| 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 |
| 6 | applicability; providing an 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 upon becoming law |
| 23 | and shall apply to any pending or future action brought under |
| 24 | the Florida False Claims Act or any action pending on appeal on |
| 25 | or after the effective date of this act. |