Florida Statute 68.09 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 68
MISCELLANEOUS PROCEEDINGS

View Entire Chapter

68.09 Burden of proof.—

(1) In any action brought under this act, the department or the qui tam plaintiff shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.

(2) Notwithstanding any other provision of law, a final judgment or decree rendered in favor of the state or the Federal Government in any criminal proceeding concerning the conduct of the defendant that forms the basis for a civil cause of action under this act, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant in any action by the department pursuant to this act as to all matters as to which such judgment or decree would be an estoppel as if the department had been a party in the criminal proceeding.

History.—s. 10, ch. 94-316; s. 10, ch. 2013-104.

F.S. 68.09 on Google Scholar

F.S. 68.09 on CourtListener

Amendments to 68.09

Annotations, Discussions, Cases:

Cases Citing Statute 68.09

Total Results: 1 | Sort by: Relevance | Newest First

Copy

Zoltan Barati v. State of Florida, Motorola, Inc., 198 So. 3d 69 (Fla. 1st DCA 2016).

Cited 8 times | Published | Florida 1st District Court of Appeal

...term solely on the basis of the Attorney General’s knowledge of the facts giving rise to the claims. § 68.089(1), Fla. Stat. (2013). The statute also only authorizes the application of estoppel in qui tam suits brought by the Attorney General, not by private relators. § 68.09(2), Fla....

...right of action are known or reasonably should have been known by the state official charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed, whichever occurs last. 68.09 Burden of proof.—In any action . . . the State of Florida or the qui tam plaintiff shall be required to prove all essential elements of 9 the cause of action, including damages, by a preponderance of the evidence. 68.091 Construction and severability of provisions.— (1) This act shall be liberally construed to effectuate its remedial and deterrent purposes. (Emphasis added.) From a careful analysis of the plain language of this statute, we can discern the legislative scheme in toto....

...the sole authority of all rights granted private relators to file and litigate qui tam actions. Another overarching principle also must guide our interpretation here, however: The statute must be “liberally construed to effectuate its remedial and deterrent purposes.” § 68.091, Fla....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.