Florida Senate - 2017                                     SB 898
       
       
        
       By Senator Simmons
       
       
       
       
       
       9-00739-17                                             2017898__
    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         relating to terrorism; specifying a measure of
    5         damages; prohibiting claims by specified individuals;
    6         providing for attorney fees and court costs; providing
    7         construction; 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 facilitating or
   14  furthering terrorism.—
   15         (1) A person who is injured by an act of terrorism as
   16  defined in s. 775.30 or a violation of a law for which the
   17  penalty is increased pursuant to s. 775.31 for facilitating or
   18  furthering terrorism has a cause of action for threefold the
   19  actual damages sustained and, in any such action, is entitled to
   20  minimum damages in the amount of $1,000 and reasonable attorney
   21  fees and court costs in the trial and appellate courts.
   22         (2) A person injured by reason of his or her participation
   23  in the same act or transaction that resulted in the act of
   24  terrorism or resulted in the defendant’s penalty increase
   25  pursuant to s. 775.31 may not bring a claim under this section.
   26         (3) The defendant is entitled to recover reasonable
   27  attorney fees and court costs in the trial and appellate courts
   28  upon a finding that the claimant raised a claim that was without
   29  support in fact or law.
   30         (4) In awarding attorney fees and court costs under this
   31  section, the court may not consider the ability of the opposing
   32  party to pay such fees and court costs.
   33         (5) This section does not limit a right to recover attorney
   34  fees or costs under other provisions of law.
   35         Section 2. This act shall take effect July 1, 2017.