELLANEOUS PROCEEDINGS

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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.

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;

(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: District Court of Appeal of Florida | Date Filed: 2024-04-03

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: District Court of Appeal of Florida | Date Filed: 2019-10-16

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: District Court of Appeal of Florida | Date Filed: 2016-02-22

Citation: 198 So. 3d 69

Snippet: in authorizing qui tam actions: 68. 082 False Claims against the state; ... liability.—

Florida Department of Transportation v. Clipper Bay Investments, LLC

Court: Supreme Court of Florida | Date Filed: 2015-03-26

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

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

Stevens v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-11-20

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2011-06-16

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

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

Court: District Court of Appeal of Florida | Date Filed: 2011-03-10

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: Supreme Court of Florida | Date Filed: 2007-03-29

Citation: 953 So. 2d 502, 32 Fla. L. Weekly Supp. 119, 2007 Fla. LEXIS 560, 2007 WL 924171

Snippet: check 8561 14,788.00 68.82 02-12-04 Ck 8562 L.A.B. 8,898

Nixon v. State

Court: Supreme Court of Florida | Date Filed: 2006-04-20

Citation: 932 So. 2d 1009, 2006 WL 1027135

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: Supreme Court of Florida | Date Filed: 2005-10-06

Citation: 918 So. 2d 224, 2005 WL 2455820

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: Supreme Court of Florida | Date Filed: 2001-04-12

Citation: 786 So. 2d 532, 2001 WL 360893

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: Supreme Court of Florida | Date Filed: 1992-06-04

Citation: 603 So. 2d 482, 1992 WL 117260

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: District Court of Appeal of Florida | Date Filed: 1982-12-15

Citation: 425 So. 2d 569, 1982 Fla. App. LEXIS 22267

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: District Court of Appeal of Florida | Date Filed: 1975-07-17

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, the

Nobles v. City of Jacksonville

Court: District Court of Appeal of Florida | Date Filed: 1972-08-10

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

Bertolino v. Estate of Horton

Court: District Court of Appeal of Florida | Date Filed: 1968-10-11

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

Snippet: Appeal dismissed.

United Bonding Insurance v. Bay Steel Products Co.

Court: District Court of Appeal of Florida | Date Filed: 1968-07-02

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

Snippet: PER CURIAM. Affirmed.

Bienvenido v. Fontainebleau Hotel

Court: Supreme Court of Florida | Date Filed: 1961-03-22

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: Supreme Court of Florida | Date Filed: 1927-10-24

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;

State Ex Rel. Yaegar v. Rose

Court: Supreme Court of Florida | Date Filed: 1927-05-10

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;