Florida Senate - 2016 SB 996
By Senator Negron
32-00932A-16 2016996__
1 A bill to be entitled
2 An act relating to civil remedies for terrorism;
3 creating s. 772.13, F.S.; creating a cause of action
4 for acts relating to terrorism; specifying a measure
5 of damages; prohibiting claims by specified
6 individuals; providing for attorney fees and costs;
7 providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Section 772.13, Florida Statutes, is created to
12 read:
13 772.13 Civil remedy for terrorism or facilitation or
14 furthering terrorism.—
15 (1) Any person who has been injured by reason of an act of
16 terrorism as defined in s. 775.30 or a violation of any law for
17 which the penalty is increased under s. 775.31 for facilitating
18 or furthering terrorism shall have a cause of action for
19 threefold the actual damages sustained and, in any such action,
20 is entitled to minimum damages in the amount of $1,000, and
21 reasonable attorney fees and court costs in the trial and
22 appellate courts.
23 (2) A person injured by reason of his or her participation
24 in the same act or transaction that resulted in the act of
25 terrorism or the defendant’s penalty reclassification pursuant
26 to s. 775.31 may not bring a claim under this section.
27 (3) The defendant shall be entitled to recover reasonable
28 attorney fees and court costs in the trial and appellate courts
29 upon a finding that the claimant raised a claim which was
30 without support in fact or law. In awarding attorney fees and
31 costs under this section, the court shall not consider the
32 ability of the opposing party to pay such fees and costs.
33 (4) Nothing under this section shall be interpreted as
34 limiting any right to recover attorney fees or costs provided
35 under other provisions of law.
36 Section 2. This act shall take effect July 1, 2016.