SB 768 — Attorney Fees

Florida Senate - 2019 CS for SB 768 By Senatorthe PerryCommittee 8-00919-19on 2019768__Judiciary; A bill to be entitled An act relating to attorney fees;

amendingand ss.Senator Perry 590-03697-19 2019768c1 A bill to be entitled An act relating to attorney fees;

784.046amending ands. 784.0485, F.S.;

prohibiting57.105, attorneyF.S.; fee awards in certain injunction proceedings;

prohibiting the awarding of attorney fees for a violation of specified provisions;

providing an exception;

9 Section 1. Paragraph1. Subsection (f)(8) is added to subsection (2) of section 784.046,57.105, Florida Statutes, to read:

784.046 Action57.105 Attorney’s byfee; victim of repeat violence, sexual violence, or dating violence for protective injunction;

datingsanctions violencefor investigations,raising noticeunsupported toclaims victims,or anddefenses; reporting;

pretrialexceptions; release violations;

publicservice records exemption.— (2) There is created a cause of actionmotions; for an injunction for protection in cases of repeat violence, there is created a separate cause of action for an injunction for protection in cases of dating violence, and there is created a separate cause of action for an injunction for protection in cases of sexual violence.

(f) Notwithstandingdamages anyfor otherdelay law,of attorneylitigation.— (8) Attorney fees may not be awarded under this section in anyproceedings proceedingfor underan thisinjunction section.for protection pursuant to s.

Section784.046 2. Paragraphor (d)s. is added to subsection (2) of section 784.0485, Florida Statutes, to read:

784.0485 Stalking;784.0485, unless the court finds by clear and convincing evidence that the petitioner knowingly made a false statement or allegation in the petition in regard to a material matter as defined in s.

injunction;837.011(3).

powersSection and2. Section duties1. This ofact courtshall andtake clerk;effect July 1, 2019.

petition;

notice and hearing;

temporary injunction;

issuance of injunction;

statewide verification system;

enforcement.— (2) (d) Notwithstanding any other law, attorney fees may not be awarded in any proceeding under this section.

Section 3. This act shall take effect July 1, 2019.