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.