Florida Statutes
Fla. Stat. § 870.07 (2025)
Affirmative defense in civil action; party convicted of riot.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2021–2021 · leading case: Dream Defenders v. Desantis (N.D. Fla. 2021).
Dream Defenders v. Desantis (N.D. Fla. 2021). “” § 870.07(1), Fla. Stat. (2021). To establish this new defense, a party may either show “that the participant has been convicted of a riot or an aggravated riot .”
— 870.07(1) — 1 case
Dream Defenders v. Desantis (N.D. Fla. 2021). “” § 870.07(1), Fla. Stat. (2021). To establish this new defense, a party may either show “that the participant has been convicted of a riot or an aggravated riot .”
— 870.07(2) — 1 case
Dream Defenders v. Desantis (N.D. Fla. 2021). “” § 870.07(1), Fla. Stat. (2021). To establish this new defense, a party may either show “that the participant has been convicted of a riot or an aggravated riot .”
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