Hope Florida Foundation Case, Florida Appeals Court Expunges Grand Jury Report on the $10 Million Centene Settlement Money, What the Ruling Means

On October 7, 2026, Florida’s First District Court of Appeal ordered a Leon County grand jury report about the Hope Florida Foundation expunged in its entirety. The 19-page opinion was written by Judge Lance Neff. It was marked corrected on October 8, 2026.

The report concerned $10 million that health care company Centene paid to the Hope Florida Foundation as part of a Medicaid settlement with the State of Florida. The grand jury said that money was “misappropriated.” The grand jury also said it lacked enough evidence to indict anyone.

The appeals court rejected that approach on two fronts. It held the grand jury went beyond its authority by accusing people of a “sophisticated scheme” without bringing charges. And according to press accounts of the majority opinion, it found the $10 million was paid to the foundation, not to the state, and that the laws the grand jury relied on did not prohibit that payment.

This is not a consumer case. No class action, claim form, settlement administrator or payout to Florida residents exists. Expunging the report also does not answer every political, policy or tax-law question about where the money went afterward.

Hope Florida Foundation Grand Jury Ruling: Quick Facts

Detail	What is verified
Case name	In re: Leon County Grand Jury Presentment, Fall of 2025
Court	Florida First District Court of Appeal
Appeal case number	2026-2435 (related proceeding: 2026-2369)
Decision date	October 7, 2026 (corrected October 8, 2026)
Author of the opinion	Judge Lance Neff
Panel result	All three judges agreed the report should be expunged; Judge Bilbrey agreed on that result without reaching the substance of the presentment, per press reports
Company in the original settlement	Centene
Settlement structure	About $67 million total: $57 million to the State of Florida and $10 million to the Hope Florida Foundation
Foundation transfers	$5 million each to Secure Florida’s Future and Save Our Society From Drugs
Final recipient	Keep Florida Clean, a political committee that opposed Amendment 3 (2024 recreational marijuana measure), headed by James Uthmeier
Grand jury outcome	Presentment issued; no indictment
Circuit court action before appeal	Roughly 112 of the report’s 116 pages had already been expunged
Criminal charges from the transfers	None publicly announced as of October 12, 2026
Consumer claim form or payout	None

What Is the Hope Florida Foundation Case About?

Hope Florida is a state initiative, championed by First Lady Casey DeSantis, that connects people in need with churches, charities and community resources. The Hope Florida Foundation is a separate nonprofit tied to that initiative.

The dispute began with Florida’s Medicaid program. The Agency for Health Care Administration (AHCA) and Centene resolved allegations of Medicaid overbilling. The agreement sent $57 million to the state and $10 million directly to the foundation. Because the settlement was reached before any lawsuit was filed, no court case was involved.

The foundation then granted $5 million to each of two nonprofits, Secure Florida’s Future and Save Our Society From Drugs. Those groups moved the money to Keep Florida Clean, which opposed Amendment 3 in 2024. The measure did not reach the 60% voter approval needed to pass.

A Florida House inquiry in 2025, led by Rep. Alex Andrade, examined the foundation’s approval process. That work fed into a Leon County grand jury investigation, which produced the presentment at the center of this ruling.

How the $10 Million Moved

Stage	Amount	What happened
Centene Medicaid settlement	About $67 million	Resolved Florida’s overbilling allegations
Payment to the State of Florida	$57 million	Paid to the state
Payment to Hope Florida Foundation	$10 million	Paid directly to the foundation
Grant to Secure Florida’s Future	$5 million	First foundation transfer
Grant to Save Our Society From Drugs	$5 million	Second foundation transfer
Transfer to Keep Florida Clean	About $10 million combined	Political committee that opposed Amendment 3

These figures describe the reported money trail. They are not a court finding that any recipient broke a law.

What Did the First District Court of Appeal Decide?

Based on the court’s opinion as described in the official archive and in reporting by WGCU, WLRN, the Florida Phoenix and others, the majority reached these conclusions:

1. The entire presentment must be expunged. All three judges agreed on expungement.
2. The grand jury exceeded its authority. The court said that when a grand jury believes the evidence shows criminal wrongdoing, the law requires an indictment. Naming and condemning individuals without one went beyond its role.
3. The $10 million was never state money. Because Centene paid it directly to the foundation, it was not public money that entered the treasury and was then “diverted.”
4. The cited laws did not apply as the grand jury used them. One restriction on third-party payments covers settlements reached through court proceedings. Florida and Centene settled before a lawsuit was filed.
5. The grand jury’s $800,000 recovery figure was flawed. The presentment claimed Florida failed to recover $800,000 from Centene, and the court found a problem with that math.
6. The report was improperly disclosed. The State Attorney’s office sent the confidential report in “two mass emails” before the people named had the statutory chance to challenge it, according to the opinion as reported.

Judge Bilbrey, in a separate view, agreed the report should be expunged but did not reach the substance of the presentment. That means the findings about the lawfulness of the payment come from the majority, not a unanimous panel.

What the ruling does not decide

The ruling does not say every later decision about the money was wise, that the foundation’s approval process was strong, or that the political spending raises no tax or disclosure questions. It also does not stop legislators, regulators or voters from judging the arrangement on policy grounds.

What Is Florida Statutes § 905.28, and Why Did It Matter?

Section 905.28, Florida Statutes, covers a grand jury report (a “presentment”) that concerns a person and is not accompanied by an indictment. Under the statute:

• The report stays confidential until the person concerned receives a copy.
• The person then has 15 days to ask the circuit court to repress or expunge the report, or any improper or unlawful part.
• Public release is stayed while that request is pending.

The statute exists because a grand jury report can describe alleged misconduct without any criminal charge, trial or chance to respond. In the Hope Florida matter, the report was published by CBS Miami in August 2026 after it leaked. The court’s disapproval of how it was handled is why the statute is central here.

Official text: Florida Statutes § 905.28: Publication of report or presentment; motion to repress

Which Other Laws Matter in the Hope Florida Foundation Case?

Law	What it covers	Why it matters here
Fla. Stat. § 905.28	Publication and expungement of grand jury reports with no indictment	The core law on the report’s confidentiality and the 15-day challenge right
Fla. Stat. § 905.27	Restricts disclosure of grand jury testimony and evidence; unlawful disclosure can be a first-degree misdemeanor	Governor DeSantis called for the leaker to be prosecuted, and Uthmeier said an investigation into the leak is underway
Fla. Stat. ch. 409, including § 409.913	Florida’s Medicaid program and its integrity and overpayment recovery rules	The legal setting for AHCA’s overbilling claim against Centene
Florida laws on settlement payments by state agencies	Limits on directing agency settlement money to third parties, applied by the grand jury to court settlements	The majority held the restriction did not apply because Florida and Centene settled before a civil action was filed
Medicaid Act, 42 U.S.C. § 1396 et seq.	Federal-state Medicaid framework, including federal sharing of program costs	Context for why Medicaid settlement dollars draw scrutiny
26 U.S.C. § 501(c)(3)	Federal tax exemption for charities; bars participation in political campaigns	Standard rule for any charitable nonprofit’s political activity; no court has found a violation here
Fla. Stat. ch. 119 (Public Records Act)	Public access to government records	The route for requesting settlement and agency documents

No court or agency finding in the sources reviewed says any tax-law violation occurred.

Were Any Officials Criminally Charged?

No. The grand jury returned no indictment, and no criminal charge from these transfers has been publicly announced as of October 12, 2026.

Stage	Meaning
Investigation	Authorities examine possible wrongdoing
Presentment	A grand jury report, which can criticize conduct without charging anyone
Indictment	A formal criminal charge
Conviction	A finding or plea of guilt

The expungement order is not an acquittal, but it is also not a conviction or a new charge.

What Have Political Leaders Said About the Ruling?

Governor Ron DeSantis called the decision the biggest “judicial smackdown” of his career, and aides described the case as a “hoax.” He also demanded prosecution of whoever leaked the report. Florida Democratic Party Chair Nikki Fried said the ruling does not change what happened in the Hope Florida probe, and noted that Judge Neff was appointed to the court by DeSantis in March 2026. These are political statements. They should be read next to the court opinion itself, not in place of it.

Can Florida Residents Claim Money From This Case?

No. This is not a class action or a consumer settlement. There is no verified:

• Claims administrator
• Claim form for Florida residents
• Filing deadline
• Per-person payment
• Court-approved distribution to taxpayers

Anyone offering a “Hope Florida payout” should be treated as a possible scam.

What Happens Next?

The immediate legal result is the expungement order. Developments to watch:

• Whether the State Attorney’s office or others seek further review of the opinion
• The reported investigation into who leaked the presentment
• Whether any separate investigation or enforcement action is formally announced
• Whether the Legislature changes rules on pre-suit settlements, nonprofit transfers or settlement-fund notification

These are items to monitor, not predictions.

For another Florida government enforcement matter, see Florida AG Sues Pfizer Over COVID Vaccine Safety Claims, State Seeks $10,000 Per Violation and Return of Profits. That case is separate and unrelated to Hope Florida.

Hope Florida Foundation Case: Key Dates

Date	Event
2023	Hope Florida Foundation, Inc. incorporated as a Florida nonprofit
2024	Centene settlement; $10 million reaches the foundation; transfers to Keep Florida Clean; Amendment 3 fails to reach 60%
Spring 2025	Florida House holds hearings on the foundation
January 2026	Grand jury presentment finalized and filed under seal
March 2026	Judge Lance Neff appointed to the First District Court of Appeal
August 2026	Report obtained and published by CBS Miami
October 7, 2026	First DCA orders the report expunged in its entirety
October 8, 2026	Opinion marked corrected; DeSantis holds news conference on the ruling
October 12, 2026	No new criminal charges or consumer claim process announced

Frequently Asked Questions About the Hope Florida Foundation Grand Jury Case

Why did Florida’s appeals court expunge the Hope Florida grand jury report?

The court found the grand jury exceeded its authority by condemning people without indicting them, and that the report was handled in a way that did not respect § 905.28’s confidentiality and 15-day process.

Did the court say the $10 million Centene payment was legal?

According to press reports of the majority opinion, the court found the $10 million was paid directly to the foundation, was never state money, and was not barred by the laws the grand jury cited. Judge Bilbrey did not reach those substantive points.

Was anyone criminally charged?

No. The grand jury found insufficient evidence to charge anyone, and no criminal charge from the transfers has been announced.

What is the Hope Florida appeal case number?

Case No. 2026-2435, with a related proceeding under No. 2026-2369.

Is this a class action?

No. There is no class, settlement fund or claim process.

Who is James Uthmeier in this case?

He headed the Keep Florida Clean political committee that received the money. He has denied wrongdoing.

Does the ruling end all scrutiny of Hope Florida?

No. It resolves the status of the grand jury report. Policy, oversight and tax questions remain for lawmakers, regulators and voters.

Where can I read the official opinion?

The First District Court of Appeal’s opinions archive lists it under Case No. 2026-2435.

Sources and Verification Notes

1. Florida First District Court of Appeal, In re: Leon County Grand Jury Presentment, Fall of 2025, Case Nos. 2026-2435 and 2026-2369, October 7, 2026 (corrected October 8, 2026): https://1dca.flcourts.gov/Opinions/Opinions-Archive?searchtype=opinions
2. Florida Legislature, Florida Statutes § 905.28: https://leg.state.fl.us/statutes/index.cfm/App_mode=Display_Statute&URL=0900-0999/0905/Sections/0905.28.html
3. WGCU News, “State appeals court expunges Hope Florida grand jury report,” October 7, 2026: https://www.wgcu.org/government-politics/2026-10-07/state-appeals-court-expunges-hope-florida-grand-jury-report
4. WUSF, “Appeals court expunges Hope Florida grand jury report,” October 8, 2026: https://www.wusf.org/politics-issues/2026-10-08/appeals-court-expunges-hope-florida-grand-jury-report
5. Florida Phoenix, “DeSantis revels in ‘the biggest judicial smackdown that I have ever seen,'” October 8, 2026: https://floridaphoenix.com/2026/10/08/desantis-revels-in-the-biggest-judicial-smackdown-that-i-have-ever-seen/
6. WLRN, “‘Kangaroo court is over’: DeSantis triumphant after Hope Florida grand jury report expunged,” October 8, 2026: https://www.wlrn.org/government-politics/2026-10-08/kangaroo-court-is-over-desantis-triumphant-after-hope-florida-grand-jury-report-expunged
7. Florida Department of State, Division of Corporations, The Hope Florida Foundation, Inc. entity record (Sunbiz).

Verification note: The case name, case numbers and decision dates come from the official appellate archive. The court’s reasoning is described from published reporting on the opinion, and the full grand jury report was not independently verified as an official court document. No criminal charge, consumer settlement or claims program was verified as of October 12, 2026.

This article is general legal information, not legal advice.

Researched and written by Israr Ahmad, legal content researcher and founder of AllAboutLawyer.com. All facts verified against the First District Court of Appeal’s official opinion archive, the Florida Statutes, and published coverage of the ruling from WGCU, WUSF, WLRN and the Florida Phoenix, as of October 12, 2026. Last Updated: October 12, 2026.