Any person who proves by clear and convincing evidence
that he has been injured by reason of any violation of the
provisions of s. 772.103 shall have a cause of action for threefold
the actual damages sustained and, in any such action, is entitled
to minimum damages in the amount of $200, and reasonable attorney's
fees and court costs in the trial and appellate courts. In no
event shall punitive damages be awarded under this section. The
defendant shall be entitled to recover reasonable attorney's fees
and court costs in the trial and appellate courts upon a finding
that the claimant raised a claim which was without substantial fact
or legal support. In awarding attorney's fees and costs under
this section, the court shall not consider the ability of the
opposing party to pay such fees and costs. Nothing under this
section shall be interpreted as limiting any right to recover
attorney's fees or costs provided under other provisions of
law.
History: s. 3, ch. 86-277.