Bill Text: FL S1464 | 2018 | Regular Session | Introduced
Bill Title: Florida False Claims Act
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-03-10 - Died in Judiciary [S1464 Detail]
Download: Florida-2018-S1464-Introduced.html
Florida Senate - 2018 SB 1464 By Senator Farmer 34-00504-18 20181464__ 1 A bill to be entitled 2 An act relating to the Florida False Claims Act; 3 amending s. 68.084, F.S.; authorizing the Attorney 4 General, on behalf of the Department of Legal Affairs, 5 to voluntarily dismiss certain civil actions; 6 providing an exception; providing that the department 7 may not dismiss such actions on behalf of the state at 8 a later date under certain circumstances; amending s. 9 68.087, F.S.; deleting a provision prohibiting a court 10 from having jurisdiction over an action brought by an 11 employee or former employee of state government; 12 providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraph (a) of subsection (2) and subsection 17 (3) of section 68.084, Florida Statutes, are amended to read: 18 68.084 Rights of the parties in civil actions.— 19 (2)(a) The department, or the Attorney General, as head of 20 the department, may at any point voluntarily dismiss the action 21 notwithstanding the objections of the person initiating the 22 action, unless the department elected not to proceed with the 23 action and the person who initiated the action proceeds with the 24 action under subsection (3). 25 (3) If the department elects not to proceed with the 26 action, the person who initiated the action has the right to 27 conduct the action. If the Attorney General, as head of the 28 department, or the Chief Financial Officer, as head of the 29 Department of Financial Services, so requests, it shall be 30 served with copies of all pleadings and motions filed in the 31 action along with copies of all deposition transcripts at the 32 requesting department’s expense. When a person proceeds with the 33 action, the court, without limiting the rights of the person 34 initiating the action, may nevertheless permit the department to 35 intervene and take over the action, except to dismiss the 36 action, on behalf of the state at a later date upon showing of 37 good cause. 38 Section 2. Subsection (4) of section 68.087, Florida 39 Statutes, is amended to read: 40 68.087 Exemptions to civil actions.— 41 (4) No court shall have jurisdiction over an action where 42 the person bringing the action under s. 68.083(2) is:43(a)acting as an attorney for state government; or44(b) An employee or former employee of state government,and 45 the action is based, in whole or in part, upon information 46 obtained in the course or scope of government employment. 47 Section 3. This act shall take effect July 1, 2018.