Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2704
                        Barcode 355022
                            CHAMBER ACTION
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11  The Committee on Judiciary (Geller) recommended the following
12  amendment to amendment (164840):
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14         Senate Amendment (with title amendment) 
15         On page 8, lines 8-15, delete those lines
16  
17  and insert:  
18         874.06  Civil cause of action.--
19         (1)  A person or organization establishing, by clear
20  and convincing evidence, coercion, intimidation, threats, or
21  other harm to that person or organization in violation of this
22  chapter has a civil cause of action for treble damages, an
23  injunction, or any other appropriate relief in law or equity.
24  Upon prevailing, the plaintiff may recover reasonable
25  attorney's fees and costs in the trial and appellate courts
26  and the costs of investigation and litigation, reasonably
27  incurred.
28         (2)  The state, including any of its agencies,
29  instrumentalities, subdivisions, or municipalities, has a
30  civil cause of action against any person or organization if it
31  proves by clear and convincing evidence that it has been
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    8:05 AM   04/23/07                             s2704c-ju31-tc5

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2704 Barcode 355022 1 injured by reason of a violation of this chapter by the person 2 or organization. The state has a civil cause of action for 3 treble damages, injunctive relief, or any other relief in law 4 or equity which the court deems appropriate. If the state 5 prevails, it may also recover attorney's fees in the trial and 6 appellate courts and the costs of investigation and litigation 7 which are reasonably incurred. The state may not recover 8 punitive damages. The defendant is entitled to recover 9 reasonable attorney's fees and court costs if the court finds 10 that the state raised a claim that was without factual or 11 legal support. 12 (3) A prevailing plaintiff under subsection (1) has a 13 right or claim that is superior to any right or claim that the 14 state has in the same property or proceeds. 15 (4) A person who knowingly violates a temporary or 16 permanent order issued under this section commits a 17 misdemeanor of the first degree punishable as provided in s. 18 775.082 or s. 775.083. 19 20 21 ================ T I T L E A M E N D M E N T =============== 22 And the title is amended as follows: 23 On page 40, lines 22 and 23, delete those lines 24 25 and insert: 26 the state to bring civil actions for certain 27 violations; providing that a plaintiff has a 28 superior claim to property or proceeds; 29 amending s. 874.08, F.S.; 30 31 2 8:05 AM 04/23/07 s2704c-ju31-tc5