§ 2-725. Civil actions for false claims.

(a)

The county administrator or his designee may investigate a violation under this article, the county administrator or designee finds that a person has violated or is violating this article, he or she may request approval from the board of county commissioners to bring a civil action against the person on behalf of the county. In the event that the county administrator is provided with information and evidence which support a civil action and fails to bring the matter forward to the board of county commissioners within 45 days after the clerk of courts or the county attorney has requested such action, the county attorney may bring the matter forward to the board of county commissioners.

(b)

A person may bring a civil action for a violation of this article for the person and for the county. Civil actions instituted under this article shall be governed by the Florida Rules of Civil Procedure and shall be brought in the name of the county.

(1)

The complaint shall be identified on its face as a qui tam action and shall be filed under seal in the Circuit Court of the Sixteenth Judicial Circuit, in and for Monroe County. Immediately upon filing of a complaint by a person, a copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the county administrator by registered mail, return receipt requested. The county administrator may elect to proceed with the action, in lieu of the qui tam plaintiff, on behalf of the county, within 180 days after he or she receives both the complaint and the material evidence and information.

(2)

The county, for good cause shown, may petition the court to extend the time during which the complaint remains under seal under paragraph (1). Any such motion may be supported by affidavits or other submissions in camera. The defendant is not required to respond to any complaint filed under this subsection until 20 days after the complaint is unsealed and served upon the defendant in accordance with law.

(3)

Before the expiration of the 180-day period or any extensions obtained under paragraph (2), the county administrator or designee, or county attorney, shall:

a.

Obtain approval from the board of county commissioners to proceed with the action, in which case the action is conducted by the county attorney on behalf of the county; or

b.

Notify the court that the board of county commissioners declines to take over the action, in which case the person bringing the action has the right to conduct the action.

(4)

When a person files an action under this section, the board of county commissioners shall make the decision whether to intervene on behalf of the county or bring an action under this article based on the facts underlying the pending action.

( Ord. No. 002-2009, § 1 )