FL
Florida House Bill H0829

Florida 2022 Regular Session

Florida House Bill H0829 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to civil actions for deprivation of 2
1616 rights, privileges, or immunities; creating s. 760.52, 3
1717 F.S.; providing a cause of action for the deprivation 4
1818 of certain rights, privileges, or immunities under the 5
1919 State Constitution; prohibiting injunctive relief 6
2020 under certain circumstances; providing that the 7
2121 plaintiff is considered the prevailing party under 8
2222 certain circumstances; providing for damages and 9
2323 reasonable attorney fees and costs, including expert 10
2424 witness fees and contingency fees; providing that 11
2525 interest accrues on a judgement beginning on a certain 12
2626 date; providing a waiver of sovereign immunity under 13
2727 certain circumstances; providing an effective da te. 14
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2929 Be It Enacted by the Legislature of the State of Florida: 16
3030 17
3131 Section 1. Section 760.52, Florida Statutes, is created to 18
3232 read: 19
3333 760.52 Civil action for deprivation of rights, privileges, 20
3434 or immunities.— 21
3535 (1) It is unlawful for a person to, unde r color of law, 22
3636 including under any statute, ordinance, regulation, measure, 23
3737 directive, rule, enactment, order, or policy, whether written or 24
3838 unwritten: 25
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4747 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
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5151 (a) Promulgate or cause to be enforced any statute, 26
5252 ordinance, regulation, measure, directive, rule, enactment, 27
5353 order, or policy, whether written or unwritten, that deprives 28
5454 any resident of the state or other person within the 29
5555 jurisdiction thereof of any rights, privileges, or immunities 30
56-secured by s. 3, s. 4, s. 5, or s. 8, Art. I of the State 31
57-Constitution; or 32
58- (b) Otherwise cause any resident of the state or other 33
59-person within the jurisdiction thereof to be subjected to the 34
60-deprivation of any rights, privileges, or immunities secured by 35
61-s. 3, s. 4, s. 5, or s. 8, Art. I of the State Constitution. 36
62- 37
63-A person who violates this subsection is liable to the injured 38
64-party in an action at law, suit in equity, or other proper 39
65-proceeding for redress. However, injunctive relief may not be 40
66-granted in an action brought against a judicial officer for an 41
67-act or omission taken in such officer's judicial capacity unless 42
68-a declaratory decree is violated or declaratory relief is 43
69-unavailable. 44
70- (2) If a defendant substantially modifies or repeals a 45
71-statute, ordinance, regulation, measure, directive, rule, 46
72-enactment, order, or policy, whether written or unwritten, with 47
73-or without court action, after a complaint has been filed 48
74-alleging a violation of this section based on such statute, 49
75-ordinance, regulation, measure, directive, rule, enactment, 50
56+secured by the State Constitution; or 31
57+ (b) Otherwise cause any resi dent of the state or other 32
58+person within the jurisdiction thereof to be subjected to the 33
59+deprivation of any rights, privileges, or immunities secured by 34
60+the State Constitution. 35
61+ 36
62+A person who violates this subsection is liable to the injured 37
63+party in an action at law, suit in equity, or other proper 38
64+proceeding for redress. However, injunctive relief may not be 39
65+granted in an action brought against a judicial officer for an 40
66+act or omission taken in such officer's judicial capacity unless 41
67+a declaratory decree i s violated or declaratory relief is 42
68+unavailable. 43
69+ (2) If a defendant substantially modifies or repeals a 44
70+statute, ordinance, regulation, measure, directive, rule, 45
71+enactment, order, or policy, whether written or unwritten, with 46
72+or without court action, aft er a complaint has been filed 47
73+alleging a violation of this section based on such statute, 48
74+ordinance, regulation, measure, directive, rule, enactment, 49
75+order, or policy, the plaintiff is considered the prevailing 50
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8484 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
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88-order, or policy, the plaintiff is considered the prevailing 51
89-party for purposes of this section. 52
90- (3) In an action or proceeding brought under this section: 53
91- (a) The court may award a prevailing plaintiff any or all 54
92-of the following, as appropriate: 55
93- 1. Compensatory damages. 56
94- 2. Nominal damages. 57
95- 3. Punitive damages. 58
96- (b) The court shall award a prevailing plaintiff 59
97-reasonable attorney fees and costs, which may include a 60
98-contingency fee multiplier as authorized by law, and expert 61
99-witness fees. 62
100- (4) Interest on the sums awarded by the court begins on 63
101-the date the plaintiff filed the complaint with the clerk of 64
102-court and accrues at the legal rate set forth in s. 55.03. 65
103- (5) In accordance with s. 13, Art. X of the State 66
104-Constitution, the state, fo r itself and for its agencies or 67
105-political subdivisions, waives sovereign immunity for causes of 68
106-action brought under this section, but only to the extent 69
107-specified herein. 70
108- Section 2. This act shall take effect July 1, 2022. 71
88+party for purposes of this section. 51
89+ (3) In an action or proceeding brought under this section: 52
90+ (a) The court may award a prevailing plaintiff any or all 53
91+of the following, as appropriate: 54
92+ 1. Compensatory damages. 55
93+ 2. Nominal damages. 56
94+ 3. Punitive damages. 57
95+ (b) The court shall award a prevailing plaintiff 58
96+reasonable attorney fees and costs, which may include a 59
97+contingency fee multiplier as authorized by law, and expert 60
98+witness fees. 61
99+ (4) Interest on the sums awarded by the court begins on 62
100+the date the plaintiff filed the complaint with the clerk of 63
101+court and accrues at the legal rate set forth in s. 55.03. 64
102+ (5) In accordance with s. 13, Art. X of the State 65
103+Constitution, the state, for itself and for its agencies or 66
104+political subdivisions, waives sovereign immunity for causes of 67
105+action brought under this section, but only to the extent 68
106+specified herein. 69
107+ Section 2. This act shall take effect July 1, 2022. 70