Florida Statute 68.087 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 68
MISCELLANEOUS PROCEEDINGS

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F.S. 68.087

68.087 Exemptions to civil actions.—

(1) No court shall have jurisdiction over an action brought under this act against a member of the Legislature, a member of the judiciary, or a senior executive branch official if the action is based on evidence or information known to the state government when the action was brought. For purposes of this subsection, the term “senior executive branch official” means any person employed in the executive branch of government holding a position in the Senior Management Service as defined in s. 110.402.

(2) In no event may a person bring an action under s. 68.083(2) based upon allegations or transactions that are the subject of a civil action or an administrative proceeding in which the state is already a party.

(3) The court shall dismiss an action brought under this act unless opposed by the department, if substantially the same allegations or transactions as alleged in the action were publicly disclosed:

(a) In a criminal, civil, or administrative hearing in which the state is a party;

(b) In a legislative, administrative, inspector general, or other state report, hearing, audit, or investigation; or

unless the action is brought by the department or the person bringing the action is an original source of the information. For purposes of this subsection, the term “original source” means an individual who, before a public disclosure under this subsection, has voluntarily disclosed to the department the information on which allegations or transactions in a claim are based, or who has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions and has voluntarily provided the information to the department before filing an action under this section.

(4) No court shall have jurisdiction over an action where the person bringing the action under s. 68.083(2) is:

(a) Acting as an attorney for state government; or

(b) An employee or former employee of state government,

and the action is based, in whole or in part, upon information obtained in the course or scope of government employment.

(5) No court shall have jurisdiction over an action where the person bringing the action under s. 68.083(2) obtained the information from an employee or former employee of state government who was not acting in the course or scope of government employment.

(6) No court shall have jurisdiction over an action brought under this act against any county or municipality.

History.—s. 7, ch. 94-316; s. 12, ch. 95-153; s. 105, ch. 2003-261; s. 8, ch. 2013-104.

F.S. 68.087 on Google Scholar

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Amendments to 68.087

Arrestable Offenses / Crimes under Fla. Stat. 68.087

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 68.087.

Annotations, Discussions, Cases:

Cases Citing Statute 68.087

Total Results: 8

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: or in settlement of a claim under this act. 68.087 Exemptions to Civil Actions.— (3) No court

Henderson v. Henderson

Court: District Court of Appeal of Florida | Date Filed: 2015-02-06

Citation: 162 So. 3d 203, 2015 Fla. App. LEXIS 1556, 2015 WL 477876

Snippet: monthly incomes as $5,990.83 for Former Wife and $11,068.87 for Former Husband. After the hearing, the trial

Ago

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

Snippet: branch of state government." 11 For example, s. 68.087, Fla. Stat., in setting forth exemptions to civil

G.P. v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-04-23

Citation: 842 So. 2d 1059, 2003 Fla. App. LEXIS 5743

Snippet: reasonably believes may be the minor’s father .... § 68.087(6)01-3, Fla. Stat. (2002). Notice and service requirements

Ago

Court: Florida Attorney General Reports | Date Filed: 1975-05-02

Snippet: January 1, 1974. Cf., AGO's 075-32, 069-26, and 068-87. Although the act relates only to millage, millage

State Ex Rel. Dade County v. Dickinson

Court: Supreme Court of Florida | Date Filed: 1969-11-03

Citation: 230 So. 2d 130

Snippet: out in full above. Note also Op.Atty.Gen. Fla. 068-87 (July 23, 1968) wherein it is stated that "the

Belle Terre Ass'n v. Brosch

Court: District Court of Appeal of Florida | Date Filed: 1968-12-06

Citation: 216 So. 2d 462, 1968 Fla. App. LEXIS 4697

Snippet: MANN, Judge. Belle Terre is admittedly one of the more pleasant and gracious subdivisions in Dunedin. Since it was platted in 1924 a covenant running with the land has provided that “only one dwelling house (except for servants) shall be erected on any single lot or plot and each dwelling house shall be for one family only.” There is not the slightest suggestion that enforcement of this restriction has been rendered inequitable by supervening circumstance. Corner lots, of which Lot 90 is one, are

Douglas v. State

Court: District Court of Appeal of Florida | Date Filed: 1968-11-26

Citation: 216 So. 2d 82, 1968 Fla. App. LEXIS 4672

Snippet: HENDRY, Judge. This is an appeal by defendant, Taft Douglas, Jr., from a-conviction of breaking and entering a dwelling with intent to commit a felony, to-wit: Grand Larceny and Petit Larceny. The first point raised on appeal is: “Whether the trial court deprived the defendant of his right to counsel by denying defendant’s request that the trial be continued?” The record reveals that the defendant was arrested and charged on October IS, 1966, for the above-mentioned crime. On November 17, 1966,