Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for HB 1487
       
       
       
       
       
       
                                Barcode 611520                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/30/2009 09:19 AM       .                                
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       Senator Baker moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 26 and 27
    4  insert:
    5         Section 2. Subsection (3) of section 68.086, Florida
    6  Statutes, is amended to read:
    7         68.086 Expenses; attorney’s fees and costs.—
    8         (3) If the department does not proceed with an action under
    9  this act and the person bringing the action conducts the action
   10  as provided in s. 68.083(6)(b) defendant is the prevailing
   11  party, the court may shall award to the defendant his or her
   12  reasonable attorney’s fees and expenses if the defendant
   13  prevails in costs against the person bringing the action and the
   14  court finds that the claim of the person bringing the action is
   15  clearly frivolous or vexatious or was brought primarily for
   16  purposes of harassment.
   17         Section 3. Section 2 of this act shall take effect upon
   18  becoming law and shall apply to any pending or future action
   19  brought under the Florida False Claims Act or any action pending
   20  on appeal on or after July 1, 2009.
   21  
   22  
   23  ================= T I T L E  A M E N D M E N T ================
   24  And the title is amended as follows:
   25  
   26         Delete lines 2 - 5
   27  and insert:
   28         An act relating to fraud and abuse in state-funded
   29         programs; designating Miami-Dade County as a health
   30         care fraud area of special concern for certain
   31         purposes; amending s. 68.086, F.S.; authorizing rather
   32         than requiring a court to award attorney’s fees and
   33         expenses to a prevailing defendant in an action
   34         brought under the Florida False Claims Act under
   35         certain circumstances; providing applicability;
   36         creating s.