CS/HB 829 2022
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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 civil actions for deprivation of 2
rights, privileges, or immunities; creating s. 760.52, 3
F.S.; providing a cause of action for the deprivation 4
of certain rights, privileges, or immunities under the 5
State Constitution; prohibiting injunctive relief 6
under certain circumstances; providing that the 7
plaintiff is considered the prevailing party under 8
certain circumstances; providing for damages and 9
reasonable attorney fees and costs, including expert 10
witness fees and contingency fees; providing that 11
interest accrues on a judgement beginning on a certain 12
date; providing a waiver of sovereign immunity under 13
certain circumstances; providing an effective da te. 14
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Be It Enacted by the Legislature of the State of Florida: 16
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Section 1. Section 760.52, Florida Statutes, is created to 18
read: 19
760.52 Civil action for deprivation of rights, privileges, 20
or immunities.— 21
(1) It is unlawful for a person to, unde r color of law, 22
including under any statute, ordinance, regulation, measure, 23
directive, rule, enactment, order, or policy, whether written or 24
unwritten: 25
CS/HB 829 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) Promulgate or cause to be enforced any statute, 26
ordinance, regulation, measure, directive, rule, enactment, 27
order, or policy, whether written or unwritten, that deprives 28
any resident of the state or other person within the 29
jurisdiction thereof of any rights, privileges, or immunities 30
secured by s. 3, s. 4, s. 5, or s. 8, Art. I of the State 31
Constitution; or 32
(b) Otherwise cause any resident of the state or other 33
person within the jurisdiction thereof to be subjected to the 34
deprivation of any rights, privileges, or immunities secured by 35
s. 3, s. 4, s. 5, or s. 8, Art. I of the State Constitution. 36
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A person who violates this subsection is liable to the injured 38
party in an action at law, suit in equity, or other proper 39
proceeding for redress. However, injunctive relief may not be 40
granted in an action brought against a judicial officer for an 41
act or omission taken in such officer's judicial capacity unless 42
a declaratory decree is violated or declaratory relief is 43
unavailable. 44
(2) If a defendant substantially modifies or repeals a 45
statute, ordinance, regulation, measure, directive, rule, 46
enactment, order, or policy, whether written or unwritten, with 47
or without court action, after a complaint has been filed 48
alleging a violation of this section based on such statute, 49
ordinance, regulation, measure, directive, rule, enactment, 50
CS/HB 829 2022
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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
order, or policy, the plaintiff is considered the prevailing 51
party for purposes of this section. 52
(3) In an action or proceeding brought under this section: 53
(a) The court may award a prevailing plaintiff any or all 54
of the following, as appropriate: 55
1. Compensatory damages. 56
2. Nominal damages. 57
3. Punitive damages. 58
(b) The court shall award a prevailing plaintiff 59
reasonable attorney fees and costs, which may include a 60
contingency fee multiplier as authorized by law, and expert 61
witness fees. 62
(4) Interest on the sums awarded by the court begins on 63
the date the plaintiff filed the complaint with the clerk of 64
court 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, fo r 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. 71