Florida Statutes

Fla. Stat. § 877.01 (2025)

Instigation of litigation; penalty.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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877.01 Instigation of litigation; penalty.
(1) Whoever gives, promises, offers or conspires to give, promise, or offer, to anyone any bribe, money, goods, presents, reward, or any valuable thing whatsoever with the intent and purpose of stirring up strife and litigation; or with intent and purpose of assisting, seeking out, influencing, or advising the accused, sick, injured, uninformed, or others to bring suit or seek professional legal services or advice, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) Whoever, in any way, solicits, receives or accepts or agrees to receive or accept, or who conspires to receive or accept, any bribe, money, goods, presents, reward, or any valuable thing whatsoever, or any promise, contract, or agreement whatsoever, with the intent and purpose of stirring up strife and litigation; or with the intent or purpose of seeking out, influencing, assisting, or advising the accused, sick, injured, uninformed, or others to bring suit, or seek professional legal services, counsel, or advice, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Any person violating the provisions of this section shall not be privileged from testifying, but if the person does testify in response to a subpoena issued by the state attorney or court having jurisdiction of such offense, nothing said by the person in his or her testimony shall be admissible in any civil or criminal action against him or her, nor shall the person be subjected to any penalty or forfeiture for or on account of any such testimony or evidence so given or produced.
(4) Nothing herein shall apply to the division of legal fees by and between attorneys at law.
(5) This section shall be taken to be cumulative and shall not be construed to amend or repeal any other valid law, code, ordinance, rule, or penalty now in effect.
History.ss. 1-5, ch. 59-381; s. 1145, ch. 71-136; s. 34, ch. 73-334; s. 1424, ch. 97-102.

Arrestable Offenses under F.S. 877.01

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§877.01BRIBEGIVE/SOLICIT BRIBE INSTIGATE LITIGATIONM · 1st
Notes of Decisions
Cited in 1 case, 1979–1979 · leading case: Clive v. Schroff, 375 So. 2d 1157 (Fla. 1st DCA 1979).
Clive v. Schroff, 375 So. 2d 1157 (Fla. 1st DCA 1979). · cites it 6× “Appellants’ contention is that appel-lee/Schroff, a plaintiff in an earlier suit, successfully solicited funds from a labor union for the legal fees and costs of prosecution of the earlier suit although the labor union was not a party to, but rather was a stranger to, the…”
— 877.01(2) — 1 case
Clive v. Schroff, 375 So. 2d 1157 (Fla. 1st DCA 1979). “Appellants’ contention is that appel-lee/Schroff, a plaintiff in an earlier suit, successfully solicited funds from a labor union for the legal fees and costs of prosecution of the earlier suit although the labor union was not a party to, but rather was a stranger to, the…”
— 877.01(5) — 1 case
Clive v. Schroff, 375 So. 2d 1157 (Fla. 1st DCA 1979). “Appellants’ contention is that appel-lee/Schroff, a plaintiff in an earlier suit, successfully solicited funds from a labor union for the legal fees and costs of prosecution of the earlier suit although the labor union was not a party to, but rather was a stranger to, the…”
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