Florida Statute 68.089 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 68.089

Total Results: 7

State of Florida v. Robert Franklin Floyd

Court: Fla. | Date Filed: 2016-03-10T00:00:00-08:00

Citation: 186 So. 3d 1013, 41 Fla. L. Weekly Supp. 85, 2016 Fla. LEXIS 502

Snippet: See, e.g., Outlaw v. State, 82 Fla. 68, 89 So. 342, 343 (1921); Bryant v. State,

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

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-22T00:00:00-08:00

Citation: 198 So. 3d 69

Snippet: course or scope of government employment. 68.089 Limitation of actions; effect of intervention by…knowledge of the facts giving rise to the claims. § 68.089(1), Fla. Stat. (2013). The statute also only authorizes

V.C.B. and E.G.B. v. Sultan Shakir

Court: Fla. Dist. Ct. App. | Date Filed: 2014-08-27T00:00:00-07:00

Citation: 145 So. 3d 967, 2014 Fla. App. LEXIS 13445

Snippet: abandoned the child.” § 68.089(3)(e), Fla. Stat. Subsection (4) of Section 68.089 provides: (4)

Gibbs v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-06-27T00:00:00-07:00

Citation: 789 So. 2d 443, 2001 Fla. App. LEXIS 8782, 2001 WL 716836

Snippet: should have been given. See Outlaw v. State, 82 Fla. 68, 89 So. 342, 343 (1921) (where there is the potential

White v. Clayton

Court: Fla. | Date Filed: 1975-10-22T00:53:00-07:00

Citation: 323 So. 2d 573

Snippet: in this regard are Levy v. Louisiana, 391 U.S. 68, 89 S.Ct. 1509 [20 L.Ed.2d 436] (1968); and Glona v

Wright v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1968-11-22T00:00:00-08:00

Citation: 216 So. 2d 229, 1968 Fla. App. LEXIS 4681

Snippet: LILES, C. J., and ALLEN, J., concur. No. 68-89 District Court of Appeal of Florida fladistctapp

Derupaz v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1968-03-27T00:00:00-08:00

Citation: 209 So. 2d 493, 1968 Fla. App. LEXIS 6257

Snippet: PER CURIAM. Certiorari denied. No. 68-89 District Court of Appeal of Florida fladistctapp