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Florida Statute 772.12 | Lawyer Caselaw & Research
F.S. 772.12 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 772.12

The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS
Chapter 772
CIVIL REMEDIES FOR CRIMINAL PRACTICES
View Entire Chapter
F.S. 772.12
772.12 Drug Dealer Liability Act.
(1) This section may be cited as the “Hugh O’Connor Memorial Act.”
(2) A person, including any governmental entity, has a cause of action for threefold the actual damages sustained and is entitled to minimum damages in the amount of $1,000 and reasonable attorney’s fees and court costs in the trial and appellate courts, if the person proves by the greater weight of the evidence that:
(a) The person was injured because of the defendant’s actions that resulted in the defendant’s conviction for:
1. A violation of s. 893.13, except for a violation of s. 893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
2. A violation of s. 893.135; and
(b) The person was not injured by reason of his or her participation in the same act or transaction that resulted in the defendant’s conviction for any offense described in subparagraph (a)1.
(3) For purposes of this section, the term “conviction” means a finding of guilt, with or without adjudication of guilt, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
(4) A person who has a cause of action under this section may recover the damages allowed under this section from the parent or legal guardian of an unemancipated minor who is liable for the damages and who lives with his or her parent or legal guardian, if the person proves by clear and convincing evidence that the parent or legal guardian was aware of or recklessly disregarded facts demonstrating that the minor intended to commit the act giving rise to a cause of action under this section. The parent or legal guardian of an unemancipated minor is not liable under this section, under any circumstance, for the actions of the minor, if the court finds that the parent or legal guardian made a good faith effort to prevent the minor from engaging in the act giving rise to a cause of action under this section.
(5) A defendant may recover reasonable attorney’s fees and court costs in the trial and appellate courts upon a finding that there is a complete absence of a justiciable issue of either law or fact raised by the complaint.
History.s. 1, ch. 97-80; s. 15, ch. 2000-320; s. 10, ch. 2005-128; s. 38, ch. 2016-105; s. 120, ch. 2019-167.

F.S. 772.12 on Google Scholar

F.S. 772.12 on Casetext

Amendments to 772.12


Arrestable Offenses / Crimes under Fla. Stat. 772.12
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 772.12.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CONCERNED CITIZENS COALITION v. FEDERAL HIGHWAY ADMINISTRATION, 330 F. Supp. 2d 787 (W.D. La. 2004)

. . . . § 772.12. . . .

UNITED STATES v. CYR,, 29 F. App'x 1 (D.C. Cir. 2001)

. . . In dispute is the government’s inclusion of an additional $772.12 for vacation overpayment, which together . . . The government arrived at the $772.12 figure by calculating the difference between the vacation payment . . . Cyr argues that the $772.12 figure is not an overpayment because of paid holidays which fell within the . . . Because the $772.12 figure includes three days of paid holiday (=$579 or 3 days x $193 per day), NACCRRA . . . The government, in response, merely recites how it arrived at the $772.12 but does not address whether . . .

INDIANA COAL COUNCIL, INC. v. LUJAN, Jr. NATIONAL TRUST FOR HISTORIC PRESERVATION IN UNITED STATES, v. LUJAN, Jr., 774 F. Supp. 1385 (D.D.C. 1991)

. . . . § 772.12(b)(8)(ii), and “[k]nown archeological resources” that may not even be eligible for the National . . . Register at all, 30 C.F.R. § 772.12(b)(8)(iii). . . .

In PERMANENT SURFACE MINING REGULATION LITIGATION, 620 F. Supp. 1519 (D.D.C. 1985)

. . . .-11(b)(3) and 772.12(b)(3) (1984), 48 Fed.Reg. 40634 (1983), require a notice of intent, when filed, . . . Further, the court is persuaded that the details of what a “map” must describe contained in § 772.12( . . . b)(12) do not clearly apply to the requirement embodied in § 772.12(b)(3) that permits either a map or . . . a narrative description, “describing the proposed exploration area,” and certainly § 772.12(b)(12) does . . . The map required by § 772.12(b)(12) is a map “showing the areas of land to be disturbed by the proposed . . .

v., 60 C.C.P.A. 75 (C.C.P.A. 1973)

. . . covers are among some of the more important imported articles of plastic housewares included under item 772.12 . . .

BOROUGH OF FORD CITY, PENNSYLVANIA, v. UNITED STATES, 213 F. Supp. 248 (W.D. Pa. 1963)

. . . 771.59 Fourth St. and Fourth Ave. 771.96 Fourth Ave. and Fifth Ave. 770.33 Fourth St. and Fifth Ave. 772.12 . . .

H. J. v., 32 T.C. 22 (T.C. 1959)

. . . allowances for additional taxes paid the State of Pennsylvania in the following amounts: 1942_$24, 772.12 . . .

JONES v. UNITED STATES, 5 F. Supp. 146 (Ct. Cl. 1933)

. . . was $1,507,-628.38, of which amount $1,475,856.26 was paid on June 14, 1918, and the balance, $31,-772.12 . . .

UNITED CIGAR STORES OF AMERICA v. THE UNITED STATES, 62 Ct. Cl. 134 (Ct. Cl. 1926)

. . . said income-tax return of the plaintiff were as follows: Net income-$2, 708, G90. 73 Income tax_ 142, 772.12 . . .