68.01 Declaring tax assessment invalid.—When an assessment is made against any person, body politic or corporate and payment is refused on an allegation of illegality of the assessment, the person, body corporate or politic may file an action in chancery setting forth the alleged illegality. The court has jurisdiction to decide the matter and if the […]
68.02 Ne exeat.— (1) WHEN TO ISSUE.—No writ of ne exeat shall be granted until a verified complaint is filed demanding the writ. It may issue in any case in equity, including support as defined in s. 409.2554, when the issuance is just. (2) JUDGE TO FIX PENALTY OF BOND.—In granting the writ the court shall fix the […]
68.03 Sequestration; proceedings prescribed.— (1) If any action is commenced in chancery against any defendant residing out of this state and any other defendant within the state has in his or her hands effects of, or is otherwise indebted to, the absent defendant and the absentee does not appear in the action and give security to the […]
68.04 Chancery jurisdiction over liens.—All liens of any kind, whether created by statute or the common law, and whether heretofore regarded as merely possessory or not, may be enforced in chancery. History.—RS 1510; GS 1960; RGS 3228; CGL 5034; s. 22, ch. 67-254. Note.—Former s. 62.36.
68.05 Creditors’ bills.—Creditors’ bills may be filed in chancery before the claims of indebtedness of the persons filing them have been reduced to judgment, but no such action shall be entertained unless plaintiff has first commenced a separate action at law for the collection of the claims. No final judgment shall be entered on a creditor’s […]
68.06 Actions upon negotiable and other instruments; consideration, etc.—All bonds, notes, covenants, deeds, bills of exchange, and other written instruments not under seal have the same force and effect (so far as the rules of pleading and evidence are concerned) as bonds and instruments under seal. The assignment or endorsement of any instrument vests the assignee […]
68.065 Actions to collect worthless payment instruments; attorney fees and collection costs.— (1) As used in this section, the term “payment instrument” or “instrument” means a check, draft, order of payment, debit card order, or electronic funds transfer. (2) In lieu of a service charge authorized under subsection (3), s. 832.062(4)(a), or s. 832.07, the payee of a […]
68.07 Change of name.— (1) Chancery courts have jurisdiction to change the name of any person residing in this state on petition of the person filed in the county in which he or she resides. (2)(a) Before the court hearing on a petition for a name change, the petitioner must have fingerprints submitted for a state and national […]
68.081 Florida False Claims Act; short title.—Sections 68.081-68.092 may be cited as the “Florida False Claims Act.” History.—s. 1, ch. 94-316; s. 1, ch. 2007-236; s. 1, ch. 2013-104.
68.082 False claims against the state; definitions; liability.— (1) As used in this section, the term: (a) “Claim” means any request or demand, whether under a contract or otherwise, for money or property, regardless of whether the state has title to the money or property, that: 1. Is presented to any employee, officer, or agent of the state; or […]
68.083 Civil actions for false claims.— (1) The department may diligently investigate a violation under s. 68.082. If the department finds that a person has violated or is violating s. 68.082, the department may bring a civil action under the Florida False Claims Act against the person. The Department of Financial Services may bring a civil action […]
68.0831 Subpoena.— (1) As used in this section, the term “department” means the Department of Legal Affairs. (2) Whenever the department has reason to believe that any person may be in possession, custody, or control of any documentary material or may have any information, which documentary material or information is relevant to a civil investigation authorized by s. […]
68.084 Rights of the parties in civil actions.— (1) If the department, on behalf of the state, proceeds with the action, it has the primary responsibility for prosecuting the action, and is not bound by any act of the person bringing the action. The person bringing the action has the right to continue as a party to […]
68.085 Awards to plaintiffs bringing action.— (1)(a) If the department proceeds with an action brought by a person under this act, subject to the requirements of paragraph (b), the person shall receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement of the claim, depending upon the extent […]
68.086 Expenses; attorney fees and costs.— (1) If the department initiates an action under this act or assumes control of an action brought by a person under this act, the department shall be awarded its reasonable attorney fees, expenses, and costs. (2) If the department does not proceed with an action under this act and the person bringing […]
68.087 Exemptions to civil actions.— (1) No court shall have jurisdiction over an action brought under this act against a member of the Legislature, a member of the judiciary, or a senior executive branch official if the action is based on evidence or information known to the state government when the action was brought. For purposes of […]
68.088 Protection for participating employees.—Any employee who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because of lawful acts done by the employee on behalf of the employee or others in furtherance of an action under this act, including […]
68.089 Limitation of actions; effect of interventions by department.— (1) A civil action under this act may not be brought: (a) More than 6 years after the date on which the violation of s. 68.082 is committed; or (b) More than 3 years after the date when facts material to the right of action are known or reasonably should […]
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 […]
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 […]
