Florida Senate - 2022                                    SB 1342
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-01401-22                                           20221342__
    1                        A bill to be entitled                      
    2         An act relating to civil actions for deprivation of
    3         rights, privileges, or immunities; creating s. 760.52,
    4         F.S.; providing a cause of action for the deprivation
    5         of certain rights, privileges, or immunities under the
    6         State Constitution; prohibiting injunctive relief
    7         under certain circumstances; providing that the
    8         plaintiff is considered the prevailing party under
    9         certain circumstances; providing for damages and
   10         reasonable attorney fees and costs, including
   11         contingency fees and expert witness fees; providing
   12         that interest accrues on a judgement beginning on a
   13         certain date; providing a waiver of sovereign immunity
   14         under certain circumstances; providing an effective
   15         date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 760.52, Florida Statutes, is created to
   20  read:
   21         760.52 Civil action for deprivation of rights, privileges,
   22  or immunities.—
   23         (1) It is unlawful for a person to, under color of law,
   24  including under any statute, ordinance, regulation, measure,
   25  directive, rule, enactment, order, or policy, whether written or
   26  unwritten:
   27         (a) Promulgate or cause to be enforced any statute,
   28  ordinance, regulation, measure, directive, rule, enactment,
   29  order, or policy, whether written or unwritten, that deprives
   30  any resident of the state or other person within the
   31  jurisdiction thereof of any rights, privileges, or immunities
   32  secured by the State Constitution; or
   33         (b) Otherwise cause any resident of the state or other
   34  person within the jurisdiction thereof to be subjected to the
   35  deprivation of any rights, privileges, or immunities secured by
   36  the State Constitution.
   37  
   38  A person who violates this subsection is liable to the injured
   39  party in an action at law, suit in equity, or other proper
   40  proceeding for redress. However, injunctive relief may not be
   41  granted in an action brought against a judicial officer for an
   42  act or omission taken in such officer’s judicial capacity unless
   43  a declaratory decree is violated or declaratory relief is
   44  unavailable.
   45         (2) If a defendant substantially modifies or repeals a
   46  statute, ordinance, regulation, measure, directive, rule,
   47  enactment, order, or policy, whether written or unwritten, with
   48  or without court action, after a complaint has been filed
   49  alleging a violation of this section based on such statute,
   50  ordinance, regulation, measure, directive, rule, enactment,
   51  order, or policy, the plaintiff is considered the prevailing
   52  party for purposes of this section.
   53         (3) In an action or proceeding brought under this section:
   54         (a) The court may award a prevailing plaintiff any or all
   55  of the following, as appropriate:
   56         1. Compensatory damages.
   57         2. Nominal damages.
   58         3. Punitive damages.
   59         (b) The court shall award a prevailing plaintiff reasonable
   60  attorney fees and costs, which may include a contingency fee
   61  multiplier as authorized by law, and expert witness fees.
   62         (4) Interest on the sums awarded by the court begins on the
   63  date the plaintiff filed the complaint with the clerk of court
   64  and accrues at the legal rate set forth in s. 55.03.
   65         (5) In accordance with s. 13, Art. X of the State
   66  Constitution, the state, for itself and for its agencies or
   67  political subdivisions, waives sovereign immunity for causes of
   68  action brought under this section, but only to the extent
   69  specified herein.
   70         Section 2. This act shall take effect July 1, 2022.