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Florida Statute 68.065 | Lawyer Caselaw & Research
F.S. 68.065 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 68
MISCELLANEOUS PROCEEDINGS
View Entire Chapter
F.S. 68.065
68.065 Actions to collect worthless payment instruments; attorney fees and collection costs.
(1) As used in this section, the term “payment instrument” or “instrument” means a check, draft, order of payment, debit card order, or electronic funds transfer.
(2) In lieu of a service charge authorized under subsection (3), s. 832.062(4)(a), or s. 832.07, the payee of a payment instrument, the payment of which is refused by the drawee because of lack of funds, lack of credit, or lack of an account, or where the maker or drawer stops payment on the instrument with intent to defraud, may lawfully collect bank fees actually incurred by the payee in the course of tendering the payment, plus a service charge of $25 if the face value does not exceed $50; $30 if the face value exceeds $50 but does not exceed $300; $40 if the face value exceeds $300; or 5 percent of the face value of the payment instrument, whichever is greater. The right to damages under this subsection may be claimed without the filing of a civil action.
(3)(a) In any civil action brought for the purpose of collecting a payment instrument, the payment of which is refused by the drawee because of lack of funds, lack of credit, or lack of an account, or where the maker or drawer stops payment on the instrument with intent to defraud, and where the maker or drawer fails to pay the amount owing, in cash, to the payee within 30 days after a written demand therefor, as provided in subsection (4), the maker or drawer is liable to the payee, in addition to the amount owing upon such payment instrument, for damages of triple the amount so owing. However, in no case shall the liability for damages be less than $50. The maker or drawer is also liable for any court costs and reasonable attorney fees incurred by the payee in taking the action. Criminal sanctions, as provided in s. 832.07, may be applicable.
(b) The payee may also charge the maker or drawer of the payment instrument a service charge not to exceed the service fees authorized under s. 832.08(5) or 5 percent of the face amount of the instrument, whichever is greater, when making written demand for payment. In the event that a judgment or decree is rendered, interest at the rate and in the manner described in s. 55.03 may be added toward the total amount due. Any bank fees incurred by the payee may be charged to the maker or drawer of the payment instrument.
(4) Before recovery under subsection (3) may be claimed, a written demand must be delivered by certified or registered mail, evidenced by return receipt, or by first-class mail, evidenced by an affidavit of service of mail, to the maker or drawer of the payment instrument to the address on the instrument, to the address given by the drawer at the time the instrument was issued, or to the drawer’s last known address. The form of such notice shall be substantially as follows:

“You are hereby notified that a check, draft, order of payment, debit card order, or electronic funds transfer numbered   in the face amount of $  issued by you on   (date)  , drawn upon   (name of bank)  , and payable to  , has been dishonored. Pursuant to Florida law, you have 30 days from receipt of this notice to tender payment in cash of the full amount of the dishonored payment instrument, plus a service charge of $25 if the face value does not exceed $50, $30 if the face value exceeds $50 but does not exceed $300, $40 if the face value exceeds $300, or 5 percent of the face amount of the dishonored instrument, whichever is greater, the total amount due being $  and   cents. Unless this amount is paid in full within the 30-day period, the holder of the dishonored payment instrument may file a civil action against you for three times the amount of the dishonored instrument, but in no case less than $50, in addition to the payment of the dishonored instrument plus any court costs, reasonable attorney fees, and any bank fees incurred by the payee in taking the action.”

(5) A subsequent person receiving a payment instrument from the original payee or a successor endorsee has the same rights that the original payee has against the maker of the instrument, if such subsequent person gives notice in a substantially similar form to that provided in subsection (4). A subsequent person providing such notice is immune from civil liability for the giving of such notice and for proceeding under the forms of such notice, so long as the maker of the instrument has the same defenses against the subsequent person as against the original payee. However, the remedies available under this section may be exercised only by one party in interest.
(6) After commencement of the action but before the hearing, the maker or drawer may tender to the payee, as satisfaction of the claim, an amount of money equal to the sum of the payment instrument, the service charge, court costs, and incurred bank fees. Other provisions notwithstanding, the maker or drawer is liable to the payee for all attorney fees and collection costs incurred by payee as a result of the payee’s claim.
(7) If the court or jury determines that the failure of the maker or drawer to satisfy the dishonored payment instrument was due to economic hardship, the court or jury has the discretion to waive all or part of the statutory damages.
History.s. 2, ch. 79-345; s. 1, ch. 86-89; s. 41, ch. 88-381; s. 1, ch. 89-303; s. 1, ch. 91-211; s. 1, ch. 96-239; s. 1, ch. 98-297; s. 1, ch. 2001-243; s. 1, ch. 2003-69; s. 1, ch. 2013-113.

F.S. 68.065 on Google Scholar

F.S. 68.065 on Casetext

Amendments to 68.065


Arrestable Offenses / Crimes under Fla. Stat. 68.065
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 68.065.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE T. CARTER, Be, v. T., 593 B.R. 354 (Bankr. M.D. Fla. 2018)

. . . check plus treble damages, for a total of $150,000 (plus fees and costs), as permitted under Section 68.065 . . .

SANDERS FARM OF OCALA, INC. a v. BAY AREA TRUCK SALES, INC. a d b a, 235 So. 3d 1010 (Fla. Dist. Ct. App. 2017)

. . . Area filed its complaint and later an amended complaint against Sanders alleging a count under section 68.065 . . . Bay Area asserted that under section 68.065 a maker is liable if payment has beén stopped on a check . . . Section 68.065(3)(a) of the worthless check statute allows for treble damages in addition to the amount . . . addition to the amount owing upon such payment instrument, for damages of triple the amount so owing. § 68.065 . . . In Madness, which Bay Area and the trial court relied upon, the Fourth District considered section 68.065 . . .

KLOCK, v. CAPONE,, 233 So. 3d 1158 (Fla. Dist. Ct. App. 2017)

. . . See § 68.065(6), Fla. . . .

INFRAX SYSTEMS, INC. v. WOOD,, 155 So. 3d 426 (Fla. Dist. Ct. App. 2015)

. . . reverse the portion of the judgment representing treble damages and processing fees awarded under section 68.065 . . . portion of the judgment amount represents treble damages and processing fees awarded under section 68.065 . . . was not entitled to claim treble damages or processing fees on the checks in accordance with section 68.065 . . . 917 So.2d 299, 301 (Fla. 4th DCA 2005) (Gunther, J., dissenting) (“A civil action pursuant to section 68.065 . . .

SARRAS, v. MILLS- SARRAS a k a E., 161 So. 3d 509 (Fla. Dist. Ct. App. 2014)

. . . Sarras because, contrary to Mills’ contention, the action brought by Sarras was not founded on section 68.065 . . . Section 68.065(1), Florida Statutes (2007), provides that in any civil action brought for the purpose . . . Section 68.065 does not create an exclusive means to bring an action on a worthless check; rather it . . . Sarras’ complaint did not seek treble damages, nor did it reference section 68.065. . . . would bar any claim by Sarras to recover treble damages and reasonable attorney’s fees under section 68.065 . . . Section 68.065, Florida Statutes (2007), provides a civil remedy for any action brought for the purpose . . .

BAGGETT, Jr. v. CLARK,, 161 So. 3d 491 (Fla. Dist. Ct. App. 2014)

. . . Clark then brought an action against Baggett under section 68.065, Florida Statutes, seeking damages . . . Feiler, 553 So.2d 1302 (Fla. 3d DCA 1989) (holding that setoff is not an available defense to a section 68.065 . . . trial court erred in entering summary judgment on the intent to defraud element required by section 68.065 . . . defraud, ... the maker or drawer is liable to the payee ... for damages of triple the amount so owing.” § 68.065 . . . SAWAYA and ORFINGER, JJ., concur. . § 68.065, Fla. Stat. (2012). . . . .

BIG BANG MIAMI ENTERTAINMENT, LLC. v. MOUMINA,, 137 So. 3d 1117 (Fla. Dist. Ct. App. 2014)

. . . See § 68.065(3)(a), Fla. . . . Big Bang and Ojeda for the amount of the three checks plus triple that amount as provided by section 68.065 . . . Moumina stated a valid cause of action pursuant to section 68.065(3)(a), as to it. . . . Before bringing suit, Moumina provided the notice required to Big Bang and Ojeda as required by section 68.065 . . . See § 68.065(4), Fla. . . .

HUTSON d b a MRI, LLC, v. PLANTATION OPEN MRI, LLC,, 66 So. 3d 1042 (Fla. Dist. Ct. App. 2011)

. . . Section 68.065(6), Florida Statutes, provides that “[i]f the court or jury determines that the failure . . .

MOLINOS VALLE DEL CIBAO, C. A. a v. R. LAMA, C. A. a v. R., 633 F.3d 1330 (11th Cir. 2011)

. . . . § 68.065. . . . Stat. § 68.065 and sought liability directly against the Lamas under the theory that because Chipstek . . . Stat. § 68.065(1). . . . Stat. § 68.065, punishes the making or drawing of a bad check. . . .

DIAZ, v. BELL MICROPRODUCTS- FUTURE TECH, INC. a d b a, 43 So. 3d 138 (Fla. Dist. Ct. App. 2010)

. . . upon presentation of the checks, the drawee bank refused payment; and thereafter, pursuant to section 68.065 . . . Relying on section 68.065(6), Diaz argued that the trial court erred by entering a treble damage award . . . Section 68.065(6) reads as follows: If the court or jury determines that the failure of the maker or . . . Bodensiek, 662 So.2d 1383, 1384 (Fla. 4th DCA 1995) (“[Wjhen section 68.065(6) ... speaks of the court . . . Feiler, 553 So.2d 1302, 1303 (Fla. 3d DCA 1989) (noting that section 68.065 has a provision “which allows . . .

In REVISIONS TO SIMPLIFIED FORMS PURSUANT TO RULE A OF RULES REGULATING THE FLORIDA BAR, 50 So. 3d 503 (Fla. 2010)

. . . specify), and to □ pay bad check fees in the amount of $-(not to exceed the amount prescribed by Section 68.065 . . .

KRUEGER v. E. PONTON, Jr. E., 6 So. 3d 1258 (Fla. Dist. Ct. App. 2009)

. . . Pertinent to this appeal, the Kruegers sought treble damages for a bad check pursuant to section 68.065 . . . estate contract and, therefore, they were entitled to make a claim for treble damages under section 68.065 . . . The judgment awarded treble damages and attorney’s fees pursuant to § 68.065, Fla. Stat. . . .

OCALA JOCKEY CLUB, LLC, L. v. ROGERS,, 981 So. 2d 1245 (Fla. Dist. Ct. App. 2008)

. . . There, the terms of the civil worthless check statute, section 68.065(1), were under consideration. . . . Section 68.065(1) specifically provides that “the maker or drawer shall be liable to the payee, in addition . . . We believe that the holding in Nasr and the provisions of section 68.065(1) belie the argument espoused . . .

SUMNER GROUP, INC. d b a v. M. C. DISTRIBUTEC, INC. a k a, 949 So. 2d 1205 (Fla. Dist. Ct. App. 2007)

. . . The complaint sought attorney’s fees under both the worthless check statute, § 68.065, Fla. . . . Stat. § 68.065. Thus, an award of attorney’s fees was mandatory. Alvarez v. . . .

In TITAN CRUISE LINES, a a v. a, 353 B.R. 919 (Bankr. M.D. Fla. 2006)

. . . The claim in Count III is for Liability on a Worthless Instrument, brought pursuant to Section 68.065 . . .

SCHNEIDER v. H. SLICHTER,, 917 So. 2d 299 (Fla. Dist. Ct. App. 2005)

. . . summary judgment entered in favor of appellees on their bad check claim básed on a violation of section 68.065 . . . In moving for summary judgment on the section 68.065 bad check claim, the appel-lees, plaintiffs below . . . A civil action pursuant to section 68.065, Florida Statutes requires proof that: (a) a check was made . . . the plaintiff and (b) the “payment was refused by the drawee bank because of the lack of funds.” § 68.065 . . . presented with sufficient funds but the maker "stops payment on the check ... with intent to defraud.” § 68.065 . . . In moving for summary judgment on the section 68.065, Florida Statutes, bad check claim, the appellees . . .

VALLIAPPAN, v. CRUZ,, 917 So. 2d 257 (Fla. Dist. Ct. App. 2005)

. . . some point after the postdated check was returned, Cruz's attorney demanded $180,000 under section 68.065 . . . were deemed to be a demand for usurious interest, and not an attempt to preserve rights under section 68.065 . . .

MADNESS, L. P. v. DiTOCCO KONSTRUCTION, INC., 873 So. 2d 427 (Fla. Dist. Ct. App. 2004)

. . . found that a contract did exist and awarded damages for lost profits as well as damages under section 68.065 . . . Section 68.065, Florida Statutes (2001), provides: (1) In any civil action brought for the purpose of . . .

PARAMOUNT, v. GILBERT, a, 867 So. 2d 642 (Fla. Dist. Ct. App. 2004)

. . . Pursuant to section 68.065(1), Florida Statutes (2001), appellant Velecta Paramount brought an action . . . Section 68.065(1) applies in “any civil action brought for the purpose of collecting a check.” . . . If Gilbert is not liable on the check, section 68.065(1) does not create a separate cause of action which . . .

BLACKSTONE CALLING CARD, INC. v. PATEL,, 869 So. 2d 59 (Fla. Dist. Ct. App. 2004)

. . . result should be otherwise because the plaintiff made demand under the worthless check statute, section 68.065 . . . See § 68.065(3), Fla. Stat. (2001). . . .

URIBE, v. CORREA,, 862 So. 2d 883 (Fla. Dist. Ct. App. 2003)

. . . court finding Appellant Uribe liable for two worthless checks and imposing treble damages under Section 68.065 . . . Correa provided statutory notice as to each check under Section 68.065, Florida Statutes. . . . The trial court found that the plaintiff met the facial statutory requirements of Section 68.065, noting . . . Section 68.065(1), Florida Statutes (2002). . . .

MAUNG, v. NATIONAL STAMPING, LLC,, 842 So. 2d 214 (Fla. Dist. Ct. App. 2003)

. . . summary judgment entered on a count brought pursuant to the civil worthless check • statute, section 68.065 . . . See § 68.065(1), Fla. Stat. (1999). . . . the amount owing upon such check, draft, or order, for damages of triple the amount so owing.... § 68.065 . . . moment, National Stamping never established its entitlement to judgment as a matter of law under section 68.065 . . .

F A DAIRY PRODUCTS, INC. v. IMPERIAL FOOD DISTRIBUTORS, INC. a a, 798 So. 2d 803 (Fla. Dist. Ct. App. 2001)

. . . check written by appellee, Palm Coast Veal Corporation (Palm Coast), sued Palm Coast under section 68.065 . . . treble damages was an economic hardship which the trial court had the discretion to waive under section 68.065 . . . Section 68.065(1), Florida Statutes, provides: If the court or jury determines that the failure of the . . . the trier of fact to waive all or part of the statutory of damages in case of economic hardship. § 68.065 . . .

ALVAREZ, v. ALVAREZ,, 800 So. 2d 280 (Fla. Dist. Ct. App. 2001)

. . . worthless check plus treble damages, prejudgment interest, and attorney’s fees pursuant to section 68.065 . . . Pursuant to section 68.065, if a check is returned for insufficient funds, the payee may bring a civil . . . Thereafter, Elsa sent Felipe a written demand for the $34,000 as required by section 68.065. . . . After the 30-day statutory notice period expired, Elsa filed a civil action pursuant to section 68.065 . . . See § 68.065(6), Fla. Stat. (1995). . . . .

J. WASSMAN, v. TRAVELERS CASUALTY AND SURETY COMPANY,, 797 So. 2d 626 (Fla. Dist. Ct. App. 2001)

. . . check, as well as a claim for treble damages to recover on the dishonored check pursuant to section 68.065 . . . awarded Callahan treble damages in the amount of $60,800, a $950 service charge pursuant to section 68.065 . . . $60,000 he had been awarded as treble damages against Fleetwood and Zaccagni-no pursuant to section 68.065 . . .

IRA MEX, INC. a v. SOUTHEASTERN INTERIOR CONSTRUCTION, INC. a, 777 So. 2d 1107 (Fla. Dist. Ct. App. 2001)

. . . filed suit against Southeastern seeking damages, attorney’s fees, and other relief pursuant to section 68.065 . . . Ira Mex asserted that it had sent the section 68.065(3) notice, but the check had not been paid. . . . to which the only defense was a defense to treble damages for economic hardship, pursuant to section 68.065 . . . Section 68.065 provides a statutory remedy for wrongful conduct causing a check’s failure to clear; in . . . Second, even assuming that Georgia’s bad check statute is more limited than section 68.065 regarding . . .

FLORIDA BAR RE REVISIONS TO SIMPLIFIED FORMS, PURSUANT TO RULE a OF THE RULES REGULATING THE FLORIDA BAR, 774 So. 2d 611 (Fla. 2000)

. . . bad cheek fees in the amount of $_(not to exceed the amount prescribed by Florida Statutes section 68.065 . . .

In APACHE TRADING GROUP, INC., 210 B.R. 869 (Bankr. S.D. Fla. 1997)

. . . Handy alleges that he is due the amount of the check plus treble damages pursuant to Florida Statute § 68.065 . . . Even if Florida Statute § 68.065 applied to Mr. . . .

G. KEHLE v. G. MODANSKY,, 696 So. 2d 493 (Fla. Dist. Ct. App. 1997)

. . . -000 for treble damages as a result .of appellant’s tender of a worthless check pursuant to section 68.065 . . . However, since section 68.065 makes no provision for suit against one other than the maker of the check . . . Stat. (1995)(eriminal action), with § 68.065, Fla. Stat. (1995)(civil action). . . .

McCRANEY, v. A. BARBERI,, 677 So. 2d 355 (Fla. Dist. Ct. App. 1996)

. . . . §§ 68.065(2) and 832.07(l)(a), Fla. Stat. (1991). . . .

NASR INTERNATIONAL TRADING CO. INC. v. RAHUL INTERNATIONAL INC., 675 So. 2d 704 (Fla. Dist. Ct. App. 1996)

. . . On the cross-appeal, however, section 68.065(1), Florida Statutes (1991), requires an award of three . . .

CAMEROTA, v. KAUFMAN, 666 So. 2d 1042 (Fla. Dist. Ct. App. 1996)

. . . $22,693.12, which included statutory treble damages and significant attorney’s fees pursuant to section 68.065 . . .

C S COMPUTERS, INC. d b a v. BODENSIEK,, 662 So. 2d 1383 (Fla. Dist. Ct. App. 1995)

. . . of the statutory damages which may be waived on the basis of economic hardship pursuant to section 68.065 . . . Section 68.065(1), Florida Statutes (1993), provides in pertinent part that: In any civil action brought . . . Thus, when section 68.065(6), Florida Statutes (1993), speaks of the court’s authority to waive all or . . . We believe that, among other possible reasons, section 68.065(1) provides for a $50 minimum statutory . . . Section 68.065(6) provides that "If the court or jury determines that the failure of the maker or drawer . . .

ZALESKI, v. WOESSNER, 659 So. 2d 716 (Fla. Dist. Ct. App. 1995)

. . . for later determination the issue of treble damages, attorney’s fees and costs, pursuant to section 68.065 . . . In moving for summary judgment, the appellees relied on section 68.065, Florida Statutes (1993), which . . . Zaleski also argues that section 68.065 appears to conflict -with various provisions of the Uniform Commercial . . . In our view, section 68.065 only applies to cheeks or other instruments that have been validly delivered . . . approving the agreements for purchase of the stock, a viable defense would be made out to the section 68.065 . . .

SERNA, v. MILANESE, INC., 643 So. 2d 36 (Fla. Dist. Ct. App. 1994)

. . . The trial court granted Milanese’s motion and pursuant to section 68.065, Florida 'Statutes (1991) ordered . . . statute operates retrospectively to relieve him of personal liability for treble damages under section 68.065 . . . section 673.4021(3) would eliminate the substantive right and remedy available to Milanese under sections 68.065 . . . Section 68.065 provides, in pertinent part: (1) In any civil action brought for the purpose of collecting . . . abrogate Milanese’s substantive right to collect on the checks or to receive treble damages under section 68.065 . . .

DIULUS v. HANLEY, 640 So. 2d 1251 (Fla. Dist. Ct. App. 1994)

. . . Hanley, forwarded a letter by certified mail to the Diuluses, notifying them that, pursuant to section 68.065 . . . in the Hanleys’ favor for triple the amount of the check plus various costs on the basis of section 68.065 . . . Hanley’s letter to the Diuluses was flawed in that, while he tracked the language of section 68.065 with . . . prescribed period to tender payment in full to avoid the statutory action from 30 days to seven days. § 68.065 . . .

ZUCKER, v. SEARS ROEBUCK AND COMPANY,, 589 So. 2d 454 (Fla. Dist. Ct. App. 1991)

. . . In addition to the face amount of the check, Sears was awarded treble damages pursuant to section 68.065 . . . Section 68.065(1) provides in relevant part: (1) In any civil action brought for the purpose of collecting . . .

SPACECRAFT BOATWORKS, INC. v ANACAPRI BOAT MANUFACTURING, INC., 42 Fla. Supp. 2d 182 (Fla. Cir. Ct. 1990)

. . . The issue posed is whether the worthless check statute, § 68.065 F.S., causes an initial NSF check of . . . given to the worthless check statute of providing “for damages of triple the amount” of the check. § 68.065 . . . Court cannot adopt this view, especially because in actions brought in the County Court which apply § 68.065 . . . Indeed the worthless check statute confirms this Court’s view in that § 68.065(1) F.S. applies “in any . . .

L F PARTNERS, LTD. L. F. v. J. MICELI,, 561 So. 2d 1227 (Fla. Dist. Ct. App. 1990)

. . . Miceli brought both counts III and IV pursuant to section 68.065, Florida Statutes (1987). . . . interpretation of the statute to prevent a person from prevailing on a claim brought pursuant to section 68.065 . . . Section 68.065 provides, in relevant part: Actions to collect worthless checks, drafts, or orders of . . . court costs, reasonable attorney fees, and any bank fees incurred by the payee in taking the action.” § 68.065 . . .

In M. WAGENTI, DESIGNED FLOORING DISTRIBUTORS, INC. v. M. WAGENTI,, 110 B.R. 602 (Bankr. S.D. Fla. 1990)

. . . damages based on the issuance of a worthless check may be made by a payee pursuant to Florida Statue, § 68.065 . . .

KRONTZ, v. FEILER E. a k a, 553 So. 2d 1302 (Fla. Dist. Ct. App. 1989)

. . . One count of the complaint made a claim under section 68.065, Florida Statutes (Supp.1986), alleging . . . filing of the complaint, plaintiffs delivered the statutory thirty-day notice required by subsection 68.065 . . . statutory count, and awarded treble damages, interest, and the statutory fee provided by subsection 68.065 . . . check or instrument may file a civil action against you for three times the amount of the check ....” § 68.065 . . . treble damage award is in addition to, and not inclusive of, the amount owed on the unpaid check. § 68.065 . . .

M. MAULDEN, v. A. CORBIN,, 537 So. 2d 1085 (Fla. Dist. Ct. App. 1989)

. . . Maulden that she prevailed on the “worthless check” claim and was therefore entitled, under section 68.065 . . . Section 68.065 requires only that the party seeking attorney fees was “the prevailing party” in “any . . .

MEDINA, v. LAMONICA,, 492 So. 2d 809 (Fla. Dist. Ct. App. 1986)

. . . contention, Medina argues that the trial court erred in not awarding him attorney’s fees pursuant to section 68.065 . . . By its terms, section 68.065 applies only where payment of a check has been refused “because of the lack . . .

A. FISCHER, v. RODRIGUEZ- CAPRILES,, 472 So. 2d 1315 (Fla. Dist. Ct. App. 1985)

. . . Attorney’s fees were awarded to plaintiff pursuant to sections 57.105 and 68.065, Florida Statutes (1983 . . . attorney’s fees under section 57.105 was unjust and erroneous, and the award of fees under section 68.065 . . .

CUSTOM CARPET CENTER v. STROUT, 9 Fla. Supp. 2d 160 (Fla. Cty. Ct. 1985)

. . . Plaintiff also claims entitlement to attorney’s fees under Section 68.065, Florida Statutes (1983). . . . This case falls within the ambit of Section 68.065. . . . Under Section 68.065, it is the “prevailing party” who recovers attorney’s fees. . . .