1 | Representative Harrington offered the following: |
2 |
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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, |
6 | Florida Statutes, to read: |
7 | 106.265 Civil penalties.-- |
8 | (5) In any case in which the commission determines that a |
9 | person has filed a complaint against another person with a |
10 | malicious intent to injure the reputation of the person |
11 | complained against by filing the complaint with knowledge that |
12 | the complaint contains one or more false allegations or with |
13 | reckless disregard for whether the complaint contains false |
14 | allegations of fact material to a violation of this chapter or |
15 | chapter 104, the complainant shall be liable for costs and |
16 | reasonable attorney's fees incurred in the defense of the person |
17 | complained against, including the costs and reasonable |
18 | attorney's fees incurred in proving entitlement to and the |
19 | amount of costs and fees. If the complainant fails to pay such |
20 | costs and fees voluntarily within 30 days following such finding |
21 | by the commission, the commission shall forward such information |
22 | to the Department of Legal Affairs, which shall bring a civil |
23 | action in a court of competent jurisdiction to recover the |
24 | amount of such costs and fees awarded by the commission. |
25 |
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26 | ================ T I T L E A M E N D M E N T ============= |
27 | Remove line(s) 169 and insert: |
28 | specifying bases for determining probable cause; amending s. |
29 | 106.265, F.S.; providing liability of complainants for costs and |
30 | reasonable attorney's fees under certain circumstances; |
31 | providing for civil actions to collect such costs and fees; |
32 | amending |