Florida Statute 68.09 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 68
MISCELLANEOUS PROCEEDINGS

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F.S. 68.09

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 Casetext

Amendments to 68.09

Arrestable Offenses / Crimes under Fla. Stat. 68.09

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 68.09.

Annotations, Discussions, Cases:

Cases Citing Statute 68.09

Total Results: 20

In Re: Amendments to the Florida Rules of Appellate Procedure

Court: Supreme Court of Florida | Date Filed: 2023-03-16

Snippet: adoption pursuant tounder sections 120.54 or 120.68(9), Florida Statutes, in which the sole issue presented

In Re: Amendments to the Florida Rules of Appellate Procedure

Court: Supreme Court of Florida | Date Filed: 2023-03-16

Snippet: adoption pursuant tounder sections 120.54 or 120.68(9), Florida Statutes, in which the sole issue presented

W.B., A JUVENILE v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-06-29

Snippet: cross-examination.” Id. at 68. 9 As observed by the late

In RE: AMENDMENTS TO the FLORIDA RULES OF APPELLATE PROCEDURE-2017 REGULAR-CYCLE REPORT.

Court: Supreme Court of Florida | Date Filed: 2018-10-25

Citation: 256 So. 3d 1218

Snippet: (rule adoption) and or 120.68(9), Florida Statutes, in which the sole issue presented

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: violation is committed, whichever occurs last. 68.09 Burden of proof. — In any action .,. the State of

Ago

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

Snippet: The Florida False Claims Act, sections 68.081-68.09, Florida Statutes, authorizes civil actions to be

DHL Express (USA), Inc. v. State ex rel. Grupp

Court: District Court of Appeal of Florida | Date Filed: 2011-03-10

Citation: 60 So. 3d 426, 2011 Fla. App. LEXIS 3206

Snippet: Florida False Claims Act, sections 68.081 through 68.09, Florida Statutes. They contend DHL improperly billed

Amendments to the Florida Rules of Appellate Procedure

Court: Supreme Court of Florida | Date Filed: 2005-02-03

Citation: 894 So. 2d 202, 30 Fla. L. Weekly Supp. 84, 2005 Fla. LEXIS 154, 2005 WL 242690

Snippet: pursuant to sections 120.54 (rule adoption) and 120.68(9), Florida Statutes, in which the sole issue presented

Amend. to Rules of App. Proc., Civ. Proc.

Court: Supreme Court of Florida | Date Filed: 2004-09-30

Citation: 887 So. 2d 1090, 2004 WL 2201732

Snippet: pursuant to sections 120.54 (rule adoption) and 120.68(9), Florida Statutes, in which the sole issue presented

Myers v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-01-29

Citation: 866 So. 2d 103, 2004 WL 221274

Snippet: POLSTON, JJ., concur. NOTES [1] Sections 68.081-68.09, Fla. Stat. (2002). [2] Specifically, section 68

Amendments to Florida Rules of Appellate Procedure

Court: Supreme Court of Florida | Date Filed: 2002-08-29

Citation: 827 So. 2d 888, 27 Fla. L. Weekly Supp. 730, 2002 Fla. LEXIS 1810, 2002 WL 1981372

Snippet: pursuant to sections 120.54 (rule adoption) and 120.68(9), Florida Statutes, in which the sole issue presented

Jones v. Miami-Dade County

Court: District Court of Appeal of Florida | Date Filed: 2002-05-22

Citation: 816 So. 2d 824, 2002 WL 1021558

Snippet: 55 (Fla. 4th DCA 1979); 1968 Op. Att'y Gen. Fla. 068-9 (1968).[2] The plain language of each of the appellant's

Amend. to Fla. Rules of Appellate Proc.

Court: Supreme Court of Florida | Date Filed: 2000-10-12

Citation: 780 So. 2d 834, 2000 WL 1508541

Snippet: pursuant to sections 120.54 (rule adoption) and 120.68(9), Florida Statutes, in which the sole issue presented

Caddy v. State, Dept. of Health

Court: District Court of Appeal of Florida | Date Filed: 2000-03-17

Citation: 764 So. 2d 625

Snippet: 686 So.2d 724 (Fla. 1st DCA 1997), and section 120.68(9), Florida Statutes (1997). We also find it a bit

Neonatology Associates, P.A. v. State, Agency for Health Care Administration

Court: District Court of Appeal of Florida | Date Filed: 1997-09-03

Citation: 698 So. 2d 641, 1997 Fla. App. LEXIS 10224

Snippet: rules is not clearly erroneous. See § 120.68(8), .68(9), Fla. Stat. (1995); Department of Health & Rehabilitative

Willette v. Air Products

Court: District Court of Appeal of Florida | Date Filed: 1997-09-03

Citation: 700 So. 2d 397, 1997 WL 535985

Snippet: jurisdiction over the appeal, by virtue of section 120.68(9), Florida Statutes (Supp.1996). Under our constitution

Lewis v. LAKELAND HEALTH CARE CENTER

Court: District Court of Appeal of Florida | Date Filed: 1996-11-06

Citation: 685 So. 2d 876, 1996 WL 637253

Snippet: hearing using the above-stated burdens of proof. § 120.68(9)(b), Fla.Stat. (1995). See also Sheriff of Monroe

Amend. to Fla. Rule of Appellate Proc. 9.020 (A)

Court: Supreme Court of Florida | Date Filed: 1996-09-27

Citation: 681 So. 2d 1132, 1996 WL 548949

Snippet: pursuant to sections 120.54 (rule adoption) and 120.68(9), Florida Statutes, in which the sole issue presented

WARNING SAFETY LIGHTS v. Dept. of Rev.

Court: District Court of Appeal of Florida | Date Filed: 1996-09-04

Citation: 678 So. 2d 1377, 1996 WL 496653

Snippet: Department's Declaratory Statement pursuant to section 120.68(9)(a), Florida Statutes (1993). WSLG is a duly authorized

Advanced Mobilehome v. Uac

Court: District Court of Appeal of Florida | Date Filed: 1995-12-06

Citation: 663 So. 2d 1382, 1995 WL 712530

Snippet: 456 So.2d 1219, 1222 (Fla. 1st DCA 1984); § 120.68(9)(a), Fla. Stat. (1993). See also Public Employees