(1) If the department initiates an action under this act or assumes control of an action brought by a person under this act, the department shall be awarded its reasonable attorney fees, expenses, and costs.
(2) If the department does not proceed with an action under this act and the person bringing the action conducts the action, the court may award to the defendant its reasonable attorney fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment.
(3) No liability shall be incurred by the state or the department for any expenses, attorney fees, or other costs incurred by any person in bringing or defending an action under this act.
History.—s. 6, ch. 94-316; s. 2, ch. 2009-193; s. 3, ch. 2009-223; s. 7, ch. 2013-104.
Structure Florida Statutes
Title VI - Civil Practice and Procedure
Chapter 68 - Miscellaneous Proceedings
68.01 - Declaring Tax Assessment Invalid.
68.03 - Sequestration; Proceedings Prescribed.
68.04 - Chancery Jurisdiction Over Liens.
68.06 - Actions Upon Negotiable and Other Instruments; Consideration, Etc.
68.065 - Actions to Collect Worthless Payment Instruments; Attorney Fees and Collection Costs.
68.081 - Florida False Claims Act; Short Title.
68.082 - False Claims Against the State; Definitions; Liability.
68.083 - Civil Actions for False Claims.
68.084 - Rights of the Parties in Civil Actions.
68.085 - Awards to Plaintiffs Bringing Action.
68.086 - Expenses; Attorney Fees and Costs.
68.087 - Exemptions to Civil Actions.
68.088 - Protection for Participating Employees.
68.089 - Limitation of Actions; Effect of Interventions by Department.
68.091 - Construction and Severability of Provisions.
68.092 - Deposit of Recovered Moneys.
68.093 - Florida Vexatious Litigant Law.
68.097 - Authority and Duties of the Department.
68.103 - Unconstitutionality or Unenforceability of Fund Limitations.