§ 21-259. Civil actions for false claims.

(1)

The County Manager may investigate a violation under Section 21-258. If the County Manager finds that a person has violated or is violating Section 21-258, he or she may bring a civil action against the person on behalf of the County.

(2)

A person may bring a civil action for a violation of Section 21-258 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.

(a)

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 Eleventh Judicial Circuit, in and for Miami-Dade 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 Manager by registered mail, return receipt requested. The County Manager may elect to proceed with the action, in lieu of the qui tam plaintiff, on behalf of the County, within one hundred eighty (180) days after he or she receives both the complaint and the material evidence and information.

(b)

The County Manager, for good cause shown, may petition the court to extend the time during which the complaint remains under seal under subsection (a). 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 section until twenty (20) days after the complaint is unsealed and served upon the defendant in accordance with law.

(c)

Before the expiration of the one hundred eighty (180) day period or any extensions obtained under subsection (b), the County Manager shall:

i.

Proceed with the action, in which case the action is conducted by the County Attorney on behalf of the County; or

ii.

Notify the court that the County declines to take over the action, in which case the person bringing the action has the right to conduct the action.

(d)

When a person files an action under this section, no person other than the County Manager on behalf of the County may intervene or bring an action under this article based on the facts underlying the pending action.

(Ord. No. 99-152, § 1, 11-2-99)