(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’s fees, expenses, and costs.

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   (2) If the court awards the person bringing the action proceeds under this act, the person shall also be awarded an amount for reasonable attorney’s fees and costs. Payment for reasonable attorney’s fees and costs shall be made from the recovered proceeds before the distribution of any award.

   (3) 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’s fees and costs 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.

   (4) No liability shall be incurred by the state government, the affected agency, or the department for any expenses, attorney’s fees, or other costs incurred by any person in bringing or defending an action under this act.

s. 6, ch. 94-316; s. 2, ch. 2009-193; s. 3, ch. 2009-223