Florida Statute 772.13 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 772
CIVIL REMEDIES FOR CRIMINAL PRACTICES

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F.S. 772.13

772.13 Civil remedy for terrorism or facilitating or furthering terrorism.—

(1) A person who is injured by an act of terrorism as defined in s. 775.30 or a violation of a law for which the penalty is increased pursuant to s. 775.31 for facilitating or furthering terrorism has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $1,000 and reasonable attorney fees and court costs in the trial and appellate courts.

(2) A person injured by reason of his or her participation in the same act or transaction that resulted in the act of terrorism or resulted in the defendant’s penalty increase pursuant to s. 775.31 may not bring a claim under this section.

(3) The defendant is entitled to recover reasonable attorney fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim that was without support in fact or law.

(4) In awarding attorney fees and court costs under this section, the court may not consider the ability of the opposing party to pay such fees and court costs.

(5) This section does not limit a right to recover attorney fees or costs under other provisions of law.

(6)(a) In any postjudgment execution proceedings to enforce a judgment entered under this section or under 18 U.S.C. s. 2333 or a substantially similar law of the United States or of any state or territory of the United States:

1. There is no right to a jury trial under s. 56.18 or s. 77.08; and

2. A defendant or a person may not use the resources of the courts of this state in furtherance of a defense or objection to postjudgment collection proceedings if the defendant or person purposely leaves the jurisdiction of this state or the United States, declines to enter or reenter this state or the United States to submit to its jurisdiction, or otherwise evades the jurisdiction of the court in which a criminal case is pending against the defendant or person. This subparagraph applies to any entity that is owned or controlled by a person to whom this paragraph applies.

(b) Paragraph (a) applies to any judgment collectible under state law and to any civil action pending or filed on or after June 20, 2023.

History.—s. 1, ch. 2017-44; ss. 1, 2, ch. 2023-267.

F.S. 772.13 on Google Scholar

F.S. 772.13 on Casetext

Amendments to 772.13

Arrestable Offenses / Crimes under Fla. Stat. 772.13

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 772.13.

Annotations, Discussions, Cases:

Cases Citing Statute 772.13

Total Results: 5

R. J. Reynolds Tobacco Company v. Andy R. Allen Sr., as Personal Rep. etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-18T00:00:00-07:00

Citation: 228 So. 3d 684

Snippet: than injured her.” Id. at 772. 13 Having determined that

Finch v. Department of Revenue

Court: Fla. Dist. Ct. App. | Date Filed: 2011-07-20T00:00:00-07:00

Citation: 65 So. 3d 1150, 2011 Fla. App. LEXIS 11374, 2011 WL 2848630

Snippet: for the 4th quarter of 2010 was $6875.24 ($20,772-$13,896.76). However, the order does not explain this

Bambu v. EI Dupont De Nemours & Co., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-05-26T00:53:00-07:00

Citation: 881 So. 2d 565

Snippet: was a direct result of a violation of Section 772.013(3)[sic]." As stated above, when the alleged

Rashid v. Newberry Federal Savings & Loan Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 1988-06-14T00:00:00-07:00

Citation: 526 So. 2d 772, 13 Fla. L. Weekly 1418, 1988 Fla. App. LEXIS 2427, 1988 WL 59457

Snippet: Barkdull, Ferguson, Nesbitt 14 June 1988 526 So. 2d 772, 13 Fla. L. Weekly 1418, 1988 Fla. App. LEXIS 2427,

Serviansky v. Department of Professional Regulation, Board of Medicine

Court: Fla. Dist. Ct. App. | Date Filed: 1988-04-19T00:00:00-07:00

Citation: 523 So. 2d 772, 13 Fla. L. Weekly 968, 1988 Fla. App. LEXIS 1519, 1988 WL 34000

Snippet: Ferguson, Hendry, Schwartz 19 April 1988 523 So. 2d 772, 13 Fla. L. Weekly 968, 1988 Fla. App. LEXIS 1519,