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Florida Statute 68.083 | Lawyer Caselaw & Research
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F.S. 68.083 Case Law from Google Scholar Google Search for Amendments to 68.083

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 68
MISCELLANEOUS PROCEEDINGS
View Entire Chapter
F.S. 68.083
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.

F.S. 68.083 on Google Scholar

F.S. 68.083 on Casetext

Amendments to 68.083


Arrestable Offenses / Crimes under Fla. Stat. 68.083
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 68.083.

Annotations, Discussions, Cases:

Cases Citing Statute 68.083

Total Results: 20

Lee Memorial Health System, d/b/a Lee Health v. Office of the Attorney General, Department of Legal Affairs, State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-08-14

Snippet: “brought in the name of the state” under section 68.083, Florida Statutes, and the Attorney General is

North Broward Hospital District, d/b/a Broward Health v. Office of the Attorney General, Department of Legal Affairs, State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-08-14

Snippet: “brought in the name of the state” under section 68.083, Florida Statutes, and the Attorney General is

Putnam County School Board v. Office of the Attorney General, Department of Legal Affairs, State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-08-14

Snippet: “brought in the name of the state” under section 68.083, Florida Statutes, and the Attorney General is

Sarasota County Public Hospital District, d/b/a Sarasota Memorial Healthcare System, Inc. v. Office of the Attorney General, Department of Legal Affairs, State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-08-14

Snippet: “brought in the name of the state” under section 68.083, Florida Statutes, and the Attorney General is

School Board of Miami-Dade County and Putnam County School Board v. Office of the Attorney General, Department of Legal Affairs, State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-08-14

Snippet: “brought in the name of the state” under section 68.083, Florida Statutes, and the Attorney General is

South Broward Hospital District, d/b/a Memorial Healthcare System v. Office of the Attorney General, Department of Legal Affairs, State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-08-14

Snippet: “brought in the name of the state” under section 68.083, Florida Statutes, and the Attorney General is

Halifax Hospital Medical Center v. Office of the Attorney General

Court: District Court of Appeal of Florida | Date Filed: 2024-08-14

Snippet: “brought in the name of the state” under section 68.083, Florida Statutes, and the Attorney General is

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: conducted an investigation, pursuant to section 68.083(3), Florida Statutes. The State declined to join

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

Court: District Court of Appeal of Florida | Date Filed: 2014-10-06

Citation: 150 So. 3d 810

Snippet: action has the right to conduct the action.” §§ 68.083(2), (3) and (6), and 68.084(1) and (3), Fla. Stat

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: to pay the State of Florida. §§ 68.082(l)-(2), 68.083(2)-(3), Fla. Stat (2011). FFCA violations are subject

Douglas v. State

Court: Supreme Court of Florida | Date Filed: 2012-01-05

Citation: 141 So. 3d 107, 2012 WL 16745

Snippet: principles enunciated in Ake v. Oklahoma, 470 U.S. 68, 83, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985). Even if

Ago

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

Snippet: the act or omission of that person." And see s. 68.083(2), Fla. Stat., authorizing a person to bring a

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: appropriate state officials in accordance with section 68.083(3), Florida Statutes. The State declined to intervene

Anderson v. State

Court: Supreme Court of Florida | Date Filed: 2009-07-09

Citation: 18 So. 3d 501, 34 Fla. L. Weekly Supp. 430, 2009 Fla. LEXIS 1021, 2009 WL 1954982

Snippet: presentation of the defense." Ake v. Oklahoma, 470 U.S. 68, 83, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985). Because

Pooler v. State

Court: Supreme Court of Florida | Date Filed: 2008-01-31

Citation: 980 So. 2d 460

Snippet: requirements of Strickland and Ake v. Oklahoma, 470 U.S. 68, 83, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985) (holding

Walls v. State

Court: Supreme Court of Florida | Date Filed: 2006-02-09

Citation: 926 So. 2d 1156, 2006 WL 300665

Snippet: his behalf at retrial. Ake v. Oklahoma, 470 U.S. 68, 83, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985), requires

Windom v. State

Court: Supreme Court of Florida | Date Filed: 2004-05-06

Citation: 886 So. 2d 915, 2004 WL 1057640

Snippet: reasonable chance of success." Ake v. Oklahoma, 470 U.S. 68, 83, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985). Issue 2:

Myers v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-01-29

Citation: 866 So. 2d 103, 2004 WL 221274

Snippet: State of Florida, intervened pursuant to section 68.083(6)(a), filing a complaint seeking damages and civil

Schwab v. State

Court: Supreme Court of Florida | Date Filed: 2002-03-28

Citation: 814 So. 2d 402, 2002 WL 463873

Snippet: for the defense. See Ake v. Oklahoma, 470 U.S. 68, 83, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985); see also

Blanco v. State

Court: Supreme Court of Florida | Date Filed: 1997-09-18

Citation: 706 So. 2d 7, 1997 WL 575323

Snippet: error. See generally Ake v. Oklahoma, 470 U.S. 68, 83, 105 S.Ct. 1087, 1096, 84 L.Ed.2d 53 (1985) (pointing