Florida Statutes
Fla. Stat. § 68.083 (2025)
Civil actions for false claims.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
68.083 Civil actions for false claims.—
(1) The department may diligently investigate a violation under s. 68.082. If the department finds that a person has violated or is violating s. 68.082, the department may bring a civil action under the Florida False Claims Act against the person. The Department of Financial Services may bring a civil action under this section if the action arises from an investigation by that department and the Department of Legal Affairs has not filed an action under this act.
(2) A person may bring a civil action for a violation of s. 68.082 for the person and for the affected agency. Civil actions instituted under this act shall be governed by the Florida Rules of Civil Procedure and shall be brought in the name of the State of Florida. Prior to the court unsealing the complaint under subsection (3), the action may be voluntarily dismissed by the person bringing the action only if the department gives written consent to the dismissal and its reasons for such consent.
(3) The complaint shall be identified on its face as a qui tam action and shall be filed in the circuit court of the Second Judicial Circuit, in and for Leon County. Immediately upon the filing of the complaint, a copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Attorney General, as head of the department, and on the Chief Financial Officer, as head of the Department of Financial Services, by registered mail, return receipt requested. The department, or the Department of Financial Services under the circumstances specified in subsection (4), may elect to intervene and proceed with the action, on behalf of the state, within 60 days after it receives both the complaint and the material evidence and information.
(4) If a person brings an action under subsection (2) and the action is based upon the facts underlying a pending investigation by the Department of Financial Services, the Department of Financial Services, instead of the department, may take over the action on behalf of the state. In order to take over the action, the Department of Financial Services must give the department written notification within 20 days after the action is filed that the Department of Financial Services is conducting an investigation of the facts of the action and that the Department of Financial Services, instead of the department, will take over the action filed under subsection (2). If the Department of Financial Services takes over the action under this subsection, the word “department” as used in this act means the Department of Financial Services, and that department, for purposes of that action, shall have all rights and standing granted the department under this act.
(5) The department may, for good cause shown, request the court to extend the time during which the complaint remains under seal under subsection (2). Any such motion may be supported by affidavits or other submissions in camera. The defendant is not required to respond to any complaint filed under this section until 20 days after the complaint is unsealed and served upon the defendant in accordance with law.
(6) Before the expiration of the 60-day period or any extensions obtained under subsection (5), the department shall:
(a) Proceed with the action, in which case the action is conducted by the department on behalf of the state; or
(b) Notify the court that it declines to take over the action, in which case the person bringing the action has the right to conduct the action.
(7) When a person files an action under this section, no person other than the department may intervene or bring a related action based on the facts underlying the pending action.
(8)(a) Except as otherwise provided in this subsection, the complaint and information held by the department pursuant to an investigation of a violation of s. 68.082 is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(b) Information made confidential and exempt under paragraph (a) may be disclosed by the department to a law enforcement agency or another administrative agency in the performance of its official duties and responsibilities.
(c) Information made confidential and exempt under paragraph (a) is no longer confidential and exempt once the investigation is completed, unless the information is otherwise protected by law.
(d) For purposes of this subsection, an investigation is considered complete:
1. Under subsection (1) once the department either files its own action or closes its investigation without filing an action.
2. Under subsection (2) upon the unsealing of the qui tam action or its voluntary dismissal prior to any unsealing.
History.—s. 3, ch. 94-316; s. 103, ch. 2003-261; s. 3, ch. 2007-236; s. 3, ch. 2013-104; s. 1, ch. 2013-105; s. 1, ch. 2018-75.
Notes of Decisions
Cited in 17
cases (10 in the last 5 years), 2004–2026 · leading case: Zoltan Barati v. State of Florida, Motorola, Inc., 198 So. 3d 69 (Fla. 1st DCA 2016).
Zoltan Barati v. State of Florida, Motorola, Inc., 198 So. 3d 69 (Fla. 1st DCA 2016). “§ 68.083, Fla. Stat. (2009), Thus, the Attorney General controls the power of the relator to end the litigation.”
United States Ex Rel. Heater v. Holy Cross Hosp., Inc., 510 F. Supp. 2d 1027 (S.D. Fla. 2007). “§ 3730 (b) and Fla. Stat. § 68.083 , the Complaint was filed under seal to allow the United States and the State of Florida time to decide whether to intervene in the action.”
State of Florida v. Zoltan Barati & Motorola, Inc., 150 So. 3d 810 (Fla. 1st DCA 2014). “” §§ 68.083(2), (3) and (6), and 68.084(1) and (3), Fla.”
United States ex rel. Palmieri v. Alpharma, Inc., 928 F. Supp. 2d 840 (D. Maryland 2013). “6, § 1203 (b)(5); Fla. Stat. Ann. § 68.083 (7); Ga. Code Ann.”
United States Ex Rel. Rost v. Pfizer Inc., 446 F. Supp. 2d 6 (D. Mass. 2006). “Code § 2-308-15(b); Fla. Stat. § 68.083 (2); Haw.Rev.Stat. § 661-25; 740 Ill.”
DHL Express (USA), Inc. v. State ex rel. Grupp, 60 So. 3d 426 (Fla. 1st DCA 2011). “Copies of the complaint and supporting documents were served on the appropriate state officials in accordance with section 68.083(3), Florida Statutes. The State declined to intervene and the case below proceeded without its participation.”
Myers v. State, 866 So. 2d 103 (Fla. 1st DCA 2004). “While the proceeding was pending, appellee, the State of Florida, intervened pursuant to section 68.083(6)(a), filing a complaint seeking damages and civil penalties arising from false claims and reports submitted to the Medicaid program for nursing home services and for care to…”
United States of Am. v. HCA Healthcare (M.D. Fla. 2022). “§ 68.083(2)(a) for “presenting . . . false or fraudulent claims to the United States of America and the State of Florida” (“Presentment Claims”); § 3729(a)(1)(B) and FLA.”
Halifax Hosp. Med. Ctr. v. Off. of the Attorney Gen. (Fla. 3d DCA 2024). “1st DCA 2016) (holding that the Attorney General has the authority to dismiss a qui tam false claims action over relator’s objection despite Attorney General’s lack of prior intervention, as such claims are “brought in the name of the state” under section 68.083, Florida…”
South Broward Hosp. Dist., d/b/a Mem'l Healthcare Sys. v. Off. of the Attorney Gen., Dep't of Legal Affairs, State of Florida (Fla. 3d DCA 2024). “1st DCA 2016) (holding that the Attorney General has the authority to dismiss a qui tam false claims action over relator’s objection despite Attorney General’s lack of prior intervention, as such claims are “brought in the name of the state” under section 68.083, Florida…”
Sch. Bd. of Miami-Dade Cnty. & Putnam Cnty. Sch. Bd. v. Off. of the Attorney Gen., Dep't of Legal Affairs, State of Florida (Fla. 3d DCA 2024). “1st DCA 2016) (holding that the Attorney General has the authority to dismiss a qui tam false claims action over relator’s objection despite Attorney General’s lack of prior intervention, as such claims are “brought in the name of the state” under section 68.083, Florida…”
Sarasota Cnty. Pub. Hosp. Dist., d/b/a Sarasota Mem'l Healthcare Sys., Inc. v. Off. of the Attorney Gen., Dep't of Legal Affairs, State of Florida (Fla. 2d DCA 2024). “1st DCA 2016) (holding that the Attorney General has the authority to dismiss a qui tam false claims action over relator’s objection despite Attorney General’s lack of prior intervention, as such claims are “brought in the name of the state” under section 68.083, Florida…”
— 68.083(2) — 3 cases
Zoltan Barati v. State of Florida, Motorola, Inc., 198 So. 3d 69 (Fla. 1st DCA 2016). “§ 68.083, Fla. Stat. (2009), Thus, the Attorney General controls the power of the relator to end the litigation.”
State of Florida v. Zoltan Barati & Motorola, Inc., 150 So. 3d 810 (Fla. 1st DCA 2014). “” §§ 68.083(2), (3) and (6), and 68.084(1) and (3), Fla.”
State of Florida, Ex Rel., Chertok v. Zillow, Inc. (Fla. 1st DCA 2026).
— 68.083(2)(a) — 1 case
United States of Am. v. HCA Healthcare (M.D. Fla. 2022). “§ 68.083(2)(a) for “presenting . . . false or fraudulent claims to the United States of America and the State of Florida” (“Presentment Claims”); § 3729(a)(1)(B) and FLA.”
— 68.083(2)(b) — 1 case
United States of Am. v. HCA Healthcare (M.D. Fla. 2022). “§ 68.083(2)(a) for “presenting . . . false or fraudulent claims to the United States of America and the State of Florida” (“Presentment Claims”); § 3729(a)(1)(B) and FLA.”
— 68.083(2)(g) — 1 case
United States of Am. v. HCA Healthcare (M.D. Fla. 2022). “§ 68.083(2)(a) for “presenting . . . false or fraudulent claims to the United States of America and the State of Florida” (“Presentment Claims”); § 3729(a)(1)(B) and FLA.”
— 68.083(3) — 4 cases
Zoltan Barati v. State of Florida, Motorola, Inc., 198 So. 3d 69 (Fla. 1st DCA 2016). “§ 68.083, Fla. Stat. (2009), Thus, the Attorney General controls the power of the relator to end the litigation.”
State of Florida v. Zoltan Barati & Motorola, Inc., 150 So. 3d 810 (Fla. 1st DCA 2014). “” §§ 68.083(2), (3) and (6), and 68.084(1) and (3), Fla.”
DHL Express (USA), Inc. v. State ex rel. Grupp, 60 So. 3d 426 (Fla. 1st DCA 2011). “Copies of the complaint and supporting documents were served on the appropriate state officials in accordance with section 68.083(3), Florida Statutes. The State declined to intervene and the case below proceeded without its participation.”
Zoltan Barati v. Florida Attorney Gen. (11th Cir. 2021).
— 68.083(6)(a) — 1 case
Myers v. State, 866 So. 2d 103 (Fla. 1st DCA 2004). “While the proceeding was pending, appellee, the State of Florida, intervened pursuant to section 68.083(6)(a), filing a complaint seeking damages and civil penalties arising from false claims and reports submitted to the Medicaid program for nursing home services and for care to…”
— 68.083(7) — 1 case
Zoltan Barati v. State of Florida, Motorola, Inc., 198 So. 3d 69 (Fla. 1st DCA 2016). “§ 68.083, Fla. Stat. (2009), Thus, the Attorney General controls the power of the relator to end the litigation.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.