Bill Text: FL S1494 | 2013 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Florida False Claims Act
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2013-04-24 - Laid on Table, companion bill(s) passed, see CS/CS/HB 935 (Ch. 2013-104), HB 1297 (Ch. 2013-105) [S1494 Detail]
Download: Florida-2013-S1494-Comm_Sub.html
Bill Title: Florida False Claims Act
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2013-04-24 - Laid on Table, companion bill(s) passed, see CS/CS/HB 935 (Ch. 2013-104), HB 1297 (Ch. 2013-105) [S1494 Detail]
Download: Florida-2013-S1494-Comm_Sub.html
Florida Senate - 2013 CS for SB 1494 By the Committee on Judiciary; and Senator Thrasher 590-02624-13 20131494c1 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 provisions relating to 54 dismissal of an action if substantially the same 55 allegations or transactions as alleged in the action 56 were publicly disclosed; amending s. 68.089, F.S.; 57 providing for the treatment for statutes of 58 limitations purposes of pleadings filed in 59 interventions by the department; amending s. 68.09, 60 F.S.; providing for estoppel as to certain matters 61 following a final judgment or decree rendered in favor 62 of the state or the Federal Government in certain 63 criminal proceedings; providing an effective date. 64 65 Be It Enacted by the Legislature of the State of Florida: 66 67 Section 1. Section 68.081, Florida Statutes, is amended to 68 read: 69 68.081 Florida False Claims Act; short title; purpose.— 70(1)Sections 68.081-68.09268.081-68.09may be cited as the 71 “Florida False Claims Act.” 72(2) The purpose of the Florida False Claims Act is to deter73persons from knowingly causing or assisting in causing state74government to pay claims that are false or fraudulent, and to75provide remedies for obtaining treble damages and civil76penalties for state government when money is obtained from state77government by reason of a false or fraudulent claim.78 Section 2. Section 68.082, Florida Statutes, is amended to 79 read: 80 68.082 False claims against the state; definitions; 81 liability.— 82 (1) As used in this section, the term: 83(a) “Agency” means any official, officer, commission,84board, authority, council, committee, or department of the85executive branch of state government.86 (a)(b)“Claim” meansincludesanywritten or electronically87submittedrequest or demand, whether under a contract or 88 otherwise, for money or,property, regardless of whether the 89 state has title to the money or property, that:or services,90which91 1. Is presentedmadeto any employee, officer, or agent of 92 the state;an agency,or 93 2. Is made to aanycontractor, grantee, or other recipient 94 if the stateagencyprovides or has provided any portion of the 95 money or property requested or demanded, or if the stateagency96 will reimburse the contractor, grantee, or other recipient for 97 any portion of the money or property that is requested or 98 demanded. 99 (c) “Knowing” or “knowingly” means, with respect to 100 information, that a person: 101 1. Has actual knowledge of the information; 102 2. Acts in deliberate ignorance of the truth or falsity of 103 the information; or 104 3. Acts in reckless disregard of the truth or falsity of 105 the information. 106 107 No proof of specific intent to defraud is required. Innocent 108 mistake shall be a defense to an action under this act. 109 (d) “Material” means having a natural tendency to 110 influence, or be capable of influencing, the payment or receipt 111 of money or property. 112 (e) “Obligation” means an established duty, fixed or 113 otherwise, arising from an express or implied contractual, 114 grantor-grantee, or licensor-licensee relationship, from a fee 115 based or similar relationship, from statute or regulation, or 116 from the retention of any overpayment. 117 (f)(d)“Stategovernment” means the government of the state 118 or any department, division, bureau, commission, regional 119 planning agency, board, district, authority, agency, or other 120 instrumentality of the state. 121 (b)(e)“Department” means the Department of Legal Affairs, 122 except as specifically provided in ss. 68.083 and 68.084. 123 (2) Any person who: 124 (a) Knowingly presents or causes to be presentedto an125officer or employee of an agencya false or fraudulent claim for 126 payment or approval; 127 (b) Knowingly makes, uses, or causes to be made or used a 128 false record or statement material togeta false or fraudulent 129 claimpaid or approved by an agency; 130 (c) Conspires to commit a violation of this subsection 131submit a false or fraudulent claim to an agency or to deceive an132agency for the purpose of getting a false or fraudulent claim133allowed or paid; 134 (d) Has possession, custody, or control of property or 135 money used or to be used by the statean agencyand, intending136to deceive the agency orknowinglyconceal the property,137 delivers or causes to be delivered lesspropertythan all of 138 that money or propertythe amount for which the person receives139a certificate or receipt; 140 (e) Is authorized to make or deliver a document certifying 141 receipt of property used or to be used by the statean agency142 and, intending to defrauddeceivethe stateagency, makes or 143 delivers the receipt without knowing that the information on the 144 receipt is true; 145 (f) Knowingly buys or receives, as a pledge of an 146 obligation or a debt, public property from an officer or 147 employee of the statean agencywho may not sell or pledge the 148 propertylawfully; or 149 (g) Knowingly makes, uses, or causes to be made or used a 150 false record or statement material to an obligation to pay or 151 transmit money or property to the state, or knowingly conceals 152 or knowingly and improperly avoids or decreasesto conceal,153avoid, or decreasean obligation to pay or transmit money or 154 property to the statean agency,155 156 is liable to the state for a civil penalty of not less than 157 $5,500 and not more than $11,000 and for treble the amount of 158 damages the stateagencysustains because of the actor omission159 of that person. 160 (3) The court may reduce the treble damages authorized 161 under subsection (2) if the court finds one or more of the 162 following specific extenuating circumstances: 163 (a) The person committing the violation furnished the 164 departmentofficials of the agency responsible for investigating165false claims violationswith all information known to the person 166 about the violation within 30 days after the date on which the 167 person first obtained the information; 168 (b) The person fully cooperated with any official 169 investigation of the violation; or 170 (c) At the time the person furnished the departmentagency171 with the information about the violation, no criminal 172 prosecution, civil action, or administrative action had 173 commenced under this section with respect to the violation, and 174 the person did not have actual knowledge of the existence of an 175 investigation into the violation; 176 177 in which case the court shall award no less than 2 times the 178 amount of damages sustained by the stateagencybecause of the 179 act of the person. The court shall set forth in a written order 180 its findings and basis for reducing the treble damages award. 181 Section 3. Subsection (7) of section 68.083, Florida 182 Statutes, is amended to read: 183 68.083 Civil actions for false claims.— 184 (7) When a person files an action under this section, no 185 person other than the departmenton behalf of the statemay 186 intervene or bring a relatedanactionunder this actbased on 187 the facts underlying the pending action. 188 Section 4. Section 68.0831, Florida Statutes, is created to 189 read: 190 68.0831 Subpoena.— 191 (1) Whenever the department has reason to believe that any 192 person may be in possession, custody, or control of any 193 documentary material or may have any information, which 194 documentary material or information is relevant to a civil 195 investigation authorized by s. 68.083, the department may, 196 before the institution of a civil proceeding thereon, issue in 197 writing and cause to be served upon the person a subpoena 198 requiring the person to: 199 (a) Produce such documentary material for inspection and 200 copying or reproduction; 201 (b) Answer, under oath and in writing, written 202 interrogatories; 203 (c) Give sworn oral testimony concerning the documentary 204 material or information; or 205 (d) Furnish any combination of such material, answers, or 206 testimony. 207 (2) The subpoena shall: 208 (a) Be served upon the person in the manner required for 209 service of process in this state or by certified mail showing 210 receipt by the addressee or by the authorized agent of the 211 addressee. 212 (b) State the nature of the conduct that constitutes the 213 violation of this act and that is alleged to have occurred or to 214 be imminent. 215 (c) Describe the class or classes of documentary material 216 to be produced thereunder with such definiteness and certainty 217 as to permit such materials to be reasonably identified. 218 (d) Prescribe a date and time at which the person must 219 appear to testify, under oath or affirmation, or by which the 220 person must answer written interrogatories or produce the 221 documentary material for inspection or copying; however, such 222 date shall not be earlier than 30 days after the date of service 223 of the subpoena. 224 (e) Specify a place for the taking of testimony or for the 225 submission of answers to interrogatories and identify the person 226 who is to take custody of any documentary material. Inspection 227 and copying of documentary material shall be carried out at the 228 place where the documentary material is located or at such other 229 place as may be thereafter agreed to by the person and such 230 designated custodian. Upon written agreement between the person 231 and the designated custodian, copies may be substituted for 232 original documents. 233 (3) Such subpoena may not require the production of any 234 documentary material, the submission of any answers to written 235 interrogatories, or the giving of any oral testimony if such 236 material, answers, or testimony would be protected from 237 disclosure under: 238 (a) The standards applicable to subpoenas or subpoenas 239 duces tecum issued by a court of this state in aid of a grand 240 jury investigation; or 241 (b) The standards applicable to a discovery request under 242 the Florida Rules of Civil Procedure, to the extent that the 243 application of such standards to any such subpoena is 244 appropriate and consistent with the provisions and purposes of 245 this act. 246 (4) This section does not limit the power of the department 247 to require the appearance of witnesses or production of 248 documents or other tangible evidence located outside the state. 249 (5) Within 30 days after the service of a subpoena upon any 250 person or at any time before the return date specified therein, 251 whichever period is longer, the person served may file, and 252 serve on the department, a petition for an order of the court 253 modifying or setting aside the subpoena. Any such petition shall 254 be filed in the circuit court of the Second Judicial Circuit in 255 and for Leon County. The time allowed for compliance in whole or 256 in part with the subpoena as deemed proper and ordered by the 257 court shall not run while the petition is pending before the 258 court. The petition shall specify each ground upon which the 259 petitioner relies in seeking relief and may be based upon the 260 failure of the subpoena to comply with this section or upon any 261 constitutional or other legal right or privilege of such person. 262 (6) In case of the failure of any person to comply in whole 263 or in part with a subpoena and when such person has not filed a 264 petition under subsection (5), the circuit court of the Second 265 Judicial Circuit in and for Leon County, upon application of the 266 department, may issue an order requiring compliance. The failure 267 to obey the order of the court shall be punishable as a contempt 268 of court. 269 (7) The examination of all witnesses under this section 270 shall be conducted by the department before an officer 271 authorized to administer oaths in this state. The testimony 272 shall be taken stenographically or by a sound-recording device. 273 Any person compelled to appear under a subpoena for oral 274 testimony pursuant to this section may be accompanied, 275 represented, and advised by counsel. Counsel may advise such 276 person, in confidence, either upon the request of such person or 277 upon counsel’s own initiative, with respect to any question 278 asked of such person. Such person or counsel may object on the 279 record to any question, in whole or in part, and shall briefly 280 state for the record the reason for any such objection. If such 281 person refuses to answer any question, the person conducting the 282 examination may petition the circuit court as provided by 283 subsection (10). 284 (8) When the testimony is fully transcribed, the person 285 conducting the deposition shall afford the witness, and counsel, 286 if any, a reasonable opportunity to examine the transcript, and 287 the transcript shall be read to or by the witness, unless such 288 examination and reading is waived by the witness. Any changes in 289 form or substance that the witness desires to make shall be 290 entered and identified upon the transcript by the officer or the 291 department, with a statement of the reasons given by the witness 292 for making such changes. The transcript shall then be signed by 293 the witness unless the witness waives the signing in writing, is 294 ill, cannot be found, or refuses to sign. If the transcript is 295 not signed by the witness within 30 days after his or her being 296 afforded a reasonable opportunity to examine it, the person 297 conducting the examination shall sign it and state on the record 298 the fact of the waiver, illness, absence, or refusal to sign, 299 together with the reason, if any, given therefor. Any person 300 required to testify or to submit documentary evidence is 301 entitled, on payment of reasonable costs, to procure a copy of 302 any document produced by such person and of his or her own 303 testimony as stenographically reported or, in the case of a 304 deposition, as reduced to writing by or under the direction of 305 the person taking the deposition. 306 (9) The department shall have the authority to stipulate to 307 protective orders with respect to documents and information 308 submitted in response to a subpoena under this section. 309 (10) The department may request that any natural person who 310 refuses to comply with this section on the ground that the 311 testimony or documents may incriminate him or her be ordered by 312 the circuit court to provide the testimony or the documents. 313 Except in a prosecution for perjury, a natural person who 314 complies with a court order to provide testimony or documents 315 after asserting a privilege against self-incrimination to which 316 he or she is entitled by law may not be subject to a criminal 317 proceeding with respect to the transaction to which he or she is 318 required to testify or produce documents. Any natural person who 319 fails to comply with such a court order to testify or produce 320 documents may be adjudged in contempt and imprisoned until the 321 time the person purges himself or herself of the contempt. 322 (11) While in the possession of the custodian, documentary 323 material, answers to interrogatories, and transcripts of oral 324 testimony shall be available, under such reasonable terms and 325 conditions as the department shall prescribe, for examination by 326 the person who produced such materials or answers or that 327 person’s duly authorized representative. 328 (12) This section does not impair the authority of the 329 department to: 330 (a) Institute a civil proceeding under s. 68.083; or 331 (b) Invoke the power of a court to compel the production of 332 evidence before a grand jury. 333 (13)(a) A person who knows or has reason to believe that a 334 subpoena pursuant to this section is pending shall not: 335 1. Alter, destroy, conceal, or remove any record, document, 336 or thing with the purpose of impairing its verity or 337 availability in such proceeding or investigation; or 338 2. Make, present, or use any record, document, or thing 339 knowing it to be false. 340 (b) Any natural person who violates this subsection is 341 subject to a civil penalty of not more than $100,000, reasonable 342 attorney fees, and costs. Any other person who violates this 343 subsection is subject to a civil penalty of not more than $1 344 million, reasonable attorney fees, and costs. 345 Section 5. Subsections (2) through (5) of section 68.084, 346 Florida Statutes, are amended to read: 347 68.084 Rights of the parties in civil actions.— 348 (2)(a) The department may at any point voluntarily dismiss 349 the action notwithstanding the objections of the person 350 initiating the action. 351 (b) Subject to s. 17.04, nothing in this act shall be 352 construed to limit the authority of the department or the qui 353 tam plaintiff to compromise a claim brought in a complaint filed 354 under this act if the court determines, after a hearing, that 355 the proposed settlement is fair, adequate, and reasonable under 356 all the circumstances. 357 (c) Upon a showing by the department that unrestricted 358 participation during the course of the litigation by the person 359 initiating the action would interfere with or unduly delay the 360 department’s prosecution of the case, or would be repetitious, 361 irrelevant, or for purposes of harassment, the court may, in its 362 discretion, impose limitations on the person’s participation, 363 including, but not limited to: 364 1. Limiting the number of witnesses the person may call; 365 2. Limiting the length of the testimony of the person’s 366 witnesses; 367 3. Limiting the person’s cross-examination of witnesses; or 368 4. Otherwise limiting the participation by the person in 369 the litigation. 370 (d) Upon a showing by the defendant that unrestricted 371 participation during the course of the litigation by the person 372 initiating the action would be for purposes of harassment or 373 would cause the defendant undue burden or unnecessary expense, 374 the court may limit the participation by the person in the 375 litigation. 376 (3) If the department elects not to proceed with the 377 action, the person who initiated the action has the right to 378 conduct the action. If the Attorney General, as head of the 379 department, or the Chief Financial Officer, as head of the 380 Department of Financial Services, so requests, it shall be 381 served, at the requesting department’s expense,with copies of 382 all pleadings and motions filed in the action along withand383 copies of all deposition transcripts at the requesting 384 department’s expense. When a person proceeds with the action, 385 the court, without limiting the rights of the person initiating 386 the action, may nevertheless permit the department to intervene 387 and take over the action on behalf of the state at a later date 388 upon showing of good cause. 389 (4) Regardless of whetheror notthe department proceeds 390 with the action, upon a showing by the department that certain 391 actions of discovery by the person initiating the action would 392 interfere with an investigation by the stategovernmentor the 393 prosecution of a criminal or civil matter arising out of the 394 same facts, the court may stay such discovery for a period of 395 not more than 60 days. Such a showing shall be conducted in 396 camera. The court may extend the 60-day period upon a further 397 showing in camera by the department that the criminal or civil 398 investigation or proceeding has been pursued with reasonable 399 diligence and any proposed discovery in the civil action will 400 interfere with an ongoing criminal or civil investigation or 401 proceeding. 402 (5) Notwithstanding paragraph (2)(b), the state may elect 403 to pursue its claim through any available alternate remedy, 404 including any administrative proceeding to determine a civil 405 money penalty. If any such alternate remedy is pursued in 406 another proceeding, the person initiating the action shall have 407 the same rights in such proceeding as the person would have had 408 if the action had continued under this sectionThe application409of one civil remedy under this act does not preclude the410application of any other remedy, civil or criminal, under this411act or any other provision of law. Civil remedies under this act412are supplemental, not mutually exclusive. Any finding of fact or 413 conclusion of law made in such other proceeding that has become 414 final shall be conclusive on all parties to an action under this 415 section. For purposes ofAs used inthis subsection, a finding 416 or conclusion is final if it has been finally determined on 417 appeal to the appropriate court, if all time for filing such an 418 appeal with respect to the finding or conclusion has expired, or 419 if the finding or conclusion isthe term “final” meansnot 420 subject to judicial review. 421 Section 6. Section 68.085, Florida Statutes, is amended to 422 read: 423 68.085 Awards to plaintiffs bringing action.— 424 (1)(a) If the department proceeds withand prevails inan 425 action brought by a person under this act, subject to the 426 requirements of paragraph (b), the person shall receiveexcept427as provided in subsection (2), the court shall order the428distribution to the person ofat least 15 percent but not more 429 than 25 percent of the proceeds of therecovered under any430judgment obtained by the department in anactionunder s.68.082431 orof the proceeds of anysettlement of the claim, depending 432 upon the extent to which the person substantially contributed to 433 the prosecution of the action. 434 (b)(2)If thedepartment proceeds with an action which the435 court finds the action to be based primarily on disclosures of 436 specific information, other than informationthatprovided by 437 the person bringing the action, relating to allegations or 438 transactions in a criminal, civil, or administrative hearing; a 439 legislative, administrative, inspector general, or auditor 440 general report, hearing, audit, or investigation; or from the 441 news media, the court may award such sums as it considers 442 appropriate, but in no case more than 10 percent of the proceeds 443recovered under a judgment or received in settlement of a claim444under this act, taking into account the significance of the 445 information and the role of the person bringing the action in 446 advancing the case to litigation. 447 (c) Any payment to a person under paragraph (a) or 448 paragraph (b) shall be made from the proceeds. The person shall 449 also receive an amount for reasonable expenses that the court 450 finds to have been necessarily incurred, plus reasonable 451 attorney fees and costs. All such expenses, fees, and costs 452 shall be awarded against the defendant. 453 (2)(3)If the department does not proceed with an action 454 under this section, the person bringing the action or settling 455 the claim shall receive an amount thatwhichthe court decides 456 is reasonable for collecting the civil penalty and damages. The 457 amount shall be not less than 25 percent and not more than 30 458 percent of the proceeds of the action or settlement and shall be 459 paid out of such proceedsrecovered under a judgment rendered in460an action under this act or in settlement of a claim under this461act. The person shall also receive an amount for reasonable 462 expenses that the court finds to have been necessarily incurred, 463 plus reasonable attorney fees and costs. All such expenses, 464 fees, and costs shall be awarded against the defendant. 465 (3)(4)Following any distributions under subsection (1) or,466 subsection (2),or subsection (3),the state entityagency467 injured by the submission of a false or fraudulent claim shall 468 be awarded an amount not to exceed its compensatory damages. If 469 the action was based on a claim of funds from the state Medicaid 470 program, 10 percent of any remaining proceeds shall be deposited 471 into the Operating Trust Fund to fund rewards for persons who 472 report and provide information relating to Medicaid fraud 473 pursuant to s. 409.9203. Any remaining proceeds, including civil 474 penalties awarded under s. 68.082, shall be deposited in the 475 General Revenue Fund. 476(5) Any payment under this section to the person bringing477the action shall be paid only out of the proceeds recovered from478the defendant.479 (4)(6)Regardless of whetheror notthe department proceeds 480 with the action, if the court finds that the action was brought 481 by a person who planned and initiated the violation of s. 68.082 482 upon which the action was brought, the court may, to the extent 483 the court considers appropriate, reduce the share of the 484 proceeds of the action thatwhichthe person would otherwise 485 receive under this section, taking into account the role of the 486 person in advancing the case to litigation and any relevant 487 circumstances pertaining to the violation. If the person 488 bringing the action is convicted of criminal conduct arising 489 from his or her role in the violation of s. 68.082, the person 490 shall be dismissed from the civil action and shall not receive 491 any share of the proceeds of the action. Such dismissal shall 492 not prejudice the right of the department to continue the 493 action. 494 Section 7. Section 68.086, Florida Statutes, is amended to 495 read: 496 68.086 Expenses; attorneyattorney’sfees and costs.— 497 (1) If the department initiates an action under this act or 498 assumes control of an action brought by a person under this act, 499 the department shall be awarded its reasonable attorney 500attorney’sfees, expenses, and costs. 501(2) If the court awards the person bringing the action502proceeds under this act, the person shall also be awarded an503amount for reasonable attorney’s fees and costs. Payment for504reasonable attorney’s fees and costs shall be made from the505recovered proceeds before the distribution of any award.506 (2)(3)If the department does not proceed with an action 507 under this act and the person bringing the action conducts the 508 action, the court may award to the defendant its reasonable 509 attorneyattorney’sfees and expensescostsif the defendant 510 prevails in the action and the court finds that the claim of the 511 person bringing the action was clearly frivolous, clearly 512 vexatious, or brought primarily for purposes of harassment. 513 (3)(4)No liability shall be incurred by the state 514government, the affected agency,or the department for any 515 expenses, attorneyattorney’sfees, or other costs incurred by 516 any person in bringing or defending an action under this act. 517 Section 8. Subsections (2), (3), and (6) of section 68.087, 518 Florida Statutes, are amended to read: 519 68.087 Exemptions to civil actions.— 520 (2) In no event may a person bring an action under s. 521 68.083(2) based upon allegations or transactions that are the 522 subject of a civil action or an administrative proceeding in 523 which the stateagencyis already a party. 524 (3) TheNocourt shall dismisshave jurisdiction overan 525 action brought under this act unless opposed by the department, 526 if substantially the samebased upon the public disclosure of527 allegations or transactions as alleged in the action were 528 publicly disclosed: 529 (a) In a criminal, civil, or administrative hearing in 530 which the state is a party; 531 (b) In a legislative, administrative, inspector general, or 532 other stateAuditor General, Chief Financial Officer, or533Department of Financial Servicesreport, hearing, audit, or 534 investigation; or 535 (c) From the news media, 536 537 unless the action is brought by the department,orunlessthe 538 person bringing the action is an original source of the 539 information. For purposes of this subsection, the term “original 540 source” means an individual who, before a public disclosure 541 under subsection (3), has voluntarily disclosed to the 542 department the information on which allegations or transactions 543 in a claim are based, or who has knowledge that is independent 544 of and materially adds to the publicly disclosed allegations or 545 transactionshas direct and independent knowledge of the546information on which the allegations are basedand has 547 voluntarily provided the information to the department before 548 filing an action under this sectionact based on the549information. 550 (6) No court shall have jurisdiction over an action brought 551 under this act againsta local government. For the purposes of552this subsection, the term “local government” meansany county or 553 municipality. 554 Section 9. Section 68.089, Florida Statutes, is amended to 555 read: 556 68.089 Limitation of actions; effect of interventions by 557 department.—A civil action under this act may not be brought: 558 (1) More than 6 years after the date on which the violation 559 of s. 68.082 is committed;or560 (2) More than 3 years after the date when facts material to 561 the right of action are known or reasonably should have been 562 known by the departmentstate official charged with563responsibility to act in the circumstances, but in no event more 564 than 10 years after the date on which the violation is 565 committed, whichever occurs last; or.566 (3) If the department elects to intervene and proceed with 567 an action brought under s. 68.083(2), the department may file 568 its own complaint or amend the complaint of a person who has 569 brought an action under s. 68.083(2) to clarify or add detail to 570 the claims in which the department is intervening and to add any 571 additional claims with respect to which the department contends 572 it is entitled to relief. For statute of limitations purposes, 573 any such pleading shall relate back to the filing date of the 574 complaint of the person who originally brought the action, to 575 the extent that the claim of the state arises out of the 576 conduct, transactions, or occurrences set forth, or attempted to 577 be set forth, in the prior complaint of that person. This 578 subsection applies to any actions under s. 68.083(2) pending on 579 or filed after July 1, 2013. 580 Section 10. Section 68.09, Florida Statutes, is amended to 581 read: 582 68.09 Burden of proof.— 583 (1) In any action brought under this act, the department 584State of Floridaor the qui tam plaintiff shall be required to 585 prove all essential elements of the cause of action, including 586 damages, by a preponderance of the evidence. 587 (2) Notwithstanding any other provision of law, a final 588 judgment or decree rendered in favor of the state or the Federal 589 Government in any criminal proceeding concerning the conduct of 590 the defendant that forms the basis for a civil cause of action 591 under this act, whether upon a verdict after trial or upon a 592 plea of guilty or nolo contendere, shall estop the defendant in 593 any action by the department pursuant to this act as to all 594 matters as to which such judgment or decree would be an estoppel 595 as if the department had been a party in the criminal 596 proceeding. 597 Section 11. This act shall take effect July 1, 2013.