HB 7081

1
A bill to be entitled
2An act relating to the Florida False Claims Act; amending
3s. 68.086, F.S.; authorizing rather than requiring a court
4to award attorney's fees and expenses to a prevailing
5defendant under certain circumstances; providing an
6effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Subsection (3) of section 68.086, Florida
11Statutes, is amended to read:
12     68.086  Expenses; attorney's fees and costs.--
13     (3)  If the department does not proceed with an action
14under this act and the person bringing the action conducts the
15action as provided in s. 68.083(6)(b) defendant is the
16prevailing party, the court may shall award to the defendant his
17or her reasonable attorney's fees and expenses if the defendant
18prevails in costs against the person bringing the action and the
19court finds that the claim of the person bringing the action is
20clearly frivolous or vexatious or was brought primarily for
21purposes of harassment.
22     Section 2.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.