| 1 | A bill to be entitled |
| 2 | An act relating to civil causes of action under the |
| 3 | Criminal Street Gang Prevention Act of 1996; amending s. |
| 4 | 874.06, F.S.; providing for recovery of the costs of |
| 5 | investigation and litigation; authorizing municipalities |
| 6 | and the state or its agencies or subdivisions to bring a |
| 7 | civil action for certain violations of ch. 874, F.S.; |
| 8 | providing that a prevailing plaintiff has a claim to |
| 9 | property or proceeds which is superior to that of the |
| 10 | state or its agencies or subdivisions; providing an |
| 11 | effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Section 874.06, Florida Statutes, is amended to |
| 16 | read: |
| 17 | 874.06 Civil cause of action.-- |
| 18 | (1) A person or organization establishing, by clear and |
| 19 | convincing evidence, coercion, intimidation, threats, or other |
| 20 | harm to that person or organization in violation of this chapter |
| 21 | has a civil cause of action for treble damages, an injunction, |
| 22 | or any other appropriate relief in law or equity. Upon |
| 23 | prevailing, the plaintiff may recover reasonable attorney's fees |
| 24 | in the trial and appellate courts and reasonably incurred costs |
| 25 | of investigation and litigation and costs. |
| 26 | (2) The state, including any of its agencies, |
| 27 | instrumentalities, subdivisions, or municipalities, has a civil |
| 28 | cause of action against any person or organization if it proves |
| 29 | by clear and convincing evidence that it has been injured by |
| 30 | reason of a violation of this chapter by the person or |
| 31 | organization. The state has a civil cause of action for treble |
| 32 | damages, injunctive relief, or any other relief in law or equity |
| 33 | which the court deems appropriate. If the state prevails, it may |
| 34 | also recover attorney's fees in the trial and appellate courts |
| 35 | and the costs of investigation and litigation which are |
| 36 | reasonably incurred. The state may not recover punitive damages. |
| 37 | The defendant is entitled to recover reasonable attorney's fees |
| 38 | and court costs if the court finds that the state raised a claim |
| 39 | that was without factual or legal support. |
| 40 | (3) A prevailing plaintiff under subsection (1) has a |
| 41 | right or claim that is superior to any right or claim that the |
| 42 | state has in the same property or proceeds. |
| 43 | (4) A person who knowingly violates a temporary or |
| 44 | permanent order issued under this section commits a misdemeanor |
| 45 | of the first degree punishable as provided in s. 775.082 or s. |
| 46 | 775.083. |
| 47 | Section 2. This act shall take effect July 1, 2008. |