Bill Text: FL S1494 | 2013 | Regular Session | Comm Sub
Bill Title: Florida False Claims Act
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2013-04-24 - Laid on Table, companion bill(s) passed, see CS/CS/HB 935 (Ch. 2013-104), HB 1297 (Ch. 2013-105) [S1494 Detail]
Download: Florida-2013-S1494-Comm_Sub.html
Florida Senate - 2013 CS for CS for SB 1494
By the Committees on Rules; and Judiciary; and Senator Thrasher
595-04599-13 20131494c2
1 A bill to be entitled
2 An act relating to the Florida False Claims Act;
3 amending s. 68.081, F.S.; revising a cross-reference;
4 deleting a statement of purpose; amending s. 68.082,
5 F.S.; deleting, revising, and providing definitions;
6 revising conditions under which a person is liable for
7 a specified civil penalty; amending s. 68.083, F.S.;
8 revising terminology; revising language concerning who
9 may intervene or bring a related action after a person
10 files an action under the act; creating s. 68.0831,
11 F.S.; defining the term “department”; authorizing the
12 Department of Legal Affairs to issue subpoenas for
13 specified purposes before the institution of civil
14 proceedings; providing requirements for the content
15 and service of subpoenas; providing that such
16 subpoenas may not require specified protected
17 documents or testimony; specifying that the
18 department’s power to require the appearance of
19 witnesses or production of documents or other tangible
20 evidence located outside the state is unaffected;
21 providing for petitions to modify or set aside
22 subpoenas; providing for orders to comply with
23 subpoenas; providing for the examination of witnesses;
24 providing for review of transcripts of testimony;
25 authorizing the department to stipulate to protective
26 orders of submitted documents and information;
27 providing for natural persons who decline to testify
28 or produce documents after asserting a privilege
29 against self-incrimination to be ordered to testify or
30 produce documents; providing for contempt to comply
31 with such orders; providing for examination of
32 testimony, answers, or materials by the person who
33 produced such materials or answers; providing
34 applicability; prohibiting a person knowing or having
35 reason to believe that a subpoena is pending from
36 tampering with evidence; providing civil penalties;
37 amending s. 68.084, F.S.; clarifying that the
38 department may dismiss actions at any point; revising
39 language concerning the costs to the department for
40 continuing to receive pleadings and transcripts of an
41 action after it has elected to withdraw; providing
42 that the state may elect to pursue available
43 alternative remedies, including administrative
44 proceedings; specifying what constitutes a final
45 finding or conclusion in an alternative proceeding
46 that is binding on all parties to an action under the
47 act; amending s. 68.085, F.S.; providing for
48 successful plaintiffs to receive, in addition to a
49 portion of the amount recovered, awards of expenses
50 and attorney fees and costs; amending s. 68.086, F.S.;
51 deleting references to awards of attorney fees to
52 successful plaintiffs; revising provisions relating to
53 awards of attorney fees to the department; amending s.
54 68.087, F.S.; revising provisions relating to
55 dismissal of an action if substantially the same
56 allegations or transactions as alleged in the action
57 were publicly disclosed; amending s. 68.089, F.S.;
58 providing for the treatment for statutes of
59 limitations purposes of pleadings filed in
60 interventions by the department; amending s. 68.09,
61 F.S.; providing for estoppel as to certain matters
62 following a final judgment or decree rendered in favor
63 of the state or the Federal Government in certain
64 criminal proceedings; providing an effective date.
65
66 Be It Enacted by the Legislature of the State of Florida:
67
68 Section 1. Section 68.081, Florida Statutes, is amended to
69 read:
70 68.081 Florida False Claims Act; short title; purpose.—
71 (1) Sections 68.081-68.092 68.081-68.09 may be cited as the
72 “Florida False Claims Act.”
73 (2) The purpose of the Florida False Claims Act is to deter
74 persons from knowingly causing or assisting in causing state
75 government to pay claims that are false or fraudulent, and to
76 provide remedies for obtaining treble damages and civil
77 penalties for state government when money is obtained from state
78 government by reason of a false or fraudulent claim.
79 Section 2. Section 68.082, Florida Statutes, is amended to
80 read:
81 68.082 False claims against the state; definitions;
82 liability.—
83 (1) As used in this section, the term:
84 (a) “Agency” means any official, officer, commission,
85 board, authority, council, committee, or department of the
86 executive branch of state government.
87 (a)(b) “Claim” means includes any written or electronically
88 submitted request or demand, whether under a contract or
89 otherwise, for money or, property, regardless of whether the
90 state has title to the money or property, that: or services,
91 which
92 1. Is presented made to any employee, officer, or agent of
93 the state; an agency, or
94 2. Is made to a any contractor, grantee, or other recipient
95 if the state agency provides or has provided any portion of the
96 money or property requested or demanded, or if the state agency
97 will reimburse the contractor, grantee, or other recipient for
98 any portion of the money or property that is requested or
99 demanded.
100 (c) “Knowing” or “knowingly” means, with respect to
101 information, that a person:
102 1. Has actual knowledge of the information;
103 2. Acts in deliberate ignorance of the truth or falsity of
104 the information; or
105 3. Acts in reckless disregard of the truth or falsity of
106 the information.
107
108 No proof of specific intent to defraud is required. Innocent
109 mistake shall be a defense to an action under this act.
110 (d) “Material” means having a natural tendency to
111 influence, or be capable of influencing, the payment or receipt
112 of money or property.
113 (e) “Obligation” means an established duty, fixed or
114 otherwise, arising from an express or implied contractual,
115 grantor-grantee, or licensor-licensee relationship, from a fee
116 based or similar relationship, from statute or regulation, or
117 from the retention of any overpayment.
118 (f)(d) “State government” means the government of the state
119 or any department, division, bureau, commission, regional
120 planning agency, board, district, authority, agency, or other
121 instrumentality of the state.
122 (b)(e) “Department” means the Department of Legal Affairs,
123 except as specifically provided in ss. 68.083 and 68.084.
124 (2) Any person who:
125 (a) Knowingly presents or causes to be presented to an
126 officer or employee of an agency a false or fraudulent claim for
127 payment or approval;
128 (b) Knowingly makes, uses, or causes to be made or used a
129 false record or statement material to get a false or fraudulent
130 claim paid or approved by an agency;
131 (c) Conspires to commit a violation of this subsection
132 submit a false or fraudulent claim to an agency or to deceive an
133 agency for the purpose of getting a false or fraudulent claim
134 allowed or paid;
135 (d) Has possession, custody, or control of property or
136 money used or to be used by the state an agency and, intending
137 to deceive the agency or knowingly conceal the property,
138 delivers or causes to be delivered less property than all of
139 that money or property the amount for which the person receives
140 a certificate or receipt;
141 (e) Is authorized to make or deliver a document certifying
142 receipt of property used or to be used by the state an agency
143 and, intending to defraud deceive the state agency, makes or
144 delivers the receipt without knowing that the information on the
145 receipt is true;
146 (f) Knowingly buys or receives, as a pledge of an
147 obligation or a debt, public property from an officer or
148 employee of the state an agency who may not sell or pledge the
149 property lawfully; or
150 (g) Knowingly makes, uses, or causes to be made or used a
151 false record or statement material to an obligation to pay or
152 transmit money or property to the state, or knowingly conceals
153 or knowingly and improperly avoids or decreases to conceal,
154 avoid, or decrease an obligation to pay or transmit money or
155 property to the state an agency,
156
157 is liable to the state for a civil penalty of not less than
158 $5,500 and not more than $11,000 and for treble the amount of
159 damages the state agency sustains because of the act or omission
160 of that person.
161 (3) The court may reduce the treble damages authorized
162 under subsection (2) if the court finds one or more of the
163 following specific extenuating circumstances:
164 (a) The person committing the violation furnished the
165 department officials of the agency responsible for investigating
166 false claims violations with all information known to the person
167 about the violation within 30 days after the date on which the
168 person first obtained the information;
169 (b) The person fully cooperated with any official
170 investigation of the violation; or
171 (c) At the time the person furnished the department agency
172 with the information about the violation, no criminal
173 prosecution, civil action, or administrative action had
174 commenced under this section with respect to the violation, and
175 the person did not have actual knowledge of the existence of an
176 investigation into the violation;
177
178 in which case the court shall award no less than 2 times the
179 amount of damages sustained by the state agency because of the
180 act of the person. The court shall set forth in a written order
181 its findings and basis for reducing the treble damages award.
182 Section 3. Subsection (7) of section 68.083, Florida
183 Statutes, is amended to read:
184 68.083 Civil actions for false claims.—
185 (7) When a person files an action under this section, no
186 person other than the department on behalf of the state may
187 intervene or bring a related an action under this act based on
188 the facts underlying the pending action.
189 Section 4. Effective on the same date that SB 1496 or
190 similar legislation takes effect, if such legislation is adopted
191 in the same legislative session or an extension thereof and
192 becomes a law, section 68.0831, Florida Statutes, is created to
193 read:
194 68.0831 Subpoena.—
195 (1) As used in this section, the term “department” means
196 the Department of Legal Affairs.
197 (2) Whenever the department has reason to believe that any
198 person may be in possession, custody, or control of any
199 documentary material or may have any information, which
200 documentary material or information is relevant to a civil
201 investigation authorized by s. 68.083, the department may,
202 before the institution of a civil proceeding thereon, issue in
203 writing and cause to be served upon the person a subpoena
204 requiring the person to:
205 (a) Produce such documentary material for inspection and
206 copying or reproduction;
207 (b) Answer, under oath and in writing, written
208 interrogatories;
209 (c) Give sworn oral testimony concerning the documentary
210 material or information; or
211 (d) Furnish any combination of such material, answers, or
212 testimony.
213 (3) The subpoena shall:
214 (a) Be served upon the person in the manner required for
215 service of process in this state or by certified mail showing
216 receipt by the addressee or by the authorized agent of the
217 addressee.
218 (b) State the nature of the conduct that constitutes the
219 violation of this act and that is alleged to have occurred or to
220 be imminent.
221 (c) Describe the class or classes of documentary material
222 to be produced thereunder with such definiteness and certainty
223 as to permit such materials to be reasonably identified.
224 (d) Prescribe a date and time at which the person must
225 appear to testify, under oath or affirmation, or by which the
226 person must answer written interrogatories or produce the
227 documentary material for inspection or copying; however, such
228 date shall not be earlier than 30 days after the date of service
229 of the subpoena.
230 (e) Specify a place for the taking of testimony or for the
231 submission of answers to interrogatories and identify the person
232 who is to take custody of any documentary material. Inspection
233 and copying of documentary material shall be carried out at the
234 place where the documentary material is located or at such other
235 place as may be thereafter agreed to by the person and such
236 designated custodian. Upon written agreement between the person
237 and the designated custodian, copies may be substituted for
238 original documents.
239 (4) Such subpoena may not require the production of any
240 documentary material, the submission of any answers to written
241 interrogatories, or the giving of any oral testimony if such
242 material, answers, or testimony would be protected from
243 disclosure under:
244 (a) The standards applicable to subpoenas or subpoenas
245 duces tecum issued by a court of this state in aid of a grand
246 jury investigation; or
247 (b) The standards applicable to a discovery request under
248 the Florida Rules of Civil Procedure, to the extent that the
249 application of such standards to any such subpoena is
250 appropriate and consistent with the provisions and purposes of
251 this act.
252 (5) This section does not limit the power of the department
253 to require the appearance of witnesses or production of
254 documents or other tangible evidence located outside the state.
255 (6) Within 30 days after the service of a subpoena upon any
256 person or at any time before the return date specified therein,
257 whichever period is longer, the person served may file, and
258 serve on the department, a petition for an order of the court
259 modifying or setting aside the subpoena. Any such petition shall
260 be filed in the circuit court of the Second Judicial Circuit in
261 and for Leon County. The time allowed for compliance in whole or
262 in part with the subpoena as deemed proper and ordered by the
263 court shall not run while the petition is pending before the
264 court. The petition shall specify each ground upon which the
265 petitioner relies in seeking relief and may be based upon the
266 failure of the subpoena to comply with this section or upon any
267 constitutional or other legal right or privilege of such person.
268 (7) In case of the failure of any person to comply in whole
269 or in part with a subpoena and when such person has not filed a
270 petition under subsection (6), the circuit court of the Second
271 Judicial Circuit in and for Leon County, upon application of the
272 department, may issue an order requiring compliance. The failure
273 to obey the order of the court shall be punishable as a contempt
274 of court.
275 (8) The examination of all witnesses under this section
276 shall be conducted by the department before an officer
277 authorized to administer oaths in this state. The testimony
278 shall be taken stenographically or by a sound-recording device.
279 Any person compelled to appear under a subpoena for oral
280 testimony pursuant to this section may be accompanied,
281 represented, and advised by counsel. Counsel may advise such
282 person, in confidence, either upon the request of such person or
283 upon counsel’s own initiative, with respect to any question
284 asked of such person. Such person or counsel may object on the
285 record to any question, in whole or in part, and shall briefly
286 state for the record the reason for any such objection. If such
287 person refuses to answer any question, the person conducting the
288 examination may petition the circuit court as provided by
289 subsection (11).
290 (9) When the testimony is fully transcribed, the person
291 conducting the deposition shall afford the witness, and counsel,
292 if any, a reasonable opportunity to examine the transcript, and
293 the transcript shall be read to or by the witness, unless such
294 examination and reading is waived by the witness. Any changes in
295 form or substance that the witness desires to make shall be
296 entered and identified upon the transcript by the officer or the
297 department, with a statement of the reasons given by the witness
298 for making such changes. The transcript shall then be signed by
299 the witness unless the witness waives the signing in writing, is
300 ill, cannot be found, or refuses to sign. If the transcript is
301 not signed by the witness within 30 days after his or her being
302 afforded a reasonable opportunity to examine it, the person
303 conducting the examination shall sign it and state on the record
304 the fact of the waiver, illness, absence, or refusal to sign,
305 together with the reason, if any, given therefor. Any person
306 required to testify or to submit documentary evidence is
307 entitled, on payment of reasonable costs, to procure a copy of
308 any document produced by such person and of his or her own
309 testimony as stenographically reported or, in the case of a
310 deposition, as reduced to writing by or under the direction of
311 the person taking the deposition.
312 (10) The department shall have the authority to stipulate
313 to protective orders with respect to documents and information
314 submitted in response to a subpoena under this section.
315 (11) The department may request that any natural person who
316 refuses to comply with this section on the ground that the
317 testimony or documents may incriminate him or her be ordered by
318 the circuit court to provide the testimony or the documents.
319 Except in a prosecution for perjury, a natural person who
320 complies with a court order to provide testimony or documents
321 after asserting a privilege against self-incrimination to which
322 he or she is entitled by law may not be subject to a criminal
323 proceeding with respect to the transaction to which he or she is
324 required to testify or produce documents. Any natural person who
325 fails to comply with such a court order to testify or produce
326 documents may be adjudged in contempt and imprisoned until the
327 time the person purges himself or herself of the contempt.
328 (12) While in the possession of the custodian, documentary
329 material, answers to interrogatories, and transcripts of oral
330 testimony shall be available, under such reasonable terms and
331 conditions as the department shall prescribe, for examination by
332 the person who produced such materials or answers or that
333 person’s duly authorized representative.
334 (13) This section does not impair the authority of the
335 department to:
336 (a) Institute a civil proceeding under s. 68.083;
337 (b) Invoke the power of a court to compel the production of
338 evidence before a grand jury; or
339 (c) Maintain the confidential and exempt status of the
340 complaint and any other information as provided in s. 68.083(8).
341 (14)(a) A person who knows or has reason to believe that a
342 subpoena pursuant to this section is pending shall not:
343 1. Alter, destroy, conceal, or remove any record, document,
344 or thing with the purpose of impairing its verity or
345 availability in such proceeding or investigation; or
346 2. Make, present, or use any record, document, or thing
347 knowing it to be false.
348 (b) Any natural person who violates this subsection is
349 subject to a civil penalty of not more than $100,000, reasonable
350 attorney fees, and costs. Any other person who violates this
351 subsection is subject to a civil penalty of not more than $1
352 million, reasonable attorney fees, and costs.
353 Section 5. Subsections (2) through (5) of section 68.084,
354 Florida Statutes, are amended to read:
355 68.084 Rights of the parties in civil actions.—
356 (2)(a) The department may at any point voluntarily dismiss
357 the action notwithstanding the objections of the person
358 initiating the action.
359 (b) Subject to s. 17.04, nothing in this act shall be
360 construed to limit the authority of the department or the qui
361 tam plaintiff to compromise a claim brought in a complaint filed
362 under this act if the court determines, after a hearing, that
363 the proposed settlement is fair, adequate, and reasonable under
364 all the circumstances.
365 (c) Upon a showing by the department that unrestricted
366 participation during the course of the litigation by the person
367 initiating the action would interfere with or unduly delay the
368 department’s prosecution of the case, or would be repetitious,
369 irrelevant, or for purposes of harassment, the court may, in its
370 discretion, impose limitations on the person’s participation,
371 including, but not limited to:
372 1. Limiting the number of witnesses the person may call;
373 2. Limiting the length of the testimony of the person’s
374 witnesses;
375 3. Limiting the person’s cross-examination of witnesses; or
376 4. Otherwise limiting the participation by the person in
377 the litigation.
378 (d) Upon a showing by the defendant that unrestricted
379 participation during the course of the litigation by the person
380 initiating the action would be for purposes of harassment or
381 would cause the defendant undue burden or unnecessary expense,
382 the court may limit the participation by the person in the
383 litigation.
384 (3) If the department elects not to proceed with the
385 action, the person who initiated the action has the right to
386 conduct the action. If the Attorney General, as head of the
387 department, or the Chief Financial Officer, as head of the
388 Department of Financial Services, so requests, it shall be
389 served, at the requesting department’s expense, with copies of
390 all pleadings and motions filed in the action along with and
391 copies of all deposition transcripts at the requesting
392 department’s expense. When a person proceeds with the action,
393 the court, without limiting the rights of the person initiating
394 the action, may nevertheless permit the department to intervene
395 and take over the action on behalf of the state at a later date
396 upon showing of good cause.
397 (4) Regardless of whether or not the department proceeds
398 with the action, upon a showing by the department that certain
399 actions of discovery by the person initiating the action would
400 interfere with an investigation by the state government or the
401 prosecution of a criminal or civil matter arising out of the
402 same facts, the court may stay such discovery for a period of
403 not more than 60 days. Such a showing shall be conducted in
404 camera. The court may extend the 60-day period upon a further
405 showing in camera by the department that the criminal or civil
406 investigation or proceeding has been pursued with reasonable
407 diligence and any proposed discovery in the civil action will
408 interfere with an ongoing criminal or civil investigation or
409 proceeding.
410 (5) Notwithstanding paragraph (2)(b), the state may elect
411 to pursue its claim through any available alternate remedy,
412 including any administrative proceeding to determine a civil
413 money penalty. If any such alternate remedy is pursued in
414 another proceeding, the person initiating the action shall have
415 the same rights in such proceeding as the person would have had
416 if the action had continued under this section The application
417 of one civil remedy under this act does not preclude the
418 application of any other remedy, civil or criminal, under this
419 act or any other provision of law. Civil remedies under this act
420 are supplemental, not mutually exclusive. Any finding of fact or
421 conclusion of law made in such other proceeding that has become
422 final shall be conclusive on all parties to an action under this
423 section. For purposes of As used in this subsection, a finding
424 or conclusion is final if it has been finally determined on
425 appeal to the appropriate court, if all time for filing such an
426 appeal with respect to the finding or conclusion has expired, or
427 if the finding or conclusion is the term “final” means not
428 subject to judicial review.
429 Section 6. Section 68.085, Florida Statutes, is amended to
430 read:
431 68.085 Awards to plaintiffs bringing action.—
432 (1)(a) If the department proceeds with and prevails in an
433 action brought by a person under this act, subject to the
434 requirements of paragraph (b), the person shall receive except
435 as provided in subsection (2), the court shall order the
436 distribution to the person of at least 15 percent but not more
437 than 25 percent of the proceeds of the recovered under any
438 judgment obtained by the department in an action under s. 68.082
439 or of the proceeds of any settlement of the claim, depending
440 upon the extent to which the person substantially contributed to
441 the prosecution of the action.
442 (b)(2) If the department proceeds with an action which the
443 court finds the action to be based primarily on disclosures of
444 specific information, other than information that provided by
445 the person bringing the action, relating to allegations or
446 transactions in a criminal, civil, or administrative hearing; a
447 legislative, administrative, inspector general, or auditor
448 general report, hearing, audit, or investigation; or from the
449 news media, the court may award such sums as it considers
450 appropriate, but in no case more than 10 percent of the proceeds
451 recovered under a judgment or received in settlement of a claim
452 under this act, taking into account the significance of the
453 information and the role of the person bringing the action in
454 advancing the case to litigation.
455 (c) Any payment to a person under paragraph (a) or
456 paragraph (b) shall be made from the proceeds. The person shall
457 also receive an amount for reasonable expenses that the court
458 finds to have been necessarily incurred, plus reasonable
459 attorney fees and costs. All such expenses, fees, and costs
460 shall be awarded against the defendant.
461 (2)(3) If the department does not proceed with an action
462 under this section, the person bringing the action or settling
463 the claim shall receive an amount that which the court decides
464 is reasonable for collecting the civil penalty and damages. The
465 amount shall be not less than 25 percent and not more than 30
466 percent of the proceeds of the action or settlement and shall be
467 paid out of such proceeds recovered under a judgment rendered in
468 an action under this act or in settlement of a claim under this
469 act. The person shall also receive an amount for reasonable
470 expenses that the court finds to have been necessarily incurred,
471 plus reasonable attorney fees and costs. All such expenses,
472 fees, and costs shall be awarded against the defendant.
473 (3)(4) Following any distributions under subsection (1) or,
474 subsection (2), or subsection (3), the state entity agency
475 injured by the submission of a false or fraudulent claim shall
476 be awarded an amount not to exceed its compensatory damages. If
477 the action was based on a claim of funds from the state Medicaid
478 program, 10 percent of any remaining proceeds shall be deposited
479 into the Operating Trust Fund to fund rewards for persons who
480 report and provide information relating to Medicaid fraud
481 pursuant to s. 409.9203. Any remaining proceeds, including civil
482 penalties awarded under s. 68.082, shall be deposited in the
483 General Revenue Fund.
484 (5) Any payment under this section to the person bringing
485 the action shall be paid only out of the proceeds recovered from
486 the defendant.
487 (4)(6) Regardless of whether or not the department proceeds
488 with the action, if the court finds that the action was brought
489 by a person who planned and initiated the violation of s. 68.082
490 upon which the action was brought, the court may, to the extent
491 the court considers appropriate, reduce the share of the
492 proceeds of the action that which the person would otherwise
493 receive under this section, taking into account the role of the
494 person in advancing the case to litigation and any relevant
495 circumstances pertaining to the violation. If the person
496 bringing the action is convicted of criminal conduct arising
497 from his or her role in the violation of s. 68.082, the person
498 shall be dismissed from the civil action and shall not receive
499 any share of the proceeds of the action. Such dismissal shall
500 not prejudice the right of the department to continue the
501 action.
502 Section 7. Section 68.086, Florida Statutes, is amended to
503 read:
504 68.086 Expenses; attorney attorney’s fees and costs.—
505 (1) If the department initiates an action under this act or
506 assumes control of an action brought by a person under this act,
507 the department shall be awarded its reasonable attorney
508 attorney’s fees, expenses, and costs.
509 (2) If the court awards the person bringing the action
510 proceeds under this act, the person shall also be awarded an
511 amount for reasonable attorney’s fees and costs. Payment for
512 reasonable attorney’s fees and costs shall be made from the
513 recovered proceeds before the distribution of any award.
514 (2)(3) If the department does not proceed with an action
515 under this act and the person bringing the action conducts the
516 action, the court may award to the defendant its reasonable
517 attorney attorney’s fees and expenses costs if the defendant
518 prevails in the action and the court finds that the claim of the
519 person bringing the action was clearly frivolous, clearly
520 vexatious, or brought primarily for purposes of harassment.
521 (3)(4) No liability shall be incurred by the state
522 government, the affected agency, or the department for any
523 expenses, attorney attorney’s fees, or other costs incurred by
524 any person in bringing or defending an action under this act.
525 Section 8. Subsections (2), (3), and (6) of section 68.087,
526 Florida Statutes, are amended to read:
527 68.087 Exemptions to civil actions.—
528 (2) In no event may a person bring an action under s.
529 68.083(2) based upon allegations or transactions that are the
530 subject of a civil action or an administrative proceeding in
531 which the state agency is already a party.
532 (3) The No court shall dismiss have jurisdiction over an
533 action brought under this act unless opposed by the department,
534 if substantially the same based upon the public disclosure of
535 allegations or transactions as alleged in the action were
536 publicly disclosed:
537 (a) In a criminal, civil, or administrative hearing in
538 which the state is a party;
539 (b) In a legislative, administrative, inspector general, or
540 other state Auditor General, Chief Financial Officer, or
541 Department of Financial Services report, hearing, audit, or
542 investigation; or
543 (c) From the news media,
544
545 unless the action is brought by the department, or unless the
546 person bringing the action is an original source of the
547 information. For purposes of this subsection, the term “original
548 source” means an individual who, before a public disclosure
549 under subsection (3), has voluntarily disclosed to the
550 department the information on which allegations or transactions
551 in a claim are based, or who has knowledge that is independent
552 of and materially adds to the publicly disclosed allegations or
553 transactions has direct and independent knowledge of the
554 information on which the allegations are based and has
555 voluntarily provided the information to the department before
556 filing an action under this section act based on the
557 information.
558 (6) No court shall have jurisdiction over an action brought
559 under this act against a local government. For the purposes of
560 this subsection, the term “local government” means any county or
561 municipality.
562 Section 9. Section 68.089, Florida Statutes, is amended to
563 read:
564 68.089 Limitation of actions; effect of interventions by
565 department.—A civil action under this act may not be brought:
566 (1) More than 6 years after the date on which the violation
567 of s. 68.082 is committed; or
568 (2) More than 3 years after the date when facts material to
569 the right of action are known or reasonably should have been
570 known by the department state official charged with
571 responsibility to act in the circumstances, but in no event more
572 than 10 years after the date on which the violation is
573 committed, whichever occurs last; or.
574 (3) If the department elects to intervene and proceed with
575 an action brought under s. 68.083(2), the department may file
576 its own complaint or amend the complaint of a person who has
577 brought an action under s. 68.083(2) to clarify or add detail to
578 the claims in which the department is intervening and to add any
579 additional claims with respect to which the department contends
580 it is entitled to relief. For statute of limitations purposes,
581 any such pleading shall relate back to the filing date of the
582 complaint of the person who originally brought the action, to
583 the extent that the claim of the state arises out of the
584 conduct, transactions, or occurrences set forth, or attempted to
585 be set forth, in the prior complaint of that person. This
586 subsection applies to any actions under s. 68.083(2) pending on
587 or filed after July 1, 2013.
588 Section 10. Section 68.09, Florida Statutes, is amended to
589 read:
590 68.09 Burden of proof.—
591 (1) In any action brought under this act, the department
592 State of Florida or the qui tam plaintiff shall be required to
593 prove all essential elements of the cause of action, including
594 damages, by a preponderance of the evidence.
595 (2) Notwithstanding any other provision of law, a final
596 judgment or decree rendered in favor of the state or the Federal
597 Government in any criminal proceeding concerning the conduct of
598 the defendant that forms the basis for a civil cause of action
599 under this act, whether upon a verdict after trial or upon a
600 plea of guilty or nolo contendere, shall estop the defendant in
601 any action by the department pursuant to this act as to all
602 matters as to which such judgment or decree would be an estoppel
603 as if the department had been a party in the criminal
604 proceeding.
605 Section 11. Except as otherwise expressly provided in this
606 act, this act shall take effect July 1, 2013.
