1 | A bill to be entitled |
2 | An act relating to false claims; amending s. 68.081, F.S.; |
3 | providing that the purpose of the Florida False Claims Act |
4 | is to prevent the state from paying false and fraudulent |
5 | claims; amending s. 68.082, F.S.; redefining the term |
6 | "claim" to include claims filed electronically; providing |
7 | that a person is liable for a civil penalty if he or she |
8 | files a false or fraudulent claim; amending s. 68.083, |
9 | F.S.; reducing time limits for false claim proceedings; |
10 | amending s. 68.084, F.S.; revising the period in which a |
11 | stay to conduct discovery may be granted; amending s. |
12 | 68.085, F.S.; providing an award to the agency injured by |
13 | the false or fraudulent claim; amending s. 68.089, F.S.; |
14 | revising the time periods in which a civil action may be |
15 | filed under the False Claims Act; providing an effective |
16 | date. |
17 |
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18 | Be It Enacted by the Legislature of the State of Florida: |
19 |
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20 | Section 1. Subsection (2) of section 68.081, Florida |
21 | Statutes, 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 |
24 | deter persons from knowingly causing or assisting in causing |
25 | state government to pay claims that are false or fraudulent, and |
26 | to provide remedies for obtaining treble damages and civil |
27 | penalties for state government when money is obtained from state |
28 | government 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; |
32 | liability.-- |
33 | (1) As used in this section, the term: |
34 | (b) "Claim" includes any written or electronically |
35 | submitted request or demand, under a contract or otherwise, for |
36 | money, property, or services, which is made to any employee, |
37 | officer, or agent of an agency, or to any contractor, grantee, |
38 | or other recipient if the agency provides any portion of the |
39 | money or property requested or demanded, or if the agency will |
40 | reimburse the contractor, grantee, or other recipient for any |
41 | portion of the money or property requested or demanded. |
42 | (2) Any person who: |
43 | (a) Knowingly presents or causes to be presented to an |
44 | officer or employee of an agency a false or fraudulent claim for |
45 | payment or approval; |
46 | (b) Knowingly makes, uses, or causes to be made or used a |
47 | false record or statement to get a false or fraudulent claim |
48 | paid or approved by an agency; |
49 | (c) Conspires to submit a false or fraudulent claim to an |
50 | agency or to deceive an agency for the purpose of getting a |
51 | false or fraudulent claim allowed or paid; |
52 | (d) Has possession, custody, or control of property or |
53 | money used or to be used by an agency and, intending to deceive |
54 | the agency or knowingly conceal the property, delivers or causes |
55 | to be delivered less property than the amount for which the |
56 | person receives a certificate or receipt; |
57 | (e) Is authorized to make or deliver a document certifying |
58 | receipt of property used or to be used by an agency and, |
59 | intending to deceive the agency, makes or delivers the receipt |
60 | without knowing that the information on the receipt is true; |
61 | (f) Knowingly buys or receives, as a pledge of an |
62 | obligation or a debt, public property from an officer or |
63 | employee of an agency who may not sell or pledge the property |
64 | lawfully; or |
65 | (g) Knowingly makes, uses, or causes to be made or used a |
66 | false record or statement to conceal, avoid, or decrease an |
67 | obligation to pay or transmit money or property to an agency, |
68 |
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69 | is 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 |
71 | the amount of damages the agency sustains because of the act or |
72 | omission of that person. |
73 | Section 3. Subsections (3) and (6) of section 68.083, |
74 | Florida 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 |
77 | tam action and shall be filed in the circuit court of the Second |
78 | Judicial Circuit, in and for Leon County. Immediately upon the |
79 | filing of the complaint, a copy of the complaint and written |
80 | disclosure of substantially all material evidence and |
81 | information the person possesses shall be served on the Attorney |
82 | General, as head of the department, and on the Chief Financial |
83 | Officer, as head of the Department of Financial Services, by |
84 | registered mail, return receipt requested. The department, or |
85 | the Department of Financial Services under the circumstances |
86 | specified in subsection (4), may elect to intervene and proceed |
87 | with the action, on behalf of the state, within 60 90 days after |
88 | it receives both the complaint and the material evidence and |
89 | information. |
90 | (6) Before the expiration of the 60-day 90-day period or |
91 | any extensions obtained under subsection (5), the department |
92 | shall: |
93 | (a) Proceed with the action, in which case the action is |
94 | conducted by the department on behalf of the state; or |
95 | (b) Notify the court that it declines to take over the |
96 | action, in which case the person bringing the action has the |
97 | right to conduct the action. |
98 | Section 4. Subsection (4) of section 68.084, Florida |
99 | Statutes, is amended to read: |
100 | 68.084 Rights of the parties in civil actions.-- |
101 | (4) Whether or not the department proceeds with the |
102 | action, upon a showing by the department that certain actions of |
103 | discovery by the person initiating the action would interfere |
104 | with an investigation by state government or the prosecution of |
105 | a criminal or civil matter arising out of the same facts, the |
106 | court may stay such discovery for a period of not more than 60 |
107 | 90 days. Such a showing shall be conducted in camera. The court |
108 | may extend the 60-day 90-day period upon a further showing in |
109 | camera by the department that the criminal or civil |
110 | investigation or proceeding has been pursued with reasonable |
111 | diligence and any proposed discovery in the civil action will |
112 | interfere with an ongoing criminal or civil investigation or |
113 | proceeding. |
114 | Section 5. Subsection (4) of section 68.085, Florida |
115 | Statutes, is amended to read: |
116 | 68.085 Awards to plaintiffs bringing action.-- |
117 | (4) Following any distributions under subsection (1), |
118 | subsection (2), or subsection (3), the agency injured by the |
119 | submission of a false or fraudulent claim shall be awarded an |
120 | amount not to exceed its compensatory damages. Any remaining |
121 | proceeds, including civil penalties awarded under s. 68.082, |
122 | shall be deposited in the General Revenue Fund. |
123 | Section 6. Section 68.089, Florida Statutes, is amended to |
124 | read: |
125 | 68.089 Limitation of actions.--A civil action under this |
126 | act may not be brought: |
127 | (1) More than 6 5 years after the date on which the |
128 | violation of s. 68.082 is committed; or |
129 | (2) More than 3 2 years after the date when facts material |
130 | to the right of action are known or reasonably should have been |
131 | known by the state official charged with responsibility to act |
132 | in the circumstances, but in no event more than 10 7 years after |
133 | the date on which the violation is committed, whichever occurs |
134 | last. |
135 | Section 7. This act shall take effect July 1, 2007. |