CS/HB 1595

1
A bill to be entitled
2An act relating to false claims; amending s. 68.081, F.S.;
3providing that the purpose of the Florida False Claims Act
4is to prevent the state from paying false and fraudulent
5claims; amending s. 68.082, F.S.; redefining the term
6"claim" to include claims filed electronically; providing
7that a person is liable for a civil penalty if he or she
8files a false or fraudulent claim; amending s. 68.083,
9F.S.; reducing time limits for false claim proceedings;
10amending s. 68.084, F.S.; revising the period in which a
11stay to conduct discovery may be granted; amending s.
1268.085, F.S.; providing an award to the agency injured by
13the false or fraudulent claim; amending s. 68.089, F.S.;
14revising the time periods in which a civil action may be
15filed under the False Claims Act; providing an effective
16date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Subsection (2) of section 68.081, Florida
21Statutes, is amended to read:
22     68.081  Florida False Claims Act; short title; purpose.--
23     (2)  The purpose of the Florida False Claims Act is to
24deter persons from knowingly causing or assisting in causing
25state government to pay claims that are false or fraudulent, and
26to provide remedies for obtaining treble damages and civil
27penalties for state government when money is obtained from state
28government by reason of a false or fraudulent claim.
29     Section 2.  Paragraph (b) of subsection (1) and subsection
30(2) of section 68.082, Florida Statutes, are amended to read:
31     68.082  False claims against the state; definitions;
32liability.--
33     (1)  As used in this section, the term:
34     (b)  "Claim" includes any written or electronically
35submitted request or demand, under a contract or otherwise, for
36money, property, or services, which is made to any employee,
37officer, or agent of an agency, or to any contractor, grantee,
38or other recipient if the agency provides any portion of the
39money or property requested or demanded, or if the agency will
40reimburse the contractor, grantee, or other recipient for any
41portion of the money or property requested or demanded.
42     (2)  Any person who:
43     (a)  Knowingly presents or causes to be presented to an
44officer or employee of an agency a false or fraudulent claim for
45payment or approval;
46     (b)  Knowingly makes, uses, or causes to be made or used a
47false record or statement to get a false or fraudulent claim
48paid or approved by an agency;
49     (c)  Conspires to submit a false or fraudulent claim to an
50agency or to deceive an agency for the purpose of getting a
51false or fraudulent claim allowed or paid;
52     (d)  Has possession, custody, or control of property or
53money used or to be used by an agency and, intending to deceive
54the agency or knowingly conceal the property, delivers or causes
55to be delivered less property than the amount for which the
56person receives a certificate or receipt;
57     (e)  Is authorized to make or deliver a document certifying
58receipt of property used or to be used by an agency and,
59intending to deceive the agency, makes or delivers the receipt
60without knowing that the information on the receipt is true;
61     (f)  Knowingly buys or receives, as a pledge of an
62obligation or a debt, public property from an officer or
63employee of an agency who may not sell or pledge the property
64lawfully; or
65     (g)  Knowingly makes, uses, or causes to be made or used a
66false record or statement to conceal, avoid, or decrease an
67obligation to pay or transmit money or property to an agency,
68
69is liable to the state for a civil penalty of not less than
70$5,500 $5,000 and not more than $11,000 $10,000 and for treble
71the amount of damages the agency sustains because of the act or
72omission of that person.
73     Section 3.  Subsections (3) and (6) of section 68.083,
74Florida Statutes, are amended to read:
75     68.083  Civil actions for false claims.--
76     (3)  The complaint shall be identified on its face as a qui
77tam action and shall be filed in the circuit court of the Second
78Judicial Circuit, in and for Leon County. Immediately upon the
79filing of the complaint, a copy of the complaint and written
80disclosure of substantially all material evidence and
81information the person possesses shall be served on the Attorney
82General, as head of the department, and on the Chief Financial
83Officer, as head of the Department of Financial Services, by
84registered mail, return receipt requested. The department, or
85the Department of Financial Services under the circumstances
86specified in subsection (4), may elect to intervene and proceed
87with the action, on behalf of the state, within 60 90 days after
88it receives both the complaint and the material evidence and
89information.
90     (6)  Before the expiration of the 60-day 90-day period or
91any extensions obtained under subsection (5), the department
92shall:
93     (a)  Proceed with the action, in which case the action is
94conducted by the department on behalf of the state; or
95     (b)  Notify the court that it declines to take over the
96action, in which case the person bringing the action has the
97right to conduct the action.
98     Section 4.  Subsection (4) of section 68.084, Florida
99Statutes, is amended to read:
100     68.084  Rights of the parties in civil actions.--
101     (4)  Whether or not the department proceeds with the
102action, upon a showing by the department that certain actions of
103discovery by the person initiating the action would interfere
104with an investigation by state government or the prosecution of
105a criminal or civil matter arising out of the same facts, the
106court may stay such discovery for a period of not more than 60
10790 days. Such a showing shall be conducted in camera. The court
108may extend the 60-day 90-day period upon a further showing in
109camera by the department that the criminal or civil
110investigation or proceeding has been pursued with reasonable
111diligence and any proposed discovery in the civil action will
112interfere with an ongoing criminal or civil investigation or
113proceeding.
114     Section 5.  Subsection (4) of section 68.085, Florida
115Statutes, is amended to read:
116     68.085  Awards to plaintiffs bringing action.--
117     (4)  Following any distributions under subsection (1),
118subsection (2), or subsection (3), the agency injured by the
119submission of a false or fraudulent claim shall be awarded an
120amount not to exceed its compensatory damages. Any remaining
121proceeds, including civil penalties awarded under s. 68.082,
122shall be deposited in the General Revenue Fund.
123     Section 6.  Section 68.089, Florida Statutes, is amended to
124read:
125     68.089  Limitation of actions.--A civil action under this
126act may not be brought:
127     (1)  More than 6 5 years after the date on which the
128violation of s. 68.082 is committed; or
129     (2)  More than 3 2 years after the date when facts material
130to the right of action are known or reasonably should have been
131known by the state official charged with responsibility to act
132in the circumstances, but in no event more than 10 7 years after
133the date on which the violation is committed, whichever occurs
134last.
135     Section 7.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.