Florida Statute 68.085 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 68
MISCELLANEOUS PROCEEDINGS

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F.S. 68.085

68.085 Awards to plaintiffs bringing action.—

(1)(a) If the department proceeds with an action brought by a person under this act, subject to the requirements of paragraph (b), the person shall receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action.

(b) If the court finds the action to be based primarily on disclosures of specific information, other than information provided by the person bringing the action, relating to allegations or transactions in a criminal, civil, or administrative hearing; a legislative, administrative, inspector general, or auditor general report, hearing, audit, or investigation; or from the news media, the court may award such sums as it considers appropriate, but in no case more than 10 percent of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation.

(c) Any payment to a person under paragraph (a) or paragraph (b) shall be made from the proceeds. The person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorney fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.

(2) If the department does not proceed with an action under this section, the person bringing the action or settling the claim shall receive an amount that the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than 25 percent and not more than 30 percent of the proceeds of the action or settlement and shall be paid out of such proceeds. The person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorney fees and costs. All such expenses, fees, and costs shall be awarded against the defendant.

(3) Following any distributions under subsection (1) or subsection (2), the state entity injured by the submission of a false or fraudulent claim shall be awarded an amount not to exceed its compensatory damages. If the action was based on a claim of funds from the state Medicaid program, 10 percent of any remaining proceeds shall be deposited into the Operating Trust Fund to fund rewards for persons who report and provide information relating to Medicaid fraud pursuant to s. 409.9203. Any remaining proceeds, including civil penalties awarded under s. 68.082, shall be deposited in the General Revenue Fund.

(4) Regardless of whether the department proceeds with the action, if the court finds that the action was brought by a person who planned and initiated the violation of s. 68.082 upon which the action was brought, the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action that the person would otherwise receive under this section, taking into account the role of the person in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the person bringing the action is convicted of criminal conduct arising from his or her role in the violation of s. 68.082, the person shall be dismissed from the civil action and shall not receive any share of the proceeds of the action. Such dismissal shall not prejudice the right of the department to continue the action.

History.—s. 5, ch. 94-316; s. 11, ch. 95-153; s. 5, ch. 2007-236; s. 2, ch. 2009-223; s. 22, ch. 2010-162; s. 6, ch. 2013-104.

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Amendments to 68.085

Arrestable Offenses / Crimes under Fla. Stat. 68.085

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 68.085.

Annotations, Discussions, Cases:

Cases Citing Statute 68.085

Total Results: 6

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: intervene on its own behalf as a matter of right. 68.085. Awards to plaintiffs bringing action.— (1)

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: of the proceeds of the action or settlement.” § 68.085(1), Fla. Stat. This statutory scheme affords a

Stowe v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-07-12

Citation: 66 So. 3d 1015, 2011 Fla. App. LEXIS 10899, 2011 WL 2685611

Snippet: his scoresheet established a sentencing range of 68.85 to 90 months' imprisonment. He was sentenced to

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-03-20

Snippet: special assessments (which are synonymous, see AGO 068-85) and the question will be so treated. Section 8

Henderson v. State

Court: District Court of Appeal of Florida | Date Filed: 1969-08-15

Citation: 226 So. 2d 113, 1969 Fla. App. LEXIS 5228

Snippet: McNULTY, Judge. This is a companion case to Bogan v. State, 226 So.2d 110, Opinion filed August IS, 1969. Appellant was jointly tried and convicted with Bogan. He raises three points on appeal, only one of which was arguably meritorious. This point is the same arguable point raised by Bogan and extensively dealt with in Bogan v. State, supra. For the reasons therein the judgment appealed from should be, and the same is hereby, Affirmed. HOBSON, C. J., and LILES, J., concur.

Continental Assurance Co. v. Albert

Court: District Court of Appeal of Florida | Date Filed: 1968-09-10

Citation: 214 So. 2d 80

Snippet: SWANN, Judge. This appeal is from a final judgment rendered after the trial court directed a verdict for the appellee, James M. Albert. The appellant claims that error was committed by the trial court in directing a verdict for the plaintiff at the close of all the evidence. We have reviewed the record on appeal and do not find that reversible error was committed in this regard. See New York Life Ins. Co. v. Bird, 152 Fla. 532, 12 So.2d 454 (1943) ; New England Mut. Life Ins. Co. v. Huckins, 127