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House Bill 0021




    Florida House of Representatives - 1997                  HB 21

        By Representative Crow






  1                      A bill to be entitled

  2         An act relating to civil actions; amending s.

  3         776.085, F.S.; prohibiting recovery for damages

  4         by a person who, with criminal intent, has

  5         entered another's property or committed a crime

  6         against another's person or property; providing

  7         exceptions; providing for nonapplicability of

  8         specified provisions when the person committing

  9         or attempting to commit the crime has "clearly

10         retreated," as defined, from the criminal

11         activity; providing an effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Subsection (5) is added to section 776.085,

16  Florida Statutes, to read:

17         776.085  Defense to civil action for damages; party

18  convicted of forcible or attempted forcible felony.--

19         (5)(a)  Any person who, with criminal intent, enters

20  the property of another or commits a crime against the person

21  or property of another may not recover any damages to his or

22  her person or property except as required by a court order of

23  restitution in a related criminal action, unless that person

24  can prove by clear and convincing evidence that:

25         1.  His or her actions did not constitute a forcible

26  felony; and

27         2.  His or her culpability was less than the person

28  from whom recovery is sought.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1997                  HB 21

    568-115-97






  1  This paragraph does not apply if the person committing or

  2  attempting to commit the crime has clearly retreated from the

  3  criminal activity.

  4         (b)  "Clearly retreated" means that the person

  5  committing the criminal act has fully, clearly, and

  6  immediately ceased all hostile, threatening, violent, or

  7  criminal behavior or activity.

  8         Section 2.  This act shall take effect July 1, 1997.

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11                          HOUSE SUMMARY

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      Provides for defense to civil action for damages
13    resulting from commission of crime, under certain
      circumstances.  Provides exceptions.  Provides for
14    nonapplicability of the defense when the person
      committing or attempting to commit the crime has "clearly
15    retreated," as defined, from the criminal activity.

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