Ryon McCabe and Robert Glass Publish Qui Tam Article
In February 2014, Ryon McCabe and Robert Glass published a scholarly article titled “Florida Updates Qui Tam Whistleblower Statute” in Volume 88 of the Florida Bar Journal. The Florida Bar publishes and distributes this journal to all members of the Florida Bar to address timely and important legal issues.
The McCabe-Glass article reviews recent changes enacted to the Florida False Claims Act (“FCA”) by the 2013 Florida Legislature. The Legislature made these changes to bring the Florida FCA into conformity with the Federal FCA, following a series of changes made to the Federal FCA by way of the Fraud Enforcement and Recovery Act of 2009, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, and the Patient Protection and Affordable Care Act of 2010.
As discussed in the article, the Florida FCA has been “beefed up” to provide more protections and incentives to whistleblowers in the following ways:
· The amendments clarify that false claims need not be “directly presented” to the State to be actionable. They may be presented to State contractors or intermediaries instead.
· The amendments clarify that wrongdoers need not have the intent to defraud the State. Intent to defraud a State contractor, or an entity acting on behalf of the State, is enough.
· The amendments narrow the scope of the public disclosure bar, making it easier for whistleblowers to bring claims.
· The amendments expand the definition “State” to include “the government of the state or any department, division, bureau, commission, regional planning agency, board, district, authority, agency, or other instrumentality of the state.”
These changes will allow the Florida FCA to become a more useful and potent tool in the fight against those who seek to defraud the State of Florida.
To read the complete article, click here.