Florida Statute 870.07 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 870
AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES

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F.S. 870.07

870.07 Affirmative defense in civil action; party convicted of riot.—

(1) In a civil action for damages for personal injury, wrongful death, or property damage, it is an affirmative defense that such action arose from an injury or damage sustained by a participant acting in furtherance of a riot. The affirmative defense authorized by this section shall be established by evidence that the participant has been convicted of a riot or an aggravated riot prohibited under s. 870.01, or by proof of the commission of such crime by a preponderance of the evidence.

(2) In a civil action in which a defendant raises an affirmative defense under this section, the court must, on motion by the defendant, stay the action during the pendency of a criminal action that forms the basis for the defense, unless the court finds that a conviction in the criminal action would not form a valid defense under this section.

History.—s. 18, ch. 2021-6.

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Amendments to 870.07

Arrestable Offenses / Crimes under Fla. Stat. 870.07

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 870.07.

Annotations, Discussions, Cases:

Cases Citing Statute 870.07

Total Results: 1

Miller v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1991-01-22T23:53:00-08:00

Citation: 573 So. 2d 405

Snippet: Punishment in Case of Prior Conviction, 11 A.L.R.2d 870 § 7 (1950). One line of authority, which the trial