Florida 2022 Regular Session

Florida House Bill H0313 Latest Draft

Bill / Comm Sub Version Filed 01/20/2022

                               
 
CS/HB 313  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to tortious interference with a 2 
contract or business relationship; creating s. 68.075, 3 
F.S.; providing definitions; prohibiting a person from 4 
using specified means to intentionally and unjustly 5 
cause the breach or violation of, of the refus al or 6 
failure to perform, a lawful contract or interfere 7 
with or disrupt a business relationship; creating a 8 
civil cause of action for treble damages and other 9 
relief; providing for attorney fees and costs to a 10 
prevailing plaintiff; prohibiting the enforce ment of 11 
certain contracts; providing that the civil remedy 12 
does not preempt any other remedy or cause of action 13 
provided for under any other statute or the common 14 
law; prohibiting a person from obtaining a judgment 15 
under both the civil remedy and the commo n-law remedy 16 
of tortious interference; providing construction; 17 
providing an effective date. 18 
 19 
Be It Enacted by the Legislature of the State of Florida: 20 
 21 
 Section 1.  Section 68.075, Florida Statutes, is created to 22 
read: 23 
 68.075  Tortious interference with a contract or business 24 
relationship; cause of action; damages; attorney fees and 25     
 
CS/HB 313  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
costs.— 26 
 (1)  As used in this section, the term: 27 
 (a)  "Business relationship" has the same meaning as in s. 28 
825.101. 29 
 (b)  "Person" means an individual, corporation, bus iness 30 
trust, estate, trust, partnership, limited liability company, 31 
association, joint venture, club, union, organization, any other 32 
legal or commercial entity, or any other combination of 33 
individuals having collective capacity. 34 
 (2)  It is unlawful for an y person, by inducement, 35 
persuasion, misrepresentation, intimidation, or other unjust 36 
means, to intentionally and unjustly: 37 
 (a)  Cause the breach or violation of, or the refusal or 38 
failure to perform, a lawful contract by any party thereto; or 39 
 (b)  Interfere with or disrupt a business relationship. 40 
 (3)  Any person injured as a result of a violation of this 41 
section may bring a civil cause of action for treble damages, 42 
injunctive relief, or any other appropriate relief in law or 43 
equity. The court may issue a temporary or permanent injunction 44 
to prevent a violation of this section. The issuance of an 45 
injunction does not affect the availability of damages under 46 
this section. The court shall award a prevailing plaintiff 47 
reasonable attorney fees and costs. 48 
 (4) A civil cause of action may not be brought under this 49 
section for the enforcement of a contract under s. 542.335. 50     
 
CS/HB 313  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0313-01-c1 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
 (5)  The civil remedy in this section does not preempt any 51 
other remedy or cause of action provided for under any other 52 
statute or the common law. Any person may obtain a judgment 53 
under either the common -law remedy of tortious interference or 54 
the civil remedy in this section but may not obtain a judgment 55 
under both remedies. 56 
 (6)  This section does not create a common-law cause of 57 
action. 58 
 Section 2.  This act shall take effect July 1, 2022. 59