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A bill to be entitled

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An act relating to civil causes of action under the

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Criminal Street Gang Prevention Act of 1996; amending s.

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874.06, F.S.; providing for recovery of the costs of

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investigation and litigation; authorizing municipalities

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and the state or its agencies or subdivisions to bring a

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civil action for certain violations of ch. 874, F.S.;

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providing that a prevailing plaintiff has a claim to

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property or proceeds which is superior to that of the

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state or its agencies or subdivisions; providing an

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effective date.

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

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     Section 1.  Section 874.06, Florida Statutes, is amended to

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read:

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     874.06  Civil cause of action.--

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     (1) A person or organization establishing, by clear and

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convincing evidence, coercion, intimidation, threats, or other

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harm to that person or organization in violation of this chapter

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has a civil cause of action for treble damages, an injunction, or

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any other appropriate relief in law or equity. Upon prevailing,

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the plaintiff may recover reasonable attorney's fees in the trial

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and appellate courts and reasonably incurred costs of

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investigation and litigation and costs.

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     (2) The state, including any of its agencies,

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instrumentalities, subdivisions, or municipalities, has a civil

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cause of action against any person or organization if it proves

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by clear and convincing evidence that it has been injured by

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reason of a violation of this chapter by the person or

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organization. The state has a civil cause of action for treble

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damages, injunctive relief, or any other relief in law or equity

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which the court deems appropriate. If the state prevails, it may

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also recover attorney's fees in the trial and appellate courts

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and the costs of investigation and litigation which are

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reasonably incurred. The state may not recover punitive damages.

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The defendant is entitled to recover reasonable attorney's fees

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and court costs if the court finds that the state raised a claim

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that was without factual or legal support.

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     (3) A prevailing plaintiff under subsection (1) has a right

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or claim that is superior to any right or claim that the state

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has in the same property or proceeds.

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     (4) A person who knowingly violates a temporary or

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permanent order issued under this section commits a misdemeanor

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of the first degree punishable as provided in s. 775.082 or s.

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775.083.

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     Section 2.  This act shall take effect July 1, 2008.