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






    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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    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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