Senate Bill 0206c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 206
By the Committee on Judiciary and Senator Crist
308-2138-98
1 A bill to be entitled
2 An act relating to civil liability arising from
3 criminal conduct; amending s. 776.085, F.S.;
4 barring recovery of damages for personal injury
5 or injury to property in cases in which the
6 claimant has incurred damages while engaged in
7 certain criminal conduct; providing for the
8 court to award attorney's costs and travel
9 expenses to the prevailing party in any such
10 case; providing an effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Section 776.085, Florida Statutes, is
15 amended to read:
16 776.085 Defense to civil action for damages; party
17 committed convicted of forcible or attempted to commit a
18 forcible felony or misdemeanor involving violence.--
19 (1) It shall be a defense to any action for damages
20 for personal injury or wrongful death, or for injury to
21 property, that such action arose from injury sustained by a
22 participant during the commission or attempted commission of a
23 forcible felony or misdemeanor involving violence, including,
24 but not limited to, battery and domestic violence. The defense
25 authorized by this section shall be established by evidence
26 that the participant has committed a been convicted of such
27 forcible felony or misdemeanor involving violence, including,
28 but not limited to, battery and domestic violence, or
29 attempted to commit a forcible felony or misdemeanor involving
30 violence, including, but not limited to, battery and domestic
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 206
308-2138-98
1 violence, or by proof of the commission of such crime or
2 attempted crime by a preponderance of the evidence.
3 (2) For the purposes of this section, the term
4 "forcible felony" shall have the same meaning as in s. 776.08.
5 (2)(3) Any civil action in which the defense
6 recognized by this section is raised shall be stayed by the
7 court on the motion of the civil defendant during the pendency
8 of any criminal action which forms the basis for the defense,
9 unless the court finds that a conviction in the criminal
10 action would not form a valid defense under this section.
11 (3)(4) In any civil action where a party prevails
12 based on the defense created by this section:
13 (a) The losing party, if convicted of and incarcerated
14 for the crime or attempted crime, shall, as determined by the
15 court, lose any privileges provided by the correctional
16 facility, including, but not limited to:
17 1. Canteen purchases;
18 2. Telephone access;
19 3. Outdoor exercise;
20 4. Use of the library; and
21 5. Visitation.
22 (b) The court shall award a reasonable attorney's fees
23 and costs, including reasonable travel expenses, fee to be
24 paid to the prevailing party in equal amounts by the losing
25 party and the losing party's attorney; however, the losing
26 party's attorney is not personally responsible if he or she
27 has acted in good faith, based on the representations of his
28 or her client. If the losing party is incarcerated for the
29 crime or attempted crime and has insufficient assets to cover
30 payment of the costs of the action and the award of fees
31 pursuant to this paragraph, the party shall, as determined by
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 206
308-2138-98
1 the court, be required to pay by deduction from any payments
2 the prisoner receives while incarcerated.
3 (c) If the losing party is incarcerated for the crime
4 or attempted crime, the court shall issue a written order
5 containing its findings and ruling pursuant to paragraphs (a)
6 and (b) and shall direct that a certified copy be forwarded to
7 the appropriate correctional institution or facility.
8 Section 2. This act shall take effect July 1, 1998.
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10 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
11 Senate Bill 206
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13 The Committee Substitute for Senate Bill 206 amends s.
776.085, F.S., in the following ways:
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- It provides a defense to civil actions arising out of the
15 commission of any felony or violent misdemeanor; and
16 - It provides costs and fees and reasonable travel expenses
to prevailing parties.
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