Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2704
Barcode 355022
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Judiciary (Geller) recommended the following
12 amendment to amendment (164840):
13
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
1
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