Florida Statute 68.091 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 68
MISCELLANEOUS PROCEEDINGS

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68.091 Construction and severability of provisions.—

(1) This act shall be liberally construed to effectuate its remedial and deterrent purposes.

(2) If any provision of this act or its application to any particular person or circumstance is held invalid, that provision or its application is severable and does not affect the validity of other provisions or applications of this act.

History.—s. 11, ch. 94-316.

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Amendments to 68.091

Annotations, Discussions, Cases:

Cases Citing Statute 68.091

Total Results: 2 | Sort by: Relevance | Newest First

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Smith v. Fisher, 965 So. 2d 205 (Fla. 4th DCA 2007).

Cited 8 times | Published | Florida 4th District Court of Appeal | 2007 WL 2480999

...olous and malicious actions intended to embarrass or harass public officers and employees." Ch. 96-106, § 1 at 93, Laws of Fla. Focusing on meritless litigation filed by persons other than prisoners, the business section of the Florida Bar proposed section 68.091 to the legislature....

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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

...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....

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