Florida Senate - 2017                                    SB 1688
       By Senator Farmer
       34-01519-17                                           20171688__
    1                        A bill to be entitled                      
    2         An act relating to the Florida False Claims Act;
    3         amending s. 68.084, F.S.; providing conditions for the
    4         Department of Legal Affairs or the Attorney General to
    5         voluntarily dismiss certain actions; providing that
    6         the department may not dismiss such actions on behalf
    7         of the state at a later date under certain
    8         circumstances; amending s. 68.087, F.S.; deleting a
    9         provision prohibiting a court to have jurisdiction
   10         over an action brought by an employee or former
   11         employee of the state; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Paragraph (a) of subsection (2) and subsection
   16  (3) of section 68.084, Florida Statutes, are amended to read:
   17         68.084 Rights of the parties in civil actions.—
   18         (2)(a) The department, or the Attorney General, as head of
   19  the department, may at any point voluntarily dismiss the action
   20  notwithstanding the objections of the person initiating the
   21  action, unless the department elected not to proceed with the
   22  action and the person who initiated the action proceeds with the
   23  action under subsection (3).
   24         (3) If the department elects not to proceed with the
   25  action, the person who initiated the action has the right to
   26  conduct the action. If the Attorney General, as head of the
   27  department, or the Chief Financial Officer, as head of the
   28  Department of Financial Services, so requests, it shall be
   29  served with copies of all pleadings and motions filed in the
   30  action along with copies of all deposition transcripts at the
   31  requesting department’s expense. When a person proceeds with the
   32  action, the court, without limiting the rights of the person
   33  initiating the action, may nevertheless permit the department to
   34  intervene and take over the action, except to dismiss the
   35  action, on behalf of the state at a later date upon showing of
   36  good cause.
   37         Section 2. Subsection (4) of section 68.087, Florida
   38  Statutes, is amended to read:
   39         68.087 Exemptions to civil actions.—
   40         (4) No court shall have jurisdiction over an action where
   41  the person bringing the action under s. 68.083(2) is:
   42         (a) acting as an attorney for state government; or
   43         (b) An employee or former employee of state government, and
   44  the action is based, in whole or in part, upon information
   45  obtained in the course or scope of government employment.
   46         Section 3. This act shall take effect July 1, 2017.