Qui Tam under Florida’s False Claims Act

Section 68.083(3), Florida Statutes, provides for the filing of qui tam cases under the Florida False Claims Act only in the Circuit Court of the Second Judicial Circuit, in and for Leon County, Florida.

Florida’s statutory scheme for the filing of qui tam cases under the Florida False Claims Act does NOT not explain how the Leon County Clerk of the Circuit Court and Comptroller (“Clerk”) should handle the confidentiality of these cases and/or the documents filed in these cases during the time period before the Florida Attorney General’s Office notifies the Court of its intervention decision.

Section 68.083, Florida Statutes, does refer to the unsealing of the qui tam action in several places as well as the Florida Attorney General Office’s ability to request extensions of the seal period, including through in camera submissions. These provisons seem to indicate that the qui tam cases are initially filed under seal.

Administrative orders AOSC14-19 and AOSC15-18 from the Florida Supreme Court do not address how the Clerk shall handle the confidentiality of such cases or filings in them.

For these reasons, the Second Judicial Circuit of Florida Office of the Chief Judge created Administrative Order 2016-01, which addresses the filing procedures for Qui Tam cases under the Florida False Claims Act. The administrative order requires the Clerk to:

seal the entire case file for any Qui Tam cases filed under Section 68.083 for 90 days without any need for an initial motion to seal the case file; and
provide the Florida Attorney General’s Office with a searchable report listing all of the sealed qui tam cases through an agency-specific tab on the Clerk’s registered user website.

If the Florida Attorney General’s Office does not request a seal extension within 90 days after the case’s filing, the Clerk will make the entire case file public unless the Court has previously entered an order sealing all or part of the case file, consistent with Fla. R. Jud. Admin. 2.420. DOC

If the Florida Attorney General’s Office has filed a timely motion to extend the seal, the clerk will continue to keep it sealed until the court rules on that motion.

Speaking with a False Claims Act Attorney at Sammis Law Firm in Tampa

While Section 68.083 mandates that all state qui tam complaints be filed in Tallahassee in the Second Judicial Circuit, whistleblowers throughout the Tampa Bay area and the State of Florida can retain private counsel to investigate the wrongdoing, prepare the complaint, and navigate both state and federal reporting requirements.

If you have inside information regarding fraud committed against a Florida state agency, the Florida Medicaid program, or a state procurement contract, contact Sammis Law Firm at our Tampa office at (813) 250-0500.

During your confidential consultation, we will:

Evaluate your evidence under strict attorney-client privilege;
Determine whether your claims should be filed under the Florida False Claims Act in Leon County, under the federal False Claims Act, or jointly as a co-plaintiff action;
Analyze statutory hurdles, including Florida’s public disclosure bar and the “first-to-file” rule; and

Structure your disclosure statement to ensure your confidentiality and statutory relator share are protected from day one.

Call 813-250-0500.

Defending Against State Asset Forfeiture in Florida Medicaid & False Claims Investigations

When the Florida Attorney General’s Office, the Medicaid Fraud Control Unit (MFCU), or the Florida Department of Law Enforcement (FDLE) investigates alleged violations of the Florida False Claims Act or fraudulent healthcare billing, the state rarely limits itself to administrative audits.

Often, the state initiates civil asset forfeiture proceedings under the Florida Contraband Forfeiture Act (FCFA), Sections 932.701–932.706, Florida Statutes.

Under Section 932.701(2)(a), Florida law explicitly classifies as “contraband” any personal property—including bank accounts, business proceeds, and real estate—acquired through or traceable to the proceeds of Medicaid fraud under Sections 409.920 or 409.9201, Florida Statutes.

When the state moves to seize your company’s operating capital, strict statutory deadlines immediately begin running:

Adversarial Preliminary Hearing (APH): Under Section 932.703(2)(c), a claimant has only 15 calendar days from the receipt of the Notice of Seizure to formally demand an Adversarial Preliminary Hearing in writing. Demanding an APH forces the seizing agency before a circuit court judge to prove whether probable cause existed at the time of seizure. If the court finds no probable cause, the seizure is terminated, the property must be returned, and the court can award the claimant up to $2,000 in statutory attorney’s fees.
The 45-Day Rule to File a Complaint: Under Section 932.704(4) and Section 932.701(2)(c), the agency must “promptly proceed” by filing a formal civil forfeiture complaint within 45 days after the seizure. If the agency misses this deadline, the forfeiture action is subject to dismissal.
Jury Trial and Burden of Proof: Unlike the federal system, Florida law requires the seizing agency to ultimately prove to a civil jury by proof beyond a reasonable doubt that the property was used in violation of the FCFA or constitutes illegal proceeds.

If your corporate bank accounts, medical equipment, or personal assets have been frozen or seized in connection with a Florida Medicaid or state False Claims Act inquiry, you cannot wait for the underlying investigation to play out.

Sammis Law Firm represents healthcare providers, clinic owners, and corporate entities across Florida to challenge probable cause, demand immediate adversarial hearings, and aggressively fight to recover seized operating funds.

Service on State Officials and the Written Disclosure Statement

Filing the sealed complaint with the Leon County Clerk is only the first step. Under Section 68.083(3), the relator must immediately serve:

The Attorney General (as head of the Department of Legal Affairs); and
The Chief Financial Officer (as head of the Department of Financial Services).

Along with the complaint, the relator must serve a written disclosure of substantially all material evidence and information in their possession. This disclosure statement is not filed in the court record; it is provided confidentially to state investigators so the Attorney General’s Office (or the Department of Financial Services) can evaluate whether to intervene and take primary control of the litigation.

The defendant is not served with the complaint and is not required to respond until 20 days after the case is unsealed by court order and served in accordance with the Florida Rules of Civil Procedure.

Potential Whistleblower Rewards Under Section 68.085

A private citizen who files a successful qui tam action under the Florida False Claims Act is entitled to a statutory relator share of the recovery, along with reasonable attorney’s fees and costs:

If the State Intervenes: The relator generally receives between 15% and 25% of the proceeds of the action or settlement.
If the State Declines to Intervene: If the state declines and the relator proceeds with private counsel to litigate the claim, the relator’s share increases to between 25% and 30% of the proceeds.

Protections Against Workplace Retaliation

Relators are frequently current or former employees who discover fraudulent billing practices on the job. Section 68.088, Florida Statutes, provides robust anti-retaliation protections.

Any employee who is discharged, demoted, suspended, threatened, harassed, or discriminated against in the terms and conditions of employment because of lawful acts done in furtherance of a Florida False Claims Act action is entitled to all relief necessary to make the employee whole.

Remedies include reinstatement with the same seniority status, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained, including litigation costs and reasonable attorney’s fees.

Comparing State Qui Tam Actions and Federal False Claims Act Seizures

While a state qui tam action under the Florida False Claims Act is a civil whistleblower lawsuit filed by a private relator to recover stolen state funds, the government also uses civil enforcement provisions to aggressively seize business assets before trial.

In federal investigations involving healthcare programs, government contracts, or billing irregularities, federal prosecutors often bypass administrative audits entirely and use the False Claims Act alongside 18 U.S.C. § 981 to freeze commercial bank accounts and corporate operating funds.

If you are a healthcare provider, clinic owner, or government contractor whose assets or accounts have been frozen by federal authorities, visit our comprehensive guide on Federal False Claims Act Civil Asset Forfeiture Defense to learn how to challenge civil forfeiture complaints, file a verified claim, and move for the prompt release of seized funds.

This article was last updated on Friday, September 18, 2026.