Florida Senate - 2013                                    SB 1494
       
       
       
       By Senator Thrasher
       
       
       
       
       6-01313A-13                                           20131494__
    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.; authorizing the Department of Legal Affairs to
   12         issue subpoenas for specified purposes before the
   13         institution of civil proceedings; providing
   14         requirements for the content and service of subpoenas;
   15         providing that such subpoenas may not require
   16         specified protected documents or testimony; specifying
   17         that the department’s power to require the appearance
   18         of witnesses or production of documents or other
   19         tangible evidence located outside the state is
   20         unaffected; providing for petitions to modify or set
   21         aside subpoenas; providing for orders to comply with
   22         subpoenas; providing for the examination of witnesses;
   23         providing for review of transcripts of testimony;
   24         authorizing the department to stipulate to protective
   25         orders of submitted documents and information;
   26         providing for natural persons who decline to testify
   27         or produce documents after asserting a privilege
   28         against self-incrimination to be ordered to testify or
   29         produce documents; providing for contempt to comply
   30         with such orders; providing for examination of
   31         testimony, answers, or materials by the person who
   32         produced such materials or answers; providing for
   33         construction; prohibiting specified actions by a
   34         person knowing or having reason to believe that a
   35         subpoena is pending; providing civil penalties;
   36         amending s. 68.084, F.S.; clarifying that the
   37         department may dismiss actions at any point; revising
   38         language concerning the costs to the department for
   39         continuing to receive pleadings and transcripts of an
   40         action after it has elected to withdraw; providing
   41         that the state may elect to pursue available
   42         alternative remedies, including administrative
   43         proceedings; specifying what constitutes a final
   44         finding or conclusion in an alternative proceeding
   45         that is binding on all parties to an action under the
   46         act; amending s. 68.085, F.S.; providing for
   47         successful plaintiffs to receive, in addition to a
   48         portion of the amount recovered, awards of expenses
   49         and attorney fees and costs; amending s. 68.086, F.S.;
   50         deleting references to awards of attorney fees to
   51         successful plaintiffs; revising provisions relating to
   52         awards of attorney fees to the department; amending s.
   53         68.087, F.S.; revising terminology; revising
   54         provisions relating to dismissal of an action if
   55         substantially the same allegations or transactions as
   56         alleged in the action were publicly disclosed;
   57         amending s. 68.089, F.S.; providing for the treatment
   58         for statutes of limitations purposes of pleadings
   59         filed in interventions by the department; amending s.
   60         68.09, F.S.; providing for estoppel as to certain
   61         matters following a final judgment or decree rendered
   62         in favor of the state or the Federal Government in
   63         certain criminal proceedings; providing an effective
   64         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. Section 68.0831, Florida Statutes, is created to
  190  read:
  191         68.0831 Subpoena.—
  192         (1) Whenever the department has reason to believe that any
  193  person may be in possession, custody, or control of any
  194  documentary material or may have any information, which
  195  documentary material or information is relevant to a civil
  196  investigation authorized by s. 68.083, the department may,
  197  before the institution of a civil proceeding thereon, issue in
  198  writing and cause to be served upon the person a subpoena
  199  requiring the person to:
  200         (a) Produce such documentary material for inspection and
  201  copying or reproduction;
  202         (b) Answer, under oath and in writing, written
  203  interrogatories;
  204         (c) Give sworn oral testimony concerning the documentary
  205  material or information; or
  206         (d) Furnish any combination of such material, answers, or
  207  testimony.
  208         (2) The subpoena shall:
  209         (a) Be served upon the person in the manner required for
  210  service of process in this state or by certified mail showing
  211  receipt by the addressee or by the authorized agent of the
  212  addressee.
  213         (b) State the nature of the conduct that constitutes the
  214  violation of this act and that is alleged to have occurred or to
  215  be imminent.
  216         (c) Describe the class or classes of documentary material
  217  to be produced thereunder with such definiteness and certainty
  218  as to permit such materials to be reasonably identified.
  219         (d) Prescribe a date and time at which the person must
  220  appear to testify, under oath or affirmation, or by which the
  221  person must answer written interrogatories or produce the
  222  documentary material for inspection or copying; however, such
  223  date shall not be earlier than 30 days after the date of service
  224  of the subpoena.
  225         (e) Specify a place for the taking of testimony or for the
  226  submission of answers to interrogatories and identify the person
  227  who is to take custody of any documentary material. Inspection
  228  and copying of documentary material shall be carried out at the
  229  place where the documentary material is located or at such other
  230  place as may be thereafter agreed to by the person and such
  231  designated custodian. Upon written agreement between the person
  232  and the designated custodian, copies may be substituted for
  233  original documents.
  234         (3) Such subpoena may not require the production of any
  235  documentary material, the submission of any answers to written
  236  interrogatories, or the giving of any oral testimony if such
  237  material, answers, or testimony would be protected from
  238  disclosure under:
  239         (a) The standards applicable to subpoenas or subpoenas
  240  duces tecum issued by a court of this state in aid of a grand
  241  jury investigation; or
  242         (b) The standards applicable to a discovery request under
  243  the Florida Rules of Civil Procedure, to the extent that the
  244  application of such standards to any such subpoena is
  245  appropriate and consistent with the provisions and purposes of
  246  this act.
  247         (4) This section does not limit the power of the department
  248  to require the appearance of witnesses or production of
  249  documents or other tangible evidence located outside the state.
  250         (5) Within 30 days after the service of a subpoena upon any
  251  person or at any time before the return date specified therein,
  252  whichever period is longer, the person served may file, and
  253  serve on the department, a petition for an order of the court
  254  modifying or setting aside the subpoena. Any such petition shall
  255  be filed in the circuit court of the Second Judicial Circuit in
  256  and for Leon County. The time allowed for compliance in whole or
  257  in part with the subpoena as deemed proper and ordered by the
  258  court shall not run while the petition is pending before the
  259  court. The petition shall specify each ground upon which the
  260  petitioner relies in seeking relief and may be based upon the
  261  failure of the subpoena to comply with this section or upon any
  262  constitutional or other legal right or privilege of such person.
  263         (6) In case of the failure of any person to comply in whole
  264  or in part with a subpoena and when such person has not filed a
  265  petition under subsection (5), the circuit court of the Second
  266  Judicial Circuit in and for Leon County, upon application of the
  267  department, may issue an order requiring compliance. The failure
  268  to obey the order of the court shall be punishable as a contempt
  269  of court.
  270         (7) The examination of all witnesses under this section
  271  shall be conducted by the department before an officer
  272  authorized to administer oaths in this state. The testimony
  273  shall be taken stenographically or by a sound-recording device.
  274  Any person compelled to appear under a subpoena for oral
  275  testimony pursuant to this section may be accompanied,
  276  represented, and advised by counsel. Counsel may advise such
  277  person, in confidence, either upon the request of such person or
  278  upon counsel’s own initiative, with respect to any question
  279  asked of such person. Such person or counsel may object on the
  280  record to any question, in whole or in part, and shall briefly
  281  state for the record the reason for any such objection. If such
  282  person refuses to answer any question, the person conducting the
  283  examination may petition the circuit court as provided by
  284  subsection (10).
  285         (8) When the testimony is fully transcribed, the person
  286  conducting the deposition shall afford the witness, and counsel,
  287  if any, a reasonable opportunity to examine the transcript, and
  288  the transcript shall be read to or by the witness, unless such
  289  examination and reading is waived by the witness. Any changes in
  290  form or substance that the witness desires to make shall be
  291  entered and identified upon the transcript by the officer or the
  292  department, with a statement of the reasons given by the witness
  293  for making such changes. The transcript shall then be signed by
  294  the witness unless the witness waives the signing in writing, is
  295  ill, cannot be found, or refuses to sign. If the transcript is
  296  not signed by the witness within 30 days after his or her being
  297  afforded a reasonable opportunity to examine it, the person
  298  conducting the examination shall sign it and state on the record
  299  the fact of the waiver, illness, absence, or refusal to sign,
  300  together with the reason, if any, given therefor. Any person
  301  required to testify or to submit documentary evidence is
  302  entitled, on payment of reasonable costs, to procure a copy of
  303  any document produced by such person and of his or her own
  304  testimony as stenographically reported or, in the case of a
  305  deposition, as reduced to writing by or under the direction of
  306  the person taking the deposition.
  307         (9) The department shall have the authority to stipulate to
  308  protective orders with respect to documents and information
  309  submitted in response to a subpoena under this section.
  310         (10) The department may request that any natural person who
  311  refuses to comply with this section on the ground that the
  312  testimony or documents may incriminate him or her be ordered by
  313  the circuit court to provide the testimony or the documents.
  314  Except in a prosecution for perjury, a natural person who
  315  complies with a court order to provide testimony or documents
  316  after asserting a privilege against self-incrimination to which
  317  he or she is entitled by law may not be subject to a criminal
  318  proceeding with respect to the transaction to which he or she is
  319  required to testify or produce documents. Any natural person who
  320  fails to comply with such a court order to testify or produce
  321  documents may be adjudged in contempt and imprisoned until the
  322  time the person purges himself or herself of the contempt.
  323         (11) While in the possession of the custodian, documentary
  324  material, answers to interrogatories, and transcripts of oral
  325  testimony shall be available, under such reasonable terms and
  326  conditions as the department shall prescribe, for examination by
  327  the person who produced such materials or answers or that
  328  person’s duly authorized representative.
  329         (12) This section does not impair the authority of the
  330  department to:
  331         (a) Institute a civil proceeding under s. 68.083; or
  332         (b) Invoke the power of a court to compel the production of
  333  evidence before a grand jury.
  334         (13)(a) A person who knows or has reason to believe that a
  335  subpoena pursuant to this section is pending shall not:
  336         1. Alter, destroy, conceal, or remove any record, document,
  337  or thing with the purpose of impairing its verity or
  338  availability in such proceeding or investigation; or
  339         2. Make, present, or use any record, document, or thing
  340  knowing it to be false.
  341         (b) Any natural person who violates this subsection is
  342  subject to a civil penalty of not more than $100,000, reasonable
  343  attorney fees, and costs. Any other person who violates this
  344  subsection is subject to a civil penalty of not more than $1
  345  million, reasonable attorney fees, and costs.
  346         Section 5. Subsections (2) through (5) of section 68.084,
  347  Florida Statutes, are amended to read:
  348         68.084 Rights of the parties in civil actions.—
  349         (2)(a) The department may at any point voluntarily dismiss
  350  the action notwithstanding the objections of the person
  351  initiating the action.
  352         (b) Subject to s. 17.04, nothing in this act shall be
  353  construed to limit the authority of the department or the qui
  354  tam plaintiff to compromise a claim brought in a complaint filed
  355  under this act if the court determines, after a hearing, that
  356  the proposed settlement is fair, adequate, and reasonable under
  357  all the circumstances.
  358         (c) Upon a showing by the department that unrestricted
  359  participation during the course of the litigation by the person
  360  initiating the action would interfere with or unduly delay the
  361  department’s prosecution of the case, or would be repetitious,
  362  irrelevant, or for purposes of harassment, the court may, in its
  363  discretion, impose limitations on the person’s participation,
  364  including, but not limited to:
  365         1. Limiting the number of witnesses the person may call;
  366         2. Limiting the length of the testimony of the person’s
  367  witnesses;
  368         3. Limiting the person’s cross-examination of witnesses; or
  369         4. Otherwise limiting the participation by the person in
  370  the litigation.
  371         (d) Upon a showing by the defendant that unrestricted
  372  participation during the course of the litigation by the person
  373  initiating the action would be for purposes of harassment or
  374  would cause the defendant undue burden or unnecessary expense,
  375  the court may limit the participation by the person in the
  376  litigation.
  377         (3) If the department elects not to proceed with the
  378  action, the person who initiated the action has the right to
  379  conduct the action. If the Attorney General, as head of the
  380  department, or the Chief Financial Officer, as head of the
  381  Department of Financial Services, so requests, it shall be
  382  served, at the requesting department’s expense, with copies of
  383  all pleadings and motions filed in the action along with and
  384  copies of all deposition transcripts at the requesting
  385  department’s expense. When a person proceeds with the action,
  386  the court, without limiting the rights of the person initiating
  387  the action, may nevertheless permit the department to intervene
  388  and take over the action on behalf of the state at a later date
  389  upon showing of good cause.
  390         (4) Regardless of whether or not the department proceeds
  391  with the action, upon a showing by the department that certain
  392  actions of discovery by the person initiating the action would
  393  interfere with an investigation by the state government or the
  394  prosecution of a criminal or civil matter arising out of the
  395  same facts, the court may stay such discovery for a period of
  396  not more than 60 days. Such a showing shall be conducted in
  397  camera. The court may extend the 60-day period upon a further
  398  showing in camera by the department that the criminal or civil
  399  investigation or proceeding has been pursued with reasonable
  400  diligence and any proposed discovery in the civil action will
  401  interfere with an ongoing criminal or civil investigation or
  402  proceeding.
  403         (5) Notwithstanding paragraph (2)(b), the state may elect
  404  to pursue its claim through any available alternate remedy,
  405  including any administrative proceeding to determine a civil
  406  money penalty. If any such alternate remedy is pursued in
  407  another proceeding, the person initiating the action shall have
  408  the same rights in such proceeding as the person would have had
  409  if the action had continued under this section The application
  410  of one civil remedy under this act does not preclude the
  411  application of any other remedy, civil or criminal, under this
  412  act or any other provision of law. Civil remedies under this act
  413  are supplemental, not mutually exclusive. Any finding of fact or
  414  conclusion of law made in such other proceeding that has become
  415  final shall be conclusive on all parties to an action under this
  416  section. For purposes of As used in this subsection, a finding
  417  or conclusion is final if it has been finally determined on
  418  appeal to the appropriate court, if all time for filing such an
  419  appeal with respect to the finding or conclusion has expired, or
  420  if the finding or conclusion is the term “final” means not
  421  subject to judicial review.
  422         Section 6. Section 68.085, Florida Statutes, is amended to
  423  read:
  424         68.085 Awards to plaintiffs bringing action.—
  425         (1)(a) If the department proceeds with and prevails in an
  426  action brought by a person under this act, subject to the
  427  requirements of paragraph (b), the person shall receive except
  428  as provided in subsection (2), the court shall order the
  429  distribution to the person of at least 15 percent but not more
  430  than 25 percent of the proceeds of the recovered under any
  431  judgment obtained by the department in an action under s. 68.082
  432  or of the proceeds of any settlement of the claim, depending
  433  upon the extent to which the person substantially contributed to
  434  the prosecution of the action.
  435         (b)(2) If the department proceeds with an action which the
  436  court finds the action to be based primarily on disclosures of
  437  specific information, other than information that provided by
  438  the person bringing the action, relating to allegations or
  439  transactions in a criminal, civil, or administrative hearing; a
  440  legislative, administrative, inspector general, or auditor
  441  general report, hearing, audit, or investigation; or from the
  442  news media, the court may award such sums as it considers
  443  appropriate, but in no case more than 10 percent of the proceeds
  444  recovered under a judgment or received in settlement of a claim
  445  under this act, taking into account the significance of the
  446  information and the role of the person bringing the action in
  447  advancing the case to litigation.
  448         (c) Any payment to a person under paragraph (a) or
  449  paragraph (b) shall be made from the proceeds. The person shall
  450  also receive an amount for reasonable expenses that the court
  451  finds to have been necessarily incurred, plus reasonable
  452  attorney fees and costs. All such expenses, fees, and costs
  453  shall be awarded against the defendant.
  454         (2)(3) If the department does not proceed with an action
  455  under this section, the person bringing the action or settling
  456  the claim shall receive an amount that which the court decides
  457  is reasonable for collecting the civil penalty and damages. The
  458  amount shall be not less than 25 percent and not more than 30
  459  percent of the proceeds of the action or settlement and shall be
  460  paid out of such proceeds recovered under a judgment rendered in
  461  an action under this act or in settlement of a claim under this
  462  act. The person shall also receive an amount for reasonable
  463  expenses that the court finds to have been necessarily incurred,
  464  plus reasonable attorney fees and costs. All such expenses,
  465  fees, and costs shall be awarded against the defendant.
  466         (3)(4) Following any distributions under subsection (1) or,
  467  subsection (2), or subsection (3), the state entity agency
  468  injured by the submission of a false or fraudulent claim shall
  469  be awarded an amount not to exceed its compensatory damages. If
  470  the action was based on a claim of funds from the state Medicaid
  471  program, 10 percent of any remaining proceeds shall be deposited
  472  into the Operating Trust Fund to fund rewards for persons who
  473  report and provide information relating to Medicaid fraud
  474  pursuant to s. 409.9203. Any remaining proceeds, including civil
  475  penalties awarded under s. 68.082, shall be deposited in the
  476  General Revenue Fund.
  477         (5) Any payment under this section to the person bringing
  478  the action shall be paid only out of the proceeds recovered from
  479  the defendant.
  480         (4)(6)Regardless of whether or not the department proceeds
  481  with the action, if the court finds that the action was brought
  482  by a person who planned and initiated the violation of s. 68.082
  483  upon which the action was brought, the court may, to the extent
  484  the court considers appropriate, reduce the share of the
  485  proceeds of the action that which the person would otherwise
  486  receive under this section, taking into account the role of the
  487  person in advancing the case to litigation and any relevant
  488  circumstances pertaining to the violation. If the person
  489  bringing the action is convicted of criminal conduct arising
  490  from his or her role in the violation of s. 68.082, the person
  491  shall be dismissed from the civil action and shall not receive
  492  any share of the proceeds of the action. Such dismissal shall
  493  not prejudice the right of the department to continue the
  494  action.
  495         Section 7. Section 68.086, Florida Statutes, is amended to
  496  read:
  497         68.086 Expenses; attorney attorney’s fees and costs.—
  498         (1) If the department initiates an action under this act or
  499  assumes control of an action brought by a person under this act,
  500  the department shall be awarded its reasonable attorney
  501  attorney’s fees, expenses, and costs.
  502         (2) If the court awards the person bringing the action
  503  proceeds under this act, the person shall also be awarded an
  504  amount for reasonable attorney’s fees and costs. Payment for
  505  reasonable attorney’s fees and costs shall be made from the
  506  recovered proceeds before the distribution of any award.
  507         (2)(3) If the department does not proceed with an action
  508  under this act and the person bringing the action conducts the
  509  action, the court may award to the defendant its reasonable
  510  attorney attorney’s fees and expenses costs if the defendant
  511  prevails in the action and the court finds that the claim of the
  512  person bringing the action was clearly frivolous, clearly
  513  vexatious, or brought primarily for purposes of harassment.
  514         (3)(4) No liability shall be incurred by the state
  515  government, the affected agency, or the department for any
  516  expenses, attorney attorney’s fees, or other costs incurred by
  517  any person in bringing or defending an action under this act.
  518         Section 8. Subsections (1), (2), (3), and (6) of section
  519  68.087, Florida Statutes, are amended to read:
  520         68.087 Exemptions to civil actions.—
  521         (1) No court shall have jurisdiction over an action brought
  522  under this act against a member of the Legislature, a member of
  523  the judiciary, or a senior executive branch official if the
  524  action is based on evidence or information known to the
  525  department state government when the action was brought. For
  526  purposes of this subsection, the term “senior executive branch
  527  official” means any person employed in the executive branch of
  528  government holding a position in the Senior Management Service
  529  as defined in s. 110.402.
  530         (2) In no event may a person bring an action under s.
  531  68.083(2) based upon allegations or transactions that are the
  532  subject of a civil action or an administrative proceeding in
  533  which the state agency is already a party.
  534         (3) The No court shall dismiss have jurisdiction over an
  535  action brought under this act unless opposed by the department,
  536  if substantially the same based upon the public disclosure of
  537  allegations or transactions as alleged in the action were
  538  publicly disclosed:
  539         (a) In a criminal, civil, or administrative hearing in
  540  which the state is a party;
  541         (b) In a legislative, administrative, inspector general, or
  542  other state Auditor General, Chief Financial Officer, or
  543  Department of Financial Services report, hearing, audit, or
  544  investigation; or
  545         (c) From the news media,
  546  
  547  unless the action is brought by the department, or unless the
  548  person bringing the action is an original source of the
  549  information. For purposes of this subsection, the term “original
  550  source” means an individual who, before a public disclosure
  551  under subsection (3), has voluntarily disclosed to the
  552  department the information on which allegations or transactions
  553  in a claim are based, or who has knowledge that is independent
  554  of and materially adds to the publicly disclosed allegations or
  555  transactions has direct and independent knowledge of the
  556  information on which the allegations are based and has
  557  voluntarily provided the information to the department before
  558  filing an action under this section act based on the
  559  information.
  560         (6) No court shall have jurisdiction over an action brought
  561  under this act against a local government. For the purposes of
  562  this subsection, the term “local government” means any county or
  563  municipality.
  564         Section 9. Section 68.089, Florida Statutes, is amended to
  565  read:
  566         68.089 Limitation of actions; effect of interventions by
  567  department.—A civil action under this act may not be brought:
  568         (1) More than 6 years after the date on which the violation
  569  of s. 68.082 is committed; or
  570         (2) More than 3 years after the date when facts material to
  571  the right of action are known or reasonably should have been
  572  known by the department state official charged with
  573  responsibility to act in the circumstances, but in no event more
  574  than 10 years after the date on which the violation is
  575  committed, whichever occurs last; or.
  576         (3) If the department elects to intervene and proceed with
  577  an action brought under s. 68.083(2), the department may file
  578  its own complaint or amend the complaint of a person who has
  579  brought an action under s. 68.083(2) to clarify or add detail to
  580  the claims in which the department is intervening and to add any
  581  additional claims with respect to which the department contends
  582  it is entitled to relief. For statute of limitations purposes,
  583  any such pleading shall relate back to the filing date of the
  584  complaint of the person who originally brought the action, to
  585  the extent that the claim of the state arises out of the
  586  conduct, transactions, or occurrences set forth, or attempted to
  587  be set forth, in the prior complaint of that person. This
  588  subsection applies to any actions under s. 68.083(2) pending on
  589  or filed after July 1, 2013.
  590         Section 10. Section 68.09, Florida Statutes, is amended to
  591  read:
  592         68.09 Burden of proof.—
  593         (1) In any action brought under this act, the department
  594  State of Florida or the qui tam plaintiff shall be required to
  595  prove all essential elements of the cause of action, including
  596  damages, by a preponderance of the evidence.
  597         (2) Notwithstanding any other provision of law, a final
  598  judgment or decree rendered in favor of the state or the Federal
  599  Government in any criminal proceeding concerning the conduct of
  600  the defendant that forms the basis for a civil cause of action
  601  under this act, whether upon a verdict after trial or upon a
  602  plea of guilty or nolo contendere, shall estop the defendant in
  603  any action by the department pursuant to this act as to all
  604  matters as to which such judgment or decree would be an estoppel
  605  as if the department had been a party in the criminal
  606  proceeding.
  607         Section 11. This act shall take effect July 1, 2013.