Amendment
Bill No. 1971
Amendment No. 006809
CHAMBER ACTION
Senate House
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1Representative Harrington offered the following:
2
3     Amendment (with directory and title amendments)
4     Between line(s) 2403 and 2404, insert:
5     Section 56.  Subsection (5) is added to section 106.265,
6Florida Statutes, to read:
7     106.265  Civil penalties.--
8     (5)  In any case in which the commission determines that a
9person has filed a complaint against another person with a
10malicious intent to injure the reputation of the person
11complained against by filing the complaint with knowledge that
12the complaint contains one or more false allegations or with
13reckless disregard for whether the complaint contains false
14allegations of fact material to a violation of this chapter or
15chapter 104, the complainant shall be liable for costs and
16reasonable attorney's fees incurred in the defense of the person
17complained against, including the costs and reasonable
18attorney's fees incurred in proving entitlement to and the
19amount of costs and fees. If the complainant fails to pay such
20costs and fees voluntarily within 30 days following such finding
21by the commission, the commission shall forward such information
22to the Department of Legal Affairs, which shall bring a civil
23action in a court of competent jurisdiction to recover the
24amount of such costs and fees awarded by the commission.
25
26================ T I T L E  A M E N D M E N T =============
27     Remove line(s) 169 and insert:
28specifying bases for determining probable cause; amending s.
29106.265, F.S.; providing liability of complainants for costs and
30reasonable attorney's fees under certain circumstances;
31providing for civil actions to collect such costs and fees;
32amending


CODING: Words stricken are deletions; words underlined are additions.