House Bill 3579
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3579
By Representatives Crist, Futch, Ball, Lynn, Trovillion,
Bainter, Flanagan, Putnam, Harrington, Villalobos, Morse,
Wallace, Byrd, King, Murman, Littlefield, Argenziano, Bloom,
Fasano, Melvin, Crady, Kelly, Jones, Jacobs, Cosgrove, Garcia
and Rodriguez-Chomat
1 A bill to be entitled
2 An act relating to claims for damages occurring
3 to a person engaged in criminal conduct;
4 creating the "Crime Victim's Protection Act";
5 creating s. 960.298, F.S.; barring recovery of
6 damages for personal injury or injury to
7 property in cases when the claimant has
8 incurred the damages while engaged in certain
9 criminal conduct and seeks recovery from the
10 person or other entity that was the victim or
11 object of the claimant's criminal conduct;
12 providing for the court to stay the civil
13 action during the pendency of the criminal
14 action which forms the basis for the defense;
15 providing an exception; providing for award of
16 attorney's fees, costs, and other expenses to
17 the victim or object of the claimant's criminal
18 conduct when the recovery is barred; providing
19 a definition; providing for applicability;
20 providing an effective date.
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22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. This act shall be cited as the "Crime
25 Victim's Protection Act."
26 Section 2. Section 960.298, Florida Statutes, is
27 created to read:
28 960.298 Recovery for injuries barred by claimant's
29 criminal conduct.--
30 (1) In any action to recover damages for personal
31 injury or injury to property, in the event that the personal
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Florida House of Representatives - 1998 HB 3579
537-183A-98
1 injury or injury to property occurred while the claimant was
2 engaged in conduct which constitutes a felony, or a
3 misdemeanor involving violence under the laws of this state,
4 or immediate flight therefrom and thereafter a conviction for
5 an offense arising out of such conduct was obtained against
6 the claimant, such criminal conduct shall bar recovery from
7 the person or other entity that was the victim or object of
8 the claimant's criminal conduct.
9 (2) Any civil action in which the defense recognized
10 by this section is raised shall be stayed by the court on the
11 motion of the civil defendant during the pendency of any
12 criminal action which forms the basis for the defense, unless
13 the court finds that a conviction in the criminal action would
14 not form a valid defense under this section.
15 (3) If recovery is barred by this section, the court
16 shall award reasonable attorney's fees, costs, and other
17 expenses to the civil defendant that was the victim or object
18 of the claimant's criminal conduct, including, but not limited
19 to, necessary travel expenses and other expenses incurred by
20 the civil defendant and the civil defendant's witnesses.
21 (4) As used in this section, the term "conviction"
22 means a determination of guilt that is the result of a plea or
23 a trial, regardless of whether adjudication is withheld.
24 Section 3. This act shall take effect upon becoming a
25 law, and shall apply to injuries occurring on or after that
26 date.
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3579
537-183A-98
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2 HOUSE SUMMARY
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Creates the "Crime Victim's Protection Act." Bars
4 recovery of damages for personal injury or injury to
property from the person or other entity that was the
5 victim or object of the claimant's criminal conduct, in
cases when the claimant incurred the damages while
6 engaged in certain criminal conduct. Provides for the
court to stay the civil action during the pendency of the
7 criminal action which forms the basis for the defense.
Provides an exception. Provides for award of attorney's
8 fees, costs, and other expenses to the victim or object
of the claimant's criminal conduct when the recovery is
9 barred.
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