Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 250
Barcode 805062
CHAMBER ACTION
Senate House
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03/15/2006 03:42 PM .
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11 The Committee on Judiciary (Aronberg) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 On page 6, between lines 25 and 26,
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17 insert:
18 Section 3. Section 772.104, Florida Statutes, is
19 amended to read:
20 772.104 Civil cause of action.--
21 (1) Any person who proves by clear and convincing
22 evidence that he or she has been injured by reason of any
23 violation of the provisions of s. 772.103 shall have a cause
24 of action for threefold the actual damages sustained and, in
25 any such action, is entitled to minimum damages in the amount
26 of $200, and reasonable attorney's fees and court costs in the
27 trial and appellate courts.
28 (2) As an alternative to recovery under subsection
29 (1), any person who proves by clear and convincing evidence
30 that he or she has been injured by reason of any violation
31 relating to sex trafficking or human trafficking shall have a
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12:40 PM 03/14/06 s0250.ju27.02p
Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 250
Barcode 805062
1 cause of action for threefold the amount of profit gained from
2 the sex trafficking or human trafficking.
3 (3) In no event shall punitive damages be awarded
4 under this section. The defendant shall be entitled to recover
5 reasonable attorney's fees and court costs in the trial and
6 appellate courts upon a finding that the claimant raised a
7 claim which was without substantial fact or legal support. In
8 awarding attorney's fees and costs under this section, the
9 court shall not consider the ability of the opposing party to
10 pay such fees and costs. Nothing under this section shall be
11 interpreted as limiting any right to recover attorney's fees
12 or costs provided under other provisions of law.
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15 (Redesignate subsequent sections.)
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18 ================ T I T L E A M E N D M E N T ===============
19 And the title is amended as follows:
20 On page 1, line 17, after the semicolon
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22 insert: amending s. 772.104, F.S.; revising a civil cause of
23 action relating to injuries by reason of criminal activity;
24 providing for alternative damages for violations relating to
25 sex trafficking and human trafficking;
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