CopyCited 21 times | Published | District Court, S.D. Florida | 2007 U.S. Dist. LEXIS 10537, 2007 WL 521931
...FACTUAL BACKGROUND AND PROCEDURAL HISTORY [1] Lanie Joe Heater ("Heater") is a qui tam relator who filed the above-captioned action on behalf of himself, the United States and the State of Florida alleging violations of the False Claims Act, 31 U.S.C. § 3729, et seq. ("FCA") and the Florida False Claims Act, Fla. Stat. § 68.082, et seq ("Florida FCA")....
...§ 3729(a)(2) ("Count III"); (4) Discriminating against an employee because of his lawful conduct in furtherance of the discovery and prevention of violations of the FCA, 31 U.S.C. § 3730(h) ("Count IV"); (5) Violating the Florida FCA, Fla. Stat. § 68.082(2)(c) ("Count V"); (6) Conspiring to violate the Florida FCA, Fla. Stat. § 68.082(2)(c) ("Count VI"); and (7) Making false records to get claims paid, in violation of the Florida FCA, Fla. Stat. § 68.082(2)(b) ("Count VII")....
...above-captioned action on November 24, 2003 on behalf of himself, the United States and the State of Florida pursuant to the qui tam provisions of the False Claims Act, 31 U.S.C. § 3729, et seq. ("FGA") and the Florida False Claims Act, Fla. Stat. § 68.082, et seq....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...in which case
the court shall award no less than 2 times the amount of damages
sustained by the agency because of the act of the person. . . .
68.083 Civil Actions for false claims.—
(1) The department [of Legal Affairs] may diligently investigate a
violation under s.
68.082. . . . [T]he department may bring a civil
action under the Florida False Claims Act against the person [who has
allegedly violated s.
68.082]. . . .
(2) A person may bring a civil action for a violation of s.
68.082
for the person and for the affected agency....
...by a person under this act, except as provided in subsection (2), the
court shall order the distribution to the person of at least 15 percent
but not more than 25 percent of the proceeds recovered under any
judgment obtained by the department in an action under s. 68.082 or
of the proceeds of any settlement of the claim, depending upon the
extent to which the person substantially contributed to the prosecution
of the action.
(2) If the department proceeds with an action which the court
finds to be based...
...that the courts do not unduly
interfere with the State’s statutory prerogatives to obtain restitution for its losses
and to punish those persons and entities which seek to wrongfully defraud the State
through double and triple recoveries. § 68.082, Fla....
CopyCited 1 times | Published | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 45062, 2015 WL 1456122
...Ultimately, because the Second Amended Complaint does not set forth false statements that Defendants knowingly submitted to the government, Defendants’ motion to dismiss must be granted. A. Counts I through IV In Counts I through IV, Relators sue under 31 U.S.C. § 3729 (a)(1)(A) and Section 68.082(2)(a), Florida Statutes....
...These subsections provide that a person who “knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval” is civilly liable to the United States or Florida governments. 31 U.S.C. § 3729 (a)(1)(A); accord § 68.082(2)(a), Fla....
...Counts V and VI In Counts V and VI, Relators sue under the False Claims Act provision that creates liability for a person who “knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim.” 31 U.S.C. § 3729 (a)(1)(B); accord § 68.082(2)(b), Fla....
...an obligation to pay or transmit money or property to the Government, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Government.” 31 U.S.C. § 3729 (a)(1)(G); accord § 68.082(2)(g), Fla....
CopyAgo (Fla. Att'y Gen. 2011).
Published | Florida Attorney General Reports
...4 While I am not aware of any appellate decision addressing the applicability of the Florida act to municipalities, I would note that this office has taken the position in litigation that local governments are not included within the definition of state government as defined in section 68.082 , Florida Statutes. 5 Section 68.082 (1)(a), Florida Statutes, defines "Agency" for purposes of the act to mean "any official, officer, commission, board, authority, council, committee, or department of the executive branch of state government ." (e.s.) "State government"...
...division, bureau, commission, regional planning agency, board, district, authority, agency, or other instrumentality of the state ." 6 (e.s.) You inquire whether a municipality constitutes an instrumentality of the state within the contemplation of section 68.082 , Florida Statutes, and its definition of "state government." The term "instrumentality" is not defined in the act, nor is the term defined elsewhere in the Florida Statutes....
...As stated during one committee hearing, the 1994 bill, unlike the 1993 bill, is limited to state agencies. 16 The staff analysis for a bill seeking to create a false claims act which contained the same definition of "State government" as is contained in section 68.082 , Florida Statutes, only referred to actions involving executive branch state agencies among the types of false claims actions that might be brought under the legislation....
...18 Moreover, an examination of other states that have adopted their own false claims act indicates that when local governments are included within its terms, the statute clearly so provides. 19 In light of the above, it appears that the term "instrumentality" as used in section 68.082 (1)(d), Florida Statutes, does not include a municipality....
...e state, such as the Florida Housing Finance Corporation. 20 Nor would the term "agency" appear to include a municipality. Accordingly, I am of the opinion that municipalities are not covered under the definition of "agency" or "state government" in section
68.082 (1), Florida Statutes, for purposes of the Florida False Claims Act, section
68.081 , et seq., Florida Statutes. Sincerely, Pam Bondi Attorney General PB/tjw 1 You also ask whether counties are included within the definition of "state government" in s.
68.082 (1)(d), Fla....
...This office, however, is authorized to issue opinions to public officials on questions relating to their own official duties under state law. See s.
16.01 (3), Fla. Stat. In the absence of a request from a county on this issue, this office's comments are directed to municipalities only. 2 See s.
68.082 (2), Fla....
...ot less than $5,500 and not more than $11,000 and for treble the amount of damages the agency sustains because of the act or omission of that person." And see s.
68.083 (2), Fla. Stat., authorizing a person to bring a civil action for a violation of s.
68.082 , Fla. Stat., for the person and for the affected agency. See also s.
68.082 (3), Fla....
..., Notice of Voluntary Dismissal with Prejudice, State ex rel. Sherwin v. Office Depot, Inc. , Case No. 2008-CA-002309 (Fla. 2d Jud. Cir. Leon Co. June 4, 2010) (overcharging allegations involving local governmental entities are not within the scope and provisions of the Florida False Claims Act). 6 Section 68.082 (1)(d), Fla....
...Stat. ("Governmental agency" for purposes of the Local Government Comprehensive Planning and Land Development Regulation Act); s.
215.58 (12), Fla. Stat. (State Bond Act); and s.
961.06 (5) and (6), Fla. Stat. (claims for unlawful incarceration). 8 See s.
68.082 (2), Fla. Stat., set forth in n. 2, supra. See also s.
68.083 (2), Fla. Stat., authorizing a person to bring a civil action for a violation of s.
68.082 , Fla. Stat., for the person and for the affected agency. And see s.
68.082 (1)(b), Fla....
