The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

CARREL, v. AIDS HEALTHCARE FOUNDATION, INC., 898 F.3d 1267 (11th Cir. 2018)

. . . . §§ 68.082(2)(a), (b), (g), 68.083(2). . . .

UNITED STATES v. AIDS HEALTHCARE FOUNDATION, INC., 262 F. Supp. 3d 1353 (S.D. Fla. 2017)

. . . . § 68.082(2). . ... . . .

UNITED STATES EX REL. SCHNEIDER, v. J. P. MORGAN CHASE BANK, N. A., 224 F. Supp. 3d 48 (D.D.C. 2016)

. . . . § 68.082(2)(g) Count VII: Georgia False Claims Act, Ga. . . .

BARATI, v. STATE, 198 So. 3d 69 (Fla. Dist. Ct. App. 2016)

. . . .— (1) The department [of Legal Affairs] may diligently investigate a violation under s. 68.082 .... . . . a civil action under the Florida False Claims Act against the person [who has allegedly violated s. 68.082 . . . ] (2) A person may bring a civil action for a violation of s. 68.082 for the person and for the affected . . . percent of the proceeds recovered under any judgment obtained by the department in an action under s. 68.082 . . . persons and entities which seek to wrongfully defraud the State through double and triple recoveries. § 68.082 . . .

UNITED STATES EX REL. MORSELL, v. SYMANTEC CORPORATION,, 130 F. Supp. 3d 106 (D.D.C. 2015)

. . . . § 68.082(2)(a) (“FFCA”). See Omnibus Compl. ¶¶ 321-23. . . . Stat. § 68.082(2)(b). See id. ¶¶ 324-26. . . . Stat. § 68.082(2)(a), (b). . . . . § 68.082(l)(c), (d), and the standards for FFCA liability mirror those under the federal FCA, see United . . .

UNITED STATES v. SPACE COAST MEDICAL ASSOCIATES, L. L. P. M. D. P. A., 94 F. Supp. 3d 1250 (M.D. Fla. 2015)

. . . . § 3729(a)(1)(A) and Section 68.082(2)(a), Florida Statutes. . . . . § 3729(a)(1)(A); accord § 68.082(2)(a), Fla. Stat. . . . false record or statement material to a false or fraudulent claim.” 31 U.S.C. § 3729(a)(1)(B); accord § 68.082 . . . obligation to pay or transmit money or property to the Government.” 31 U.S.C. § 3729(a)(1)(G); accord § 68.082 . . .

STEVENS v. STATE GE a U. S. ABFC, 127 So. 3d 668 (Fla. Dist. Ct. App. 2013)

. . . . §§ 68.082(l)-(2), 68.083(2)-(3), Fla. Stat (2011). . . . .” § 68.082(2), Fla. Stat. . . .

UNITED STATES NOWAK v. MEDTRONIC, INC., 806 F. Supp. 2d 310 (D. Mass. 2011)

. . . . § 68.082(2)(a)-(b); Ga.Code Ann. § 49-4-168.1; Haw.Rev.Stat. § 661-21 (a)(l)-(2); 740 Ill. Comp. . . .

DHL EXPRESS USA INC. DHL DPWN USA v. STATE GRUPP, 60 So. 3d 426 (Fla. Dist. Ct. App. 2011)

. . . .; see also § 68.082(2), Fla. Stat. . . .

GRIFFIN, v. UNITED STATES,, 96 Fed. Cl. 1 (Fed. Cl. 2010)

. . . . §§ 3729-3733” and in “Florida statu[t]e § 68.082(1)(A).” Pl.’s Mot. 2-3. . . .

UNITED STATES ROST, v. PFIZER, INC., 507 F.3d 720 (1st Cir. 2007)

. . . . § 68.082(2), the Hawaii False Claims Act, Haw.Rev.Stat. § 661-21(a), the Illinois Whistleblower Reward . . .

UNITED STATES HEATER, v. HOLY CROSS HOSPITAL, INC., 510 F. Supp. 2d 1027 (S.D. Fla. 2007)

. . . . § 68.082, et seq (“Florida FCA”). . . . Stat. § 68.082(2)(c) (“Count V”); (6) Conspiring to violate the Florida FCA, Fla. . . . . § 68.082(2)(c) (“Count VI”); and (7) Making false records to get claims paid, in violation of the Florida . . . Stat. § 68.082(2)(b) (“Count VII”). Heater was employed by Defendant Holy Cross Hospital, Inc. . . . Stat. § 68.082, et seq. (“Florida FCA”). In accordance with 31 U.S.C. § 3730(b) and Fla. . . .

UNITED STATES Dr. ROST, v. PFIZER INC., 446 F. Supp. 2d 6 (D. Mass. 2006)

. . . . §§ 68.082(2)(a) & (b); Haw.Rev.Stat. §§ 661-21(a)(1) & (2); 740 Ill. Comp. . . . Stat. §§ 68.082(2)(a) & (b); Haw.Rev.Stat. §§ 661-21(a)(1) & (2); 740 Ill. Comp. . . .

UNITED STATES BOGART, v. KING PHARMACEUTICALS,, 414 F. Supp. 2d 540 (E.D. Pa. 2006)

. . . . § 68.082 et seq. (Florida False Claims Act). . . .