The 2023 Florida Statutes (including Special Session C)

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.

F.S. 68.086 on Google Scholar

F.S. 68.086 on Casetext

Amendments to 68.086

Arrestable Offenses / Crimes under Fla. Stat. 68.086

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 68.086.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BANK OF NEW YORK, v. WILLIAMS,, 979 So. 2d 347 (Fla. Dist. Ct. App. 2008)

. . . There we explained: We hold that a defendant is entitled to recover attorney’s fees under section 68.086 . . .

STATE MARSH v. R. DORAN, P. A. a, 958 So. 2d 1082 (Fla. Dist. Ct. App. 2007)

. . . The primary issue in this case is whether the appellees were “prevailing parties” under section 68.086 . . . We hold that a defendant is entitled to recover attorney’s fees under section 68.086(3), which awards . . .