Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 2658
       
       
       
       
       
       
                                Barcode 111368                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                 Floor: WD/2R          .                                
             04/30/2009 09:17 AM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Baker moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete line 28
    4  and 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         Section 4. Section 408.8065, Florida Statutes, is created
   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 line 6
   27  and insert:
   28  
   29         purposes; amending s. 68.086, F.S.; authorizing rather
   30         than requiring a court to award attorney’s fees and
   31         expenses to a prevailing defendant under certain
   32         circumstances; providing applicability; creating s.
   33         408.8065, F.S.; providing