Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 2658
       
       
       
       
       
       
                                Barcode 123280                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             04/30/2009 11:29 AM       .                                
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       Senator Baker moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4  
    5         Delete line 28
    6  and insert:
    7         Section 2. Subsection (3) of section 68.086, Florida
    8  Statutes, is amended to read:
    9         68.086 Expenses; attorney’s fees and costs.—
   10         (3) If the department does not proceed with an action under
   11  this act and the person bringing the action conducts the action
   12  as provided in s. 68.083(6)(b) defendant is the prevailing
   13  party, the court may shall award to the defendant his or her
   14  reasonable attorney’s fees and expenses if the defendant
   15  prevails in costs against the person bringing the action and the
   16  court finds that the claim of the person bringing the action is
   17  clearly frivolous or vexatious or was brought primarily for
   18  purposes of harassment.
   19         Section 3. Section 2 of this act shall take effect upon
   20  becoming law and shall apply to any pending or future action
   21  brought under the Florida False Claims Act or any action pending
   22  on appeal on or after July 1, 2009.
   23         Section 4. Section 408.8065, Florida Statutes, is created
   24  
   25  ================= T I T L E  A M E N D M E N T ================
   26  And the title is amended as follows:
   27  
   28         Delete lines 2 - 6
   29  and insert:
   30  
   31         An act relating to fraud and abuse in state-funded
   32  programs; designating Miami-Dade County as a health care fraud
   33  area of special concern for certain purposes; amending s.
   34  68.086, F.S.; authorizing rather than requiring a court to award
   35  attorney’s fees and expenses to a prevailing defendant in an
   36  action brought under the Florida False Claims Act under certain
   37  circumstances; providing applicability; creating s. 408.8065,
   38  F.S.; providing