Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 250
                        Barcode 805062
                            CHAMBER ACTION
              Senate                               House
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       03/15/2006 03:42 PM         .                    
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11  The Committee on Judiciary (Aronberg) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 6, between lines 25 and 26,
16  
17  insert:
18         Section 3.  Section 772.104, Florida Statutes, is
19  amended to read:
20         772.104  Civil cause of action.--
21         (1)  Any person who proves by clear and convincing
22  evidence that he or she has been injured by reason of any
23  violation of the provisions of s. 772.103 shall have a cause
24  of action for threefold the actual damages sustained and, in
25  any such action, is entitled to minimum damages in the amount
26  of $200, and reasonable attorney's fees and court costs in the
27  trial and appellate courts.
28         (2)  As an alternative to recovery under subsection
29  (1), any person who proves by clear and convincing evidence
30  that he or she has been injured by reason of any violation
31  relating to sex trafficking or human trafficking shall have a
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    12:40 PM   03/14/06                             s0250.ju27.02p

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 250 Barcode 805062 1 cause of action for threefold the amount of profit gained from 2 the sex trafficking or human trafficking. 3 (3) In no event shall punitive damages be awarded 4 under this section. The defendant shall be entitled to recover 5 reasonable attorney's fees and court costs in the trial and 6 appellate courts upon a finding that the claimant raised a 7 claim which was without substantial fact or legal support. In 8 awarding attorney's fees and costs under this section, the 9 court shall not consider the ability of the opposing party to 10 pay such fees and costs. Nothing under this section shall be 11 interpreted as limiting any right to recover attorney's fees 12 or costs provided under other provisions of law. 13 14 15 (Redesignate subsequent sections.) 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 On page 1, line 17, after the semicolon 21 22 insert: amending s. 772.104, F.S.; revising a civil cause of 23 action relating to injuries by reason of criminal activity; 24 providing for alternative damages for violations relating to 25 sex trafficking and human trafficking; 26 27 28 29 30 31 2 12:40 PM 03/14/06 s0250.ju27.02p