AB792-ASA2,15,21 20(4) Subsections (2) and (3) do not apply to any claim, record, statement, or
21return made under chs. 70 to 79.
AB792-ASA2,15,24 22(5) (a) Except as provided in subs. (10) and (12), any person may bring a civil
23action as a qui tam plaintiff against a person who commits an act in violation of sub.
24(2) for the person and the state in the name of the state.
AB792-ASA2,16,8
1(b) The plaintiff shall serve upon the attorney general a copy of the complaint
2and documents disclosing substantially all material evidence and information that
3the person possesses. The plaintiff shall file a copy of the complaint with the court
4for inspection in camera. Except as provided in par. (c), the complaint shall remain
5under seal for a period of 60 days from the date of filing, and shall not be served upon
6the defendant until the court so orders. Within 60 days from the date of service upon
7the attorney general of the complaint, evidence, and information under this
8paragraph, the attorney general may intervene in the action.
AB792-ASA2,16,119 (c) The attorney general may, for good cause shown, move the court for one or
10more extensions of the period during which a complaint in an action under this
11subsection remains under seal.
AB792-ASA2,16,1312 (d) Before the expiration of the period during which the complaint remains
13under seal, the attorney general shall do one of the following:
AB792-ASA2,16,1514 1. Proceed with the action or an alternate remedy under sub. (10), in which case
15the state shall prosecute the action or proceeding under sub. (10).
AB792-ASA2,16,1716 2. Notify the court that he or she declines to proceed with the action, in which
17case the action may not proceed.
AB792-ASA2,16,2018 (e) If a person brings a valid action under this subsection, no person other than
19the state may intervene or bring a related action while the original action is pending
20based upon the same facts underlying the pending action.
AB792-ASA2,16,2321 (f) In any action or other proceeding under sub. (10) brought under this
22subsection, all essential elements of the cause of action or complaint, including
23damages, must be proven by a preponderance of the evidence.
AB792-ASA2,17,3 24(6) If the state proceeds with an action under sub. (5) or an alternate remedy
25under sub. (10), the state has primary responsibility for prosecuting the action or

1proceeding under sub. (10). The state is not bound by any act of the person bringing
2the action, but that person has the right to continue as a party to the action, subject
3to the limitations under sub. (7).
AB792-ASA2,17,9 4(7) (a) The state may move to dismiss an action under sub. (5) or an
5administrative proceeding under sub. (10) to which the state is a party for good cause
6shown, notwithstanding objection of the person bringing the action, if that person is
7served with a copy of the state's motion and is provided with an opportunity to oppose
8the motion before the court or the administrative agency before which the proceeding
9is conducted.
AB792-ASA2,17,1710 (b) With the approval of the governor, the attorney general may compromise
11and settle an action under sub. (5) or an administrative proceeding under sub. (10)
12to which the state is a party, notwithstanding objection of the person bringing the
13action, if the court determines, after affording to the person bringing the action the
14right to a hearing at which the person is afforded the opportunity to present evidence
15in opposition to the proposed settlement, that the proposed settlement is fair,
16adequate, and reasonable considering the relevant circumstances pertaining to the
17violation.
AB792-ASA2,17,2418 (c) Upon a showing by the state that unrestricted participation in the
19prosecution of an action under sub. (5) or an alternate proceeding to which the state
20is a party by the person bringing the action would interfere with or unduly delay the
21prosecution of the action or proceeding, or would result in consideration of
22repetitious or irrelevant evidence or evidence presented for purposes of harassment,
23the court may limit the person's participation in the prosecution in any of the
24following ways:
AB792-ASA2,17,2525 1. Limiting the number of witnesses that the person may call.
AB792-ASA2,17,26
12. Limiting the length of the testimony of the witnesses.
AB792-ASA2,18,22 3. Limiting the cross-examination of witnesses by the person.
AB792-ASA2,18,43 4. Otherwise limiting the participation by the person in the prosecution of the
4action or proceeding.
AB792-ASA2,18,95 (d) Upon showing by a defendant that unrestricted participation in the
6prosecution of an action under sub. (5) or alternate proceeding under sub. (10) to
7which the state is a party by the person bringing the action would result in
8harassment or would cause the defendant undue burden or unnecessary expense, the
9court may limit the person's participation in the prosecution.
AB792-ASA2,18,18 10(9) Upon showing in camera by the attorney general that discovery by the
11person bringing the action would interfere with the state's ongoing investigation or
12prosecution of a criminal or civil matter arising out of the same facts as the facts upon
13which the action is based, the court may stay the discovery in whole or in part for not
14more than 60 days. The court may extend the stay upon further showing in camera
15by the attorney general that the state has pursued the criminal or civil investigation
16of the matter with reasonable diligence and the proposed discovery in the action
17brought under sub. (5) will interfere with the ongoing criminal or civil investigation
18or prosecution.
AB792-ASA2,19,5 19(10) The attorney general may pursue a claim relating to an alleged violation
20of sub. (2) through an alternate remedy available to the state or any state agency,
21including an administrative proceeding to assess a civil forfeiture. If the attorney
22general elects an alternate remedy, the attorney general shall serve timely notice of
23his or her election upon the person bringing the action under sub. (5), and that person
24has the same rights in the alternate venue as the person would have had if the action
25had continued under sub. (5). Any finding of fact or conclusion of law made by a court

1or by a state agency in the alternate venue that has become final is conclusive upon
2all parties named in an action under sub. (5). For purposes of this subsection, a
3finding or conclusion is final if it has been finally determined on appeal, if all time
4for filing an appeal or petition for review with respect to the finding or conclusion has
5expired, or if the finding or conclusion is not subject to judicial review.
AB792-ASA2,19,11 6(11) (a) Except as provided in pars. (b) and (d), if the state proceeds with an
7action brought by a person under sub. (5) or the state pursues an alternate remedy
8relating to the same acts under sub. (10), the person who brings the action shall
9receive at least 15 percent but not more than 25 percent of the proceeds of the action
10or settlement of the claim, depending upon the extent to which the person
11contributed to the prosecution of the action or claim.
AB792-ASA2,19,2112 (b) Except as provided in par. (d), if an action or claim is one in which the court
13or other adjudicator finds to be based primarily upon disclosures of specific
14information not provided by the person who brings an action under sub. (5) relating
15to allegations or transactions specifically in a criminal, civil, or administrative
16hearing, or in a legislative or administrative report, hearing, audit, or investigation,
17or report made by the news media, the court or other adjudicator may award an
18amount that it considers appropriate but that is not more than 10 percent of the
19proceeds of the action or settlement of the claim, depending upon the significance of
20the information and the role of the person bringing the action in advancing the
21prosecution of the action or claim.
AB792-ASA2,20,222 (c) Except as provided in par. (d), in addition to any amount received under par.
23(a) or (b), a person bringing an action under sub. (5) shall be awarded his or her
24reasonable expenses necessarily incurred in bringing the action together with the

1person's costs and reasonable actual attorney fees. The court or other adjudicator
2shall assess any award under this paragraph against the defendant.
AB792-ASA2,20,143 (d) Whether the state proceeds with the action or an alternate proceeding under
4sub. (10), if the court or other adjudicator finds that the person who brought an action
5under sub. (5) also planned or initiated the violation upon which the action or
6proceeding is based, then the court may, to the extent that the court considers
7appropriate, reduce the share of the proceeds of the action that the person would
8otherwise receive under par. (a) or (b), taking into account the role of that person in
9advancing the prosecution of the action or claim and any other relevant circumstance
10pertaining to the violation, except that if the person bringing the action is convicted
11of criminal conduct arising from his or her role in a violation of sub. (2), the court or
12other adjudicator shall dismiss the person as a party and the person shall not receive
13any share of the proceeds of the action or claim or any expenses, costs, or fees under
14par. (c).
AB792-ASA2,20,17 15(12) (a) No court has jurisdiction over an action brought by a private person
16under sub. (5) against a state public official if the action is based upon information
17known to the attorney general at the time that the action is brought.
AB792-ASA2,20,2418 (am) No court has jurisdiction over an action brought by a private person under
19sub. (5) if the action is based on public disclosure of allegations or transactions in a
20criminal action; in a legislative, administrative, or other governmental report,
21hearing, audit, or investigation; or from news media, unless the private person has
22direct and independent knowledge of the information on which the allegations or
23transactions are based and has voluntarily provided the knowledge to the attorney
24general under sub. (5) (b).
AB792-ASA2,21,4
1(b) No person may bring an action under sub. (5) that is based upon allegations
2or transactions that are the subject of a civil action or an administrative proceeding
3to assess a civil forfeiture in which the state is a party if that action or proceeding
4was commenced prior to the date that the action is filed.
AB792-ASA2,21,6 5(13) The state is not liable for any expenses incurred by a private person in
6bringing an action under sub. (5).
AB792-ASA2,21,18 7(14) Any employee who is discharged, demoted, suspended, threatened,
8harassed, or in any other manner discriminated against by his or her employer
9because of lawful actions taken by the employee, on behalf of the employee, or by
10others in furtherance of an action or claim filed under this section, including
11investigation for, initiation of, testimony for, or assistance in an action or claim filed
12or to be filed under sub. (5) is entitled to all necessary relief to make the employee
13whole. The relief shall in each case include reinstatement with the same seniority
14status that the employee would have had but for the discrimination, 2 times the
15amount of back pay, interest on the back pay at the legal rate, and compensation for
16any special damages sustained as a result of the discrimination, including costs and
17reasonable actual attorney fees. An employee may bring an action to obtain the relief
18to which the employee is entitled under this subsection.
AB792-ASA2,21,21 19(15) A civil action may be brought based upon acts occurring prior to the
20effective date of this subsection .... [LRB inserts date], if the action is brought within
21the period specified in s. 893.981.
AB792-ASA2,21,25 22(16) A judgment of guilty entered against a defendant in a criminal action in
23which the defendant is charged with fraud or making false statements estops the
24defendant from denying the essential elements of the offense in any action under sub.
25(5) that involves the same elements as in the criminal action.
AB792-ASA2,22,2
1(17) The remedies provided for under this section are in addition to any other
2remedies provided for under any other law or available under the common law.
AB792-ASA2,22,5 3(18) This section shall be liberally construed and applied to promote the public
4interest and to effect the congressional intent in enacting 31 USC 3729 to 3733, as
5reflected in the act and the legislative history of the act.
AB792-ASA2, s. 23 6Section 23. 25.18 (1) (a) of the statutes is amended to read:
AB792-ASA2,22,157 25.18 (1) (a) Notwithstanding s. 20.930 and all provisions of subch. IV of ch.
816, except s. 16.753, employ special legal or investment counsel in any matters
9arising out of the scope of its investment authority. Section Sections 16.753 does,
1016.771, 16.871 and 20.932 do
not apply to the employment of legal or investment
11counsel for the purpose of assisting the board with investments or arising out of the
12scope of the board's investment authority
. The employment of special legal counsel
13shall be with the advice and consent of the attorney general whenever such special
14counsel is to be compensated by the board. Any expense of counsel so employed shall
15be borne by the fund for which the services shall be furnished.
AB792-ASA2, s. 24 16Section 24. 25.18 (1) (f) of the statutes is amended to read:
AB792-ASA2,23,217 25.18 (1) (f) Maintain and repair any building or other structure or premises
18which it owns in fee or in which it owns the beneficial interest and, notwithstanding
19all provisions of subch. IV or V of ch. 16, except s. 16.753, it shall have exclusive
20authority to make such agreements and enter into such contracts as it deems
21necessary for such purpose. Section Sections 16.753 does, 16.771, 16.871, and 20.932
22do
not apply to agreements and contracts entered into by the board for the purpose
23of assisting the board with investments or arising out of the scope of the board's
24investment authority
. All noncapital costs under this paragraph shall be charged to

1the current income accounts of the funds having an interest in the building, structure
2or premises.
AB792-ASA2, s. 25 3Section 25. 25.18 (1) (m) of the statutes is amended to read:
AB792-ASA2,23,124 25.18 (1) (m) Notwithstanding all provisions of subchs. IV and V of ch. 16,
5except s. 16.753, employ professionals, contractors or other agents necessary to
6evaluate or operate any property if a fund managed by the board has an interest in,
7or is considering purchasing or lending money based upon the value of, that property.
8Section Sections 16.753 does, 16.771, 16.871, and 20.932 do not apply to the
9employment of any person for the purpose of assisting the board with investments
10or arising out of the scope of the board's investment authority. Costs under this
11paragraph shall be paid by the fund and charged to the appropriate account under
12s. 40.04 (3).
AB792-ASA2, s. 26 13Section 26. 66.0902 of the statutes is created to read:
AB792-ASA2,23,14 1466.0902 False claims. (1) Definitions. In this section:
AB792-ASA2,23,1515 (a) "Local governmental unit" has the meaning given in s. 66.0131 (1) (a).
AB792-ASA2,23,1916 (b) "Public contract" means a contract that is subject to s. 66.0903 and that is
17for the construction, execution, repair, remodeling, or improvement of a public work
18or building or for the furnishing of supplies, equipment, material, or professional or
19contractual services of any kind.
AB792-ASA2,23,25 20(2) Presentation of false claims. Whoever knowingly presents or causes to
21be presented a false claim for payment under any public contract with a local
22governmental unit shall forfeit not less than $5,000 nor more than $10,000, plus 3
23times the amount of the damages that were sustained by the local governmental unit
24or would have been sustained by the local governmental unit, whichever is greater,
25as a result of the false claim.
AB792-ASA2, s. 27
1Section 27. 84.01 (13) of the statutes is amended to read:
AB792-ASA2,25,22 84.01 (13) Engineering services. The department may engage such
3engineering, consulting, surveying, or other specialized services as it deems
4advisable. Any engagement of services under this subsection is exempt from ss.
516.70 to 16.75 16.7015, 16.705 (4), 16.71 to 16.751, 16.755 to 16.82, and 16.85 to
616.89, but ss. 16.42, 16.46, 16.528, 16.705 except s. 16.705 (4), 16.752, 16.753, and
716.754 apply to such engagement. Section 20.932 does not apply to any engagement
8of services under this subsection.
Any engagement involving an expenditure of
9$3,000 or more shall be by formal contract approved by the governor. The
10department shall conduct a uniform cost-benefit analysis, as defined in s. 16.70 (3g),
11of each proposed engagement under this subsection that involves an estimated
12expenditure of more than $25,000 $50,000 in accordance with standards prescribed
13by rule of the department. The department shall review periodically, and before any
14renewal, the continued appropriateness of contracting pursuant to each engagement
15under this subsection that involves an estimated expenditure of more than $25,000
16$50,000. Notwithstanding any provision of s. 16.705 or rule promulgated under s.
1716.705, the department of transportation is not required to submit any proposed
18contractual engagement of services to, or obtain approval of any such engagement
19of services from, the department of administration before engaging any services
20under this subsection and the department of administration has no oversight
21authority over any such engagement of services under this subsection.
22Notwithstanding s. 16.705 (2), the department of transportation, rather than the
23department of administration, shall, before engaging any services under this
24subsection, satisfy itself that the justification for engaging such services conforms to
25the requirements of ss. 16.705, 16.752, 16.753, and 16.754, and the written

1justification required under s. 16.705 (2) shall be submitted to the department of
2transportation rather than the department of administration
.
AB792-ASA2, s. 28 3Section 28. 84.01 (13m) of the statutes is created to read:
AB792-ASA2,25,134 84.01 (13m) Contractual engagements of services reporting. On or before
5October 15 of each year, the department shall submit to the governor, the joint
6committee on finance, the joint legislative audit committee, and the chief clerk of
7each house of the legislature for distribution to the appropriate standing committees
8under s. 13.172 (3) a report concerning the number, value, and nature of contractual
9engagements of services authorized under sub. (13) during the preceding fiscal year.
10To the extent possible, the report required under this subsection may be combined
11with the report required under s. 16.705 (8). The report shall also include, with
12respect to contractual engagements of services for the preceding fiscal year, all of the
13following:
AB792-ASA2,25,1514 (a) A summary of the cost-benefit analyses completed in compliance with rules
15promulgated by the department.
AB792-ASA2,25,1816 (b) Recommendations for elimination of unneeded contractual engagements of
17services and for consolidation or resolicitation of existing contractual engagements
18of services.
AB792-ASA2, s. 29 19Section 29. 84.01 (31) of the statutes is amended to read:
AB792-ASA2,26,620 84.01 (31) Accommodation of utility facilities within highway rights-of-way.
21Notwithstanding ss. 84.06 (4), 84.063, 84.065, and 84.093, the department may, upon
22finding that it is feasible and advantageous to the state, negotiate and enter into an
23agreement to accept any plant or equipment used for the conveyance, by wire, optics,
24radio signal, or other means, of voice, data, or other information at any frequency
25over any part of the electromagnetic spectrum, or to accept any services associated

1with the collection, storage, forwarding, switching, and delivery incidental to such
2communication, as payment for the accommodation of a utility facility, as defined in
3s. 84.063 (1) (b), within a highway right-of-way. Any agreement under this
4subsection is exempt from ss. 16.70 to 16.75, 16.755 to 16.82, and 16.85 to 16.89, but
5ss. 16.528, 16.752, and 16.754 apply to such agreement. Section 20.932 does not
6apply to any agreement under this subsection.
AB792-ASA2, s. 30 7Section 30. 84.06 (2) (a) of the statutes is amended to read:
AB792-ASA2,27,28 84.06 (2) (a) All such highway improvements shall be executed by contract
9based on bids unless the department finds that another method as provided in sub.
10(3) or (4) would be more feasible and advantageous. Bids shall be advertised for in
11the manner determined by the department. Except as provided in s. 84.075, the
12contract shall be awarded to the lowest competent and responsible bidder as
13determined by the department. If the bid of the lowest competent bidder is
14determined by the department to be in excess of the estimated reasonable value of
15the work or not in the public interest, all bids may be rejected. The department shall,
16so far as reasonable, follow uniform methods of advertising for bids and may
17prescribe and require uniform forms of bids and contracts. Except as provided in par.
18(b), the secretary shall enter into the contract on behalf of the state. Every such
19contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.82, 16.87 and 16.89, but
20ss. 16.528, 16.752, 16.753, and 16.754 apply to the contract. Section 20.932 does not
21apply to the contract.
Any such contract involving an expenditure of $1,000 or more
22shall not be valid until approved by the governor. The secretary may require the
23attorney general to examine any contract and any bond submitted in connection with
24the contract and report on its sufficiency of form and execution. The bond required
25by s. 779.14 (1m) is exempt from approval by the governor and shall be subject to

1approval by the secretary. This subsection also applies to contracts with private
2contractors based on bids for maintenance under s. 84.07.
AB792-ASA2, s. 31 3Section 31. 84.06 (3) of the statutes is amended to read:
AB792-ASA2,27,214 84.06 (3) Contracts with county or municipality; direct labor; materials. If
5the department finds that it would be more feasible and advantageous to have the
6improvement performed by the county in which the proposed improvement is located
7and without bids, the department may, by arrangement with the county highway
8committee of the county, enter into a contract satisfactory to the department to have
9the work done by the county forces and equipment. In such contract the department
10may authorize the county to purchase, deliver, and store materials and may fix the
11rental rates of small tools and equipment. The contract shall be between the county
12and the state and shall not be based on bids, and may be entered into on behalf of the
13county by the county highway committee and on behalf of the state by the secretary.
14Section 20.932 does not apply to the contract. Such contract is exempted from s.
15779.14 and from all provisions of chs. 16 and 230, except ss. 16.753 and 16.754. If
16the total estimated indebtedness to be incurred exceeds $5,000 the contract shall not
17be valid until approved by the governor. The provisions of this subsection relating
18to agreements between a county and the state shall also authorize and apply to such
19arrangements between a city, town, or a village and the state. In such cases, the
20governing body of the city, town, or village shall enter into the agreement on behalf
21of the municipality.
AB792-ASA2, s. 32 22Section 32. 84.06 (4) of the statutes is amended to read:
AB792-ASA2,28,1623 84.06 (4) Special contracts with railroads and utilities. If an improvement
24undertaken by the department will cross or affect the property or facilities of a
25railroad or public utility company, the department may, upon finding that it is

1feasible and advantageous to the state, arrange to perform portions of the
2improvement work affecting such facilities or property or perform work of altering,
3rearranging, or relocating such facilities by contract with the railroad or public
4utility. Such contract shall be between the railroad company or public utility and the
5state and need not be based on bids. The contract may be entered into on behalf of
6the state by the secretary. Section 20.932 does not apply to the contract. Every such
7contract is exempted from s. 779.14 and from all provisions of chs. 16 and 230, except
8ss. 16.528, 16.752, 16.753, and 16.754. No such contract in which the total estimated
9debt to be incurred exceeds $5,000 shall be valid until approved by the governor. As
10used in this subsection, "public utility" means the same as in s. 196.01 (5), and
11includes a telecommunications carrier as defined in s. 196.01 (8m), and "railroad"
12means the same as in s. 195.02. "Property" as used in this subsection includes but
13is not limited to tracks, trestles, signals, grade crossings, rights-of-way, stations,
14pole lines, plants, substations, and other facilities. Nothing in this subsection shall
15be construed to relieve any railroad or public utility from any financial obligation,
16expense, duty, or responsibility otherwise provided by law relative to such property.
AB792-ASA2, s. 33 17Section 33. 85.015 of the statutes is amended to read:
AB792-ASA2,28,23 1885.015 Transportation assistance contracts. All contracts entered into
19under this chapter to provide financial assistance in the areas of railroads, urban
20mass transit, specialized transportation, and harbors are subject to ss. 16.528,
2116.752, and 16.753 but are exempt from ss. 16.70 to 16.75, 16.755 to 16.82, 16.85 to
2216.87, and 16.875 to 16.89. Section 20.932 does not apply to contracts specified in
23this section.
AB792-ASA2, s. 34 24Section 34. 85.65 of the statutes is created to read:
AB792-ASA2,29,7
185.65 Workload outsourcing rules. The department shall promulgate rules
2establishing a methodology to determine the percentage of work for which the
3department has responsibility that the department may outsource to persons not
4employed by the department. The rules shall set forth a process by which the
5department could attain staffing levels sufficiently proficient to ensure that not more
6than 50 percent of work for which the department has responsibility is outsourced
7to persons not employed by the department.
AB792-ASA2, s. 35 8Section 35. 102.81 (2) of the statutes is amended to read:
AB792-ASA2,29,219 102.81 (2) The department may retain an insurance carrier or insurance
10service organization to process, investigate and pay claims under this section and
11may obtain excess or stop-loss reinsurance with an insurance carrier authorized to
12do business in this state in an amount that the secretary determines is necessary for
13the sound operation of the uninsured employers fund. In cases involving disputed
14claims, the department may retain an attorney to represent the interests of the
15uninsured employers fund and to make appearances on behalf of the uninsured
16employers fund in proceedings under ss. 102.16 to 102.29. Section 20.930 and all
17provisions of subch. IV of ch. 16, except s. ss. 16.753 and 16.771, do not apply to an
18attorney hired under this subsection. The charges for the services retained under
19this subsection shall be paid from the appropriation under s. 20.445 (1) (rp). The cost
20of any reinsurance obtained under this subsection shall be paid from the
21appropriation under s. 20.445 (1) (sm).
AB792-ASA2, s. 36 22Section 36. 103.50 (2) of the statutes is amended to read:
AB792-ASA2,30,823 103.50 (2) Prevailing wage rates and hours of labor. No person performing
24the work described in sub. (2m) in the employ of a contractor, subcontractor, agent
25or other person performing any work on a project under a contract based on bids as

1provided in s. 84.06 (2) or (3) to which the state is a party for the construction or
2improvement of any highway may be permitted to work a greater number of hours
3per day or per week than the prevailing hours of labor; nor may he or she be paid a
4lesser rate of wages than the prevailing wage rate in the area in which the work is
5to be done determined under sub. (3); except that any such person may be permitted
6or required to work more than such prevailing hours of labor per day and per week
7if he or she is paid for all hours worked in excess of the prevailing hours of labor at
8a rate of at least 1.5 times his or her hourly basic rate of pay.
AB792-ASA2, s. 37 9Section 37. 165.08 of the statutes is amended to read:
AB792-ASA2,30,18 10165.08 Power to compromise. Any civil action prosecuted by the
11department by direction of any officer, department, board or commission, shall be
12compromised or discontinued when so directed by such officer, department, board or
13commission. Except as provided in s. ss. 20.931 (7) (b) and 20.932 (7) (b), any civil
14action prosecuted by the department on the initiative of the attorney general, or at
15the request of any individual may be compromised or discontinued with the approval
16of the governor. In any criminal action prosecuted by the attorney general, the
17department shall have the same powers with reference to such action as are vested
18in district attorneys.
AB792-ASA2, s. 38 19Section 38. 165.25 (11) of the statutes is amended to read:
AB792-ASA2,30,2320 165.25 (11) False claims. Diligently investigate possible violations of s. 20.931
21or 20.932, and, if the department determines that a person has committed an act that
22is punishable under s. 20.931 or 20.932, whichever is being investigated, may bring
23a civil action against that person.
AB792-ASA2, s. 39 24Section 39. 221.0903 (4) (b) of the statutes is amended to read:
AB792-ASA2,31,7
1221.0903 (4) (b) Contracts for examination services. The division may enter
2into contracts with any bank supervisory agency with concurrent jurisdiction over
3a state bank or an in-state branch of an out-of-state state bank to engage the
4services of the agency's examiners at a reasonable rate of compensation, or to provide
5the services of the division's examiners to the agency at a reasonable rate of
6compensation. Contracts entered into under this paragraph are exempt from ss.
716.70 to 16.752, 16.754 to 16.76, and 16.767 to 16.77, and 16.78 to 16.82.
AB792-ASA2, s. 40 8Section 40. 801.02 (1) of the statutes is amended to read:
AB792-ASA2,31,139 801.02 (1) Except as provided in s. ss. 20.931 (5) (b) and 20.932 (5) (b), a civil
10action in which a personal judgment is sought is commenced as to any defendant
11when a summons and a complaint naming the person as defendant are filed with the
12court, provided service of an authenticated copy of the summons and of the complaint
13is made upon the defendant under this chapter within 90 days after filing.
AB792-ASA2, s. 41 14Section 41. 803.09 (1) and (2) of the statutes are amended to read:
AB792-ASA2,31,2015 803.09 (1) Except as provided in s. ss. 20.931 and 20.932, upon timely motion
16anyone shall be permitted to intervene in an action when the movant claims an
17interest relating to the property or transaction which is the subject of the action and
18the movant is so situated that the disposition of the action may as a practical matter
19impair or impede the movant's ability to protect that interest, unless the movant's
20interest is adequately represented by existing parties.
AB792-ASA2,32,5 21(2) Except as provided in s. ss. 20.931 and 20.932, upon timely motion anyone
22may be permitted to intervene in an action when a movant's claim or defense and the
23main action have a question of law or fact in common. When a party to an action
24relies for ground of claim or defense upon any statute or executive order or rule
25administered by a federal or state governmental officer or agency or upon any

1regulation, order, rule, requirement or agreement issued or made pursuant to the
2statute or executive order, the officer or agency upon timely motion may be permitted
3to intervene in the action. In exercising its discretion the court shall consider
4whether the intervention will unduly delay or prejudice the adjudication of the rights
5of the original parties.
AB792-ASA2, s. 42 6Section 42. 804.01 (2) (intro.) of the statutes is amended to read:
AB792-ASA2,32,97 804.01 (2) Scope of discovery. (intro.) Except as provided in s. ss. 20.931 (9)
8and 20.932 (9), and unless otherwise limited by order of the court in accordance with
9the provisions of this chapter, the scope of discovery is as follows:
AB792-ASA2, s. 43 10Section 43. 805.04 (2m) of the statutes is amended to read:
AB792-ASA2,32,1411 805.04 (2m) False claims. An action filed under s. 20.931 or 20.932 may be
12dismissed only by order of the court. In determining whether to dismiss the action
13filed under s. 20.931 or 20.932, the court shall take into account the best interests
14of the parties and the purposes of s. 20.931 or 20.932, whichever is appropriate.
AB792-ASA2, s. 44 15Section 44. 893.981 of the statutes is amended to read:
AB792-ASA2,32,18 16893.981 False claims. An action or claim under s. 20.931 or 20.932 shall be
17commenced within 10 years after the cause of the action or claim accrues or be
18barred.
AB792-ASA2, s. 45 19Section 45. Nonstatutory provisions.
AB792-ASA2,32,2320 (1) Report on local road projects. No later than the first day of the 7th month
21beginning after the effective date of this subsection, the department of
22transportation shall submit a report to the joint committee on finance that contains
23all of the following:
AB792-ASA2,33,3
1(a) Recommendations on actions that the department and local governments
2can take to improve the efficiency, cost-effectiveness, and timeliness of local road
3construction projects.
AB792-ASA2,33,54 (b) Any proposed legislative changes that the legislature can consider that may
5help to implement the recommendations under paragraph (a ).
AB792-ASA2,33,156 (2) Report on workload outsourcing. No later than February 1, 2011, the
7department of transportation shall submit to the legislature under section 13.172 (2)
8of the statutes a report on the work for which the department of transportation has
9responsibility and that the department of transportation has, during the previous 3
10fiscal years, outsourced to persons not employed by the department of
11transportation. The report shall include any outsourced projects for which the
12department of transportation has encumbered, expended, or otherwise committed
13any funding. In this report, the department of transportation shall also denote work
14that was committed from funding provided under the American Recovery and
15Reinvestment Act of 2009.
AB792-ASA2,33,2116 (3) Rulemaking on workload outsourcing. The department of transportation
17shall begin promulgating the rules required under section 85.65 of the statutes, as
18created by this act, no later than February 1, 2011, and shall submit in proposed form
19the rules required under section 85.65 of the statutes, as created by this act, to the
20legislative council staff under section 227.15 (1) of the statutes no later than
21February 1, 2012.
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