Florida False Claims Act
A person may bring a civil action for a violation of the Florida FCA for the person and for the affected agency. In the event of a successful action, the whistleblower is entitled to 15% - 30% of the proceeds of the action or settlement of the claim, in addition to an amount for reasonable expenses, attorney fees, and costs of the case.
The Florida FCA also protects whistleblowers against retaliation for engaging in protected activity.
Under the Florida False Claims Act—Florida Statutes, Title VI, Chapter 68, Sections 68.081-68.092—any person who:
- a) Knowingly presents or causes to be presented a false or fraudulent claim for payment or approval;
- b) Knowingly makes, uses, or causes to be made or used a false record or statement material to a false or fraudulent claim;
- c) Conspires to commit a violation of this subsection;
- d) Has possession, custody, or control of property or money used or to be used by the state and knowingly delivers or causes to be delivered less than all of that money or property;
- e) Is authorized to make or deliver a document certifying receipt of property used or to be used by the state and, intending to defraud the state, makes or delivers the receipt without knowing that the information on the receipt is true;
- f) Knowingly buys or receives, as a pledge of an obligation or a debt, public property from an officer or employee of the state who may not sell or pledge the property; or
- g) Knowingly makes, uses, or causes to be made or used a false record or statement material to an obligation to pay or transmit money or property to the state, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the state
is liable to the state for a civil penalty of not less than $5,500 and not more than $11,000 and for treble the amount of damages the state sustains because of the act of that person.