68.086

Expenses; attorney fees and costs.

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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.

Notes of Decisions

Cited in 2 cases, 2007–2008 · leading case: State Ex Rel. Marsh v. Doran

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State Ex Rel. Marsh v. Doran (2007) fladistctapp · cites it 3× “The primary issue in this case is whether the appellees were "prevailing parties" under section 68.086(3), Florida Statutes (2002).”

Bank of New York v. Williams (2008) fladistctapp “[1] We have expressly rejected the Bank's argument in the context of a plaintiff's voluntary dismissal without prejudice. State ex rel. Marsh v. Doran, 958 So.”

— 68.086(3) — 2 cases

State Ex Rel. Marsh v. Doran (2007) fladistctapp “The primary issue in this case is whether the appellees were "prevailing parties" under section 68.086(3), Florida Statutes (2002).”

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