The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 68
MISCELLANEOUS PROCEEDINGS

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F.S. 68.089

68.089 Limitation of actions; effect of interventions by department.—

(1) A civil action under this act may not be brought:

(a) More than 6 years after the date on which the violation of s. 68.082 is committed; or

(b) More than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the department, but in no event more than 10 years after the date on which the violation is committed, whichever occurs last.

(2) If the department elects to intervene and proceed with an action brought under s. 68.083(2), the department may file its own complaint or amend the complaint of a person who has brought an action under s. 68.083(2) to clarify or add detail to the claims in which the department is intervening and to add any additional claims with respect to which the department contends it is entitled to relief. For statute of limitations purposes, any such pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the state arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person. This subsection applies to any actions under s. 68.083(2) pending on or filed after July 1, 2013.

History.—s. 9, ch. 94-316; s. 6, ch. 2007-236; s. 9, ch. 2013-104.

F.S. 68.089 on Google Scholar

F.S. 68.089 on Casetext

Amendments to 68.089

Arrestable Offenses / Crimes under Fla. Stat. 68.089

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 68.089.

Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES EX REL. A. WOOD, v. ALLERGAN, INC., 246 F. Supp. 3d 772 (S.D.N.Y. 2017)

. . . . § 68.089(1)(a); Ga. Code Ann. § 23-3-123(a); 740 Ill. Comp. Stat. 175/5(b)(1); Ind. . . .

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

. . . based, in whole or in part, upon information obtained in the course or scope of government employment. 68.089 . . . term solely on the basis of the Attorney General's knowledge of the facts giving rise to the claims. § 68.089 . . .

V. C. B. E. G. B. v. SHAKIR,, 145 So. 3d 967 (Fla. Dist. Ct. App. 2014)

. . . .” § 68.089(3)(e), Fla. Stat. . . . Subsection (4) of Section 68.089 provides: (4) Finding of abandonment. — A finding of abandonment resulting . . .

UNITED STATES BERGMAN, v. ABBOT LABORATORIES,, 995 F. Supp. 2d 357 (E.D. Pa. 2014)

. . . . § 68.089(1); Georgia False Medicaid Claims Act, Ga.Code § 49-4-168.5; Hawaii False Claims Act, Haw.Rev . . .

UNITED STATES FOSTER, v. BRISTOL- MYERS SQUIBB COMPANY,, 587 F. Supp. 2d 805 (E.D. Tex. 2008)

. . . . § 68.089 (1994). . . . Stat. § 68.089 (2007). . The Complaint must be served on the state before it is unsealed. Tex. Hum. . . .

HEART OF ADOPTIONS, INC. v. J. A., 963 So. 2d 189 (Fla. 2007)

. . . petition alleged physical and financial abandonment of the birth mother and child pursuant to sections 68.089 . . .

MEYERS, v. ASICS CORP., 711 F. Supp. 1001 (C.D. Cal. 1989)

. . . ABC International Traders, Inc., 1988-1 Trade Cases § 68.089, 1988 WL 144747 (C.D.Cal.1988). . . .