| 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, it becomes automatically sealed, and a |
| 80 | copy of the complaint and written disclosure of substantially |
| 81 | all material evidence and information the person possesses shall |
| 82 | be served on the Attorney General, as head of the department, |
| 83 | and on the Chief Financial Officer, as head of the Department of |
| 84 | Financial Services, by registered mail, return receipt |
| 85 | requested. The department, or the Department of Financial |
| 86 | Services under the circumstances specified in subsection (4), |
| 87 | may elect to intervene and proceed with the action, on behalf of |
| 88 | the state, within 60 90 days after it receives both the |
| 89 | complaint and the material evidence and 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. |