1 | A bill to be entitled |
2 | An act relating to the Florida False Claims Act; amending |
3 | s. 68.086, F.S.; authorizing rather than requiring a court |
4 | to award attorney's fees and expenses to a prevailing |
5 | defendant under certain circumstances; providing an |
6 | effective date. |
7 |
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8 | Be It Enacted by the Legislature of the State of Florida: |
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10 | Section 1. Subsection (3) of section 68.086, Florida |
11 | Statutes, is amended to read: |
12 | 68.086 Expenses; attorney's fees and costs.-- |
13 | (3) If the department does not proceed with an action |
14 | under this act and the person bringing the action conducts the |
15 | action as provided in s. 68.083(6)(b) defendant is the |
16 | prevailing party, the court may shall award to the defendant his |
17 | or her reasonable attorney's fees and expenses if the defendant |
18 | prevails in costs against the person bringing the action and the |
19 | court finds that the claim of the person bringing the action is |
20 | clearly frivolous or vexatious or was brought primarily for |
21 | purposes of harassment. |
22 | Section 2. This act shall take effect July 1, 2009. |