Florida False Claims Act Whistleblower Provision (Information and Rewards)
(The Secret Weapon Used To Fight Waste, Abuse and Fraud Against The State of Florida)
The Florida False Claims Act (FFCA) lets a private citizen sue, on behalf of the state or a local government, anyone who defrauds Florida out of public money, and rewards that whistleblower with 15 to 30 percent of what the state recovers. It mirrors the federal law closely but adds an innocent-mistake defense, lets cooperating defendants cut damages from treble to double, and, unlike the federal FCA, allows claims based on fraudulent state tax returns. Call (888) 713-6653 for a free, confidential review.
Success of the Federal False Claims Act (FCA) has pushed States to adopt their own versions. Florida is one of those States.
The Florida False Claims Act (FFCA) empowers whistleblowers to file lawsuits against wrongdoers on behalf of State or local governments. The FCA in Florida covers a wide range industries and services, including healthcare. Before coming forward with a qui tam legal action on behalf of the State of Florida it is important understand the Federal FCA, Florida’s differences, the benefits and protections provided to persons whistleblowing and how the Florida False Claims Act works.
"More than $78 billion has been recovered under the False Claims Act since the 1986 amendments, including over $2.9 billion in fiscal year 2024 alone."
Have Knowledge of Fraud?
Keep reading to learn how whistleblowers are rewarded to help fight fraud against the government.
Understanding the Federal False Claims Act (Quick Review)
Florida’s False Claim Act is very similar to the Federal version of the law. The following is a quick review of the Federal FCA to summarize what you need to know before looking at the differences. (Go here to read our everything you need to know guide to the Federal False Claims Act)
- The Federal False Claims Act provides comprehensive protection and rewards for relators (a.k.a. Whistleblowers).
- Federal FCA has a qui-tam section allowing whistleblowers to bring lawsuits against persons or entities knowingly defrauding the Government.
- Penalties for defendants are trebled (3 times) the amount of damages to the Government. Federal civil penalties run from $14,308 to $28,619 per claim, an amount the Department of Justice adjusts for inflation each year.
- Plaintiffs who file a lawsuit properly and first can expect 15%-30% of the recovered funds.
The success of the Federal False Claims Act lead the State of Florida to enacted its own version in 1994. While similar, there are some key differences between the Federal and State versions of the important whistleblower law..
Florida’s False Claim Act vs. Federal FCA (3 KEY Differences)
If you are wondering what is different about the False Claims Act in Florida, it can be summarized in three main points of difference. The differences below detail how Florida's law provides for both plaintiffs and defendants. If you are a whistleblower with knowledge of fraud, your Florida False Claims Act attorney will be able to explain how the details of your case may be impacted by Federal or FCA Florida.
Innocent Mistakes Provision
The Florida statute has an “innocent mistake” provision.
- This is an allowable defense against a plaintiff’s lawsuit in the State of Florida. Defendants can argue that they made mistake which caused damage to the State. If proven they will not face the penalties imposed by Florida’s FCA. (68.083 & 68.084)
- They must be found to have “unknowingly” made the mistake. “Deliberate ignorance” of a mistake is not an innocent mistake.
Reduction of Damages Provision
Damages for guilty parties can be reduced from treble to double. The court can reduce the damages if they find the defendant did one of the following voluntarily:
- The person turns over everything they know about the violation within 30 days.
- The person fully cooperates with the official investigation into the violation.
- The person responsible turns over all information about the violation before any prosecution or action is brought and has no knowledge of the existence of an investigation into their wrongdoing.
Fraudulent Corporate Tax Returns Provision
Florida’s FCA does not bar claims to be filed based on fraudulent tax returns. Relators (whistleblowers) can use this to report on corporate tax fraud perpetrated against the State of Florida.
- The Federal FCA has a tax bar (31 U.S.C. 3729(d)) that excludes claims arising under the Internal Revenue Code; federal tax fraud is handled through the separate IRS whistleblower program.
- Four other States do not “bar action” under fraudulent tax returns. Delaware, Nevada, New Hampshire & New Jersey.
- In 2010 New York became the first state to specifically authorize action under its FCA statute against fraudulent tax returns.
The three key differences of Florida’s FCA are that it provides additional defense for the accused, lowers penalties on offenders who cooperate with the State and empowers whistleblowers to inform on corporate tax fraud.
Florida FFCA vs. Federal FCA at a Glance
| Florida (FFCA) | Federal FCA | |
|---|---|---|
| Scope | Fraud against Florida state or local government | Fraud against any federal program |
| Innocent-mistake defense | Yes | No |
| Cooperation credit | Treble damages can drop to double for prompt cooperation | Treble can drop to double under similar conditions |
| Tax-fraud claims | Allowed | Barred (handled by the IRS whistleblower program) |
| Who can file | Almost anyone, except current state employees using on-the-job information | Almost anyone with original knowledge |
| Court and deadline | Leon County, Second Judicial Circuit; 6/3/10-year rule | Federal court; 6/3/10-year rule |
Florida is one of more than 30 states (plus the District of Columbia) with its own False Claims Act. See also the Texas Medicaid Fraud Prevention Act.
Benefits for Florida’s Whistleblowers (Rewards)
When Florida enacted its own FCA in 1994 it modeled the rewards for whistleblowers exactly the same as the Federal False Claims Act. Successful whistleblowers are awarded 15%-30% of the State’s recovered funds. Whistleblower protections are also provided under Florida’s Whistleblower Protection Act.
Two Types of Rewards
- All Florida FCA qui tam actions are filed on behalf of the State. The State of Florida will review the case. If they decide to intervene plaintiff will receive 15%-25% of any State funds recovered.
- If the State decide not to intervene on the plaintiff behalf then the award for winning the case is 25%-30% of any State funds recovered.
- In either situation the plaintiff will also be entitled to reimbursement for reasonable expenses and attorney’s fees. These fees will be paid by the defendant.
Employee Whistleblowers
- Employees are in the best position to report wrongdoing. They are also in danger of employer retaliation. The Florida False Claims Act protects employee whistleblowers.
- Any employee who is “discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against” under lawful circumstances is protected under Florida FCA via Florida Statute 112.3187 known as the Florida Whistle-blower Protection Act.
- An employee that is subjected to the retaliation above will be entitled:
- Reinstatement to the same position before the action
- Reinstatement of full benefits and seniority
- Compensation of lost wages, benefits because of the adverse action
Florida’s False Claims Act rewards those who file successful actions on behalf of the State with bounties in the same way as the Federal law. The State of Florida may also assist in the prosecution of cases.
Whistleblowers are protected in Florida statute supplementing Federal laws as well.
If you have knowledge of fraud, knowing who can and cannot bring qui tam action under the Florida FCA is important.
The Florida False Claims Act in Action
Who can file under Florida FCA (Who Can’t)
- Almost everyone. The Federal FCA allows any person or entity to file a qui-tam action. The State of Florida FCA is the same except for one group. State employees.
- Current State employees are not allowed to bring lawsuits under the Florida FCA. They can not use information they learned while working for the State to bring a case. However, State of Florida employees are not barred from bringing a Federal Case.
Where do you file cases under the Florida FCA?
- Florida False Claims are filed in the Second Judicial Circuit in Leon County.
What is the process of Florida FCA?
- Once a qui-tam action is filed in circuit court an official copy of the complaint will be sent to the Attorney General and Chief Financial Officer. This must be registered mail with return receipt requested.
- The Attorney General and Chief Financial Officer will decide whether or not to intervene on behalf of the State. This should occur 60 days after they receive the material evidence and information. They can request additional time if needed.
- This is process is the basically the same as the Federal FCA process with one key exception. The Florida FCA does not require the court to approve voluntary dismissals by the State. Even if the plaintiff responsible for bringing the qui-tam action objects the State can dismiss the case without court approval.
The Florida and Federal False Claims Act has the exact same Statue of Limitations. Civil actions must be filed:
- No more than 6 after the date of the violation or
- No more than 3 year after the date facts are known or should have been known to the department or
- In either case no more than 10 years after violations occur.
Timing in a False Claims qui-tam action is crucial. Consultation of a qualified Florida FCA attorney is recommended.
The Florida FCA mirrors the Federal Act very closely. There are minor differences can have a significant impact on a claim. Some of those differences can be traced to a revision of the Florida FCA in 2013.
Florida False Claims Act FAQ
- Q: What is the Florida False Claims Act?
-
A: It is Florida's version of the False Claims Act (Fla. Stat. 68.081 and following). It lets a private citizen file a qui tam lawsuit on behalf of the state or a local government against anyone who defrauds Florida out of public money, and rewards that whistleblower with a share of the recovery.
- Q: How is the Florida FCA different from the federal one?
-
A: Three main differences. Florida has an innocent-mistake defense, it lets defendants who promptly cooperate cut damages from treble to double, and, unlike the federal FCA, it allows claims based on fraudulent state tax returns. The reward percentages and the statute of limitations are the same as the federal law.
- Q: What reward can a Florida whistleblower get?
-
A: If the state intervenes, 15 to 25 percent of what it recovers. If the state declines and you pursue the case yourself, 25 to 30 percent. Either way, the defendant also pays your reasonable expenses and attorney's fees.
- Q: Who can file under the Florida False Claims Act?
-
A: Almost anyone with original knowledge of the fraud. The one exception is current state employees, who cannot bring an FFCA case using information they learned on the job, though they are not barred from filing a federal case. Cases are filed in the Second Judicial Circuit in Leon County.
- Q: How long do I have to file in Florida?
-
A: The same deadlines as the federal FCA: within 6 years of the violation, or within 3 years of when the facts were or should have been known, but never more than 10 years after the violation. Timing is critical, so talk to a Florida FCA attorney before you wait.
State Encouragement to Do What's Right
The power of qui-tam actions through the Florida False Claims Act has benefited the State of Florida and relators greatly. Whistleblowers are provided a civil remedy for false claims, are rewarded for disclosing fraud, and in so doing help the State fight spending abuses and related waste to the taxpayers. An honest and straightforward Florida False Claims Act attorney will be the first to tell you that qui tam litigation has risks and potential rewards.
While whistleblowers are protected and incentivized under the Florida Law it's highly recommended potential relators seek counsel before taking action for help with what can quickly become a complex legal situation.
Lawsuit Legal handles Florida qui tam cases the way they have to be handled: filed first, filed under seal, and built to prove. We know the Leon County process, how the Attorney General and CFO decide whether to intervene, and how Florida's innocent-mistake and tax-fraud provisions cut for or against a case. We work on contingency. You Win or It's Free. Call (888) 713-6653 for a free, confidential review. We help the insiders across Florida healthcare, contracting, and finance who saw the fraud and decided to stop it.
Do I Have a Case?
Let's See If You Have a Case...
External Resources
Legal Representation
"Speak with our Florida False Claims Act attorneys for a free, confidential review of your potential claim. Past results vary based on the unique facts of each case."
Find out more >>