Florida Statute 68.86 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 68
MISCELLANEOUS PROCEEDINGS

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F.S. 68.086

68.086 Expenses; attorney fees and costs.—

(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.

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Amendments to 68.086

Annotations, Discussions, Cases:

Cases Citing Statute 68.086

Total Results: 2

Bank of New York v. Williams

979 So. 2d 347, 2008 WL 957845

District Court of Appeal of Florida | Filed: Apr 10, 2008 | Docket: 1714460

Cited 6 times | Published

is entitled to recover attorney's fees under section 68.086(3), which awards fees to the prevailing party

State Ex Rel. Marsh v. Doran

958 So. 2d 1082, 2007 WL 1730323

District Court of Appeal of Florida | Filed: Jun 18, 2007 | Docket: 248482

Cited 5 times | Published

the appellees were "prevailing parties" under section 68.086(3), Florida Statutes (2002). We hold that a