Miami - Dade County |
Code of Ordinances |
Chapter 21. OFFENSES AND MISCELLANEOUS PROVISIONS |
Article XV. FALSE CLAIMS ORDINANCE |
§ 21-263. Exemptions to civil actions.
(1)
In no event may a person bring an action under Section 21-258 based upon allegations or transactions that are the subject of a civil action or an administrative proceeding in which the County is already a party.
(2)
No court shall have jurisdiction over an action brought under this article based upon the public disclosure of allegations or transactions in a criminal, civil, or administrative hearing; in a legislative, administrative, or inspector general report, hearing, audit, or investigation; or from the news media, unless the action is brought by the County, or unless the person bringing the action is an original source of the information. For purposes of this subsection, the term "original source" means an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the County Manager before filing an action under this article based on the information.
(3)
No court shall have jurisdiction over an action where the person bringing the action under Section 21-258 is:
(a)
Acting as an attorney for the County; or
(b)
An employee or former employee of the County,
and the action is based, in whole or in part, upon information obtained in the course or scope of County employment.
(4)
No court shall have jurisdiction over an action where the person bringing the action under Section 21-258 obtained the information from an employee or former employee of the County.
(Ord. No. 99-152, § 1, 11-2-99)