Florida False Claims: Unique Aspects

Gary:  I wanted to tell you real quick too about the Florida Act that’s a little different. The Florida statute is a little funky in that it doesn’t come right out and say affirmatively that the initial complaint is filed under seal. It’s really weird. It refers in later part of the stature to the sealed complaint. It does not specifically say that it is to be filed under seal. If you look at 68.083 is the section. Then subsection (2) talks about unsealing it. That’s actually an issue because years ago there was an issue down at Miami where it was this secret docket of this certain type of criminal cases.I don’t even remember the detail, but it created a hullabaloo and then new rules of judicial administration were drafted to make sure we didn’t use the secret dockets. So the chief judge in Leon County, which is where we have to file State False Claims cases, decided that he was not going to keep under seal the dockets for these cases.

Gary: Yes. He didn’t expose the whole docket, but you could see the caption of the initial pleading, which in and of itself was bad enough cause it reveals the Relator’s name.

Gary:  Yes. Difficult to say this is going to be confidential and you don’t have to worry about being blackballed or anything.

Gary: I believe the new chief judge has stopped that practice, but it went on for a couple of years.

Gary: No. No. Just Florida cases on whatever it is the second circuit, judicial circuit in that circuit for state cases.

Gary:   Correct.

Gary:  Right.

Gary: Yeah.

Gary: Yeah. I’d like that too. I appreciate the time. … I’m glad you’re doing this.  I love doing these cases. I really feel like we’re wearing a white hat when we do these cases. I tell my clients they’re patriots for bringing these cases and to see a government entity try to kill them really offensive to me. I appreciate you shedding a little light on this.

Gary:  Right.