Senate Bill sb1802

    Florida Senate - 2002                                  SB 1802

    By Senator Peaden





    1-1344-02                                           See HB 783

  1                      A bill to be entitled

  2         An act relating to assessment of damages after

  3         dissolution of an injunction; amending s.

  4         60.07, F.S.; providing that in the absence of

  5         an injunction bond, any damages recovered on

  6         dissolution of the injunction shall be subject

  7         to the waiver of sovereign immunity limits as

  8         described in s. 768.28, F.S.; providing an

  9         effective date.

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

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13         Section 1.  Section 60.07, Florida Statutes, is amended

14  to read:

15         60.07  Assessment of damages after dissolution.--In

16  injunction actions, on dissolution, the court may hear

17  evidence and assess damages to which a defendant may be

18  entitled under any injunction bond, eliminating the necessity

19  for an action on the injunction bond if no party has requested

20  a jury trial on damages. In the absence of a bond, any damages

21  recovered on dissolution of the injunction shall be subject to

22  the limitations of s. 768.28(5). The posting of an injunction

23  bond shall not be deemed a waiver of sovereign immunity under

24  s. 768.28.

25         Section 2.  This act shall take effect July 1, 2002.

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    Florida Senate - 2002                                  SB 1802
    1-1344-02                                           See HB 783




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  2                          HOUSE SUMMARY

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      Revises a provision of law governing assessment of
  4    damages after dissolution of an injunction to provide
      that in the absence of an injunction bond any damages
  5    recovered on dissolution of the injunction shall be
      subject to the provision of law governing waiver of
  6    sovereign immunity, provided that the posting of an
      injunction bond shall not be deemed a waiver of sovereign
  7    immunity.

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