| 1 | Representative Harrington offered the following: |
| 2 |
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| 3 | Amendment (with directory and title amendments) |
| 4 | Between line(s) 2403 and 2404, insert: |
| 5 | Section 56. Subsection (5) is added to section 106.265, |
| 6 | Florida Statutes, to read: |
| 7 | 106.265 Civil penalties.-- |
| 8 | (5) In any case in which the commission determines that a |
| 9 | person has filed a complaint against another person with a |
| 10 | malicious intent to injure the reputation of the person |
| 11 | complained against by filing the complaint with knowledge that |
| 12 | the complaint contains one or more false allegations or with |
| 13 | reckless disregard for whether the complaint contains false |
| 14 | allegations of fact material to a violation of this chapter or |
| 15 | chapter 104, the complainant shall be liable for costs and |
| 16 | reasonable attorney's fees incurred in the defense of the person |
| 17 | complained against, including the costs and reasonable |
| 18 | attorney's fees incurred in proving entitlement to and the |
| 19 | amount of costs and fees. If the complainant fails to pay such |
| 20 | costs and fees voluntarily within 30 days following such finding |
| 21 | by the commission, the commission shall forward such information |
| 22 | to the Department of Legal Affairs, which shall bring a civil |
| 23 | action in a court of competent jurisdiction to recover the |
| 24 | amount of such costs and fees awarded by the commission. |
| 25 |
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| 26 | ================ T I T L E A M E N D M E N T ============= |
| 27 | Remove line(s) 169 and insert: |
| 28 | specifying bases for determining probable cause; amending s. |
| 29 | 106.265, F.S.; providing liability of complainants for costs and |
| 30 | reasonable attorney's fees under certain circumstances; |
| 31 | providing for civil actions to collect such costs and fees; |
| 32 | amending |