2019 Florida Statutes
SECTION 087
Exemptions to civil actions.
Exemptions to civil actions.
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 this subsection, the term “senior executive branch official” means any person employed in the executive branch of government holding a position in the Senior Management Service as defined in s. 110.402.
(2) In no event may a person bring an action under s. 68.083(2) based upon allegations or transactions that are the subject of a civil action or an administrative proceeding in which the state is already a party.
(3) The court shall dismiss an action brought under this act unless opposed by the department, if substantially the same allegations or transactions as alleged in the action were publicly disclosed:
(a) In a criminal, civil, or administrative hearing in which the state is a party;
(b) In a legislative, administrative, inspector general, or other state report, hearing, audit, or investigation; or
(c) From the news media,
unless the action is brought by the department or the person bringing the action is an original source of the information. For purposes of this subsection, the term “original source” means an individual who, before a public disclosure under this subsection, has voluntarily disclosed to the department the information on which allegations or transactions in a claim are based, or who has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions and has voluntarily provided the information to the department before filing an action under this section.
(4) No court shall have jurisdiction over an action where the person bringing the action under s. 68.083(2) is:
(a) Acting as an attorney for state government; or
(b) An employee or former employee of state government,
and the action is based, in whole or in part, upon information obtained in the course or scope of government employment.
(5) No court shall have jurisdiction over an action where the person bringing the action under s. 68.083(2) obtained the information from an employee or former employee of state government who was not acting in the course or scope of government employment.
(6) No court shall have jurisdiction over an action brought under this act against any county or municipality.
History.—s. 7, ch. 94-316; s. 12, ch. 95-153; s. 105, ch. 2003-261; s. 8, ch. 2013-104.