The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

BAIR, v. CALIFORNIA STATE DEPARTMENT OF TRANSPORTATION,, 385 F. Supp. 3d 878 (N.D. Cal. 2019)

. . . ." § 772.13(a). . . . ." § 772.13(h). . . .

PRAIRIE BAND POTTAWATOMIE NATION, v. FEDERAL HIGHWAY ADMINISTRATION, J., 684 F.3d 1002 (10th Cir. 2012)

. . . .” § 772.13(a). . . . .” § 772.13(g). . . . .” § 772.13(h). . . . measures which are feasible and reasonable, and which are likely to be incorporated in the project.” § 772.13 . . .

PRAIRIE BAND POTTAWATOMIE NATION v. FEDERAL HIGHWAY ADMINISTRATION, 751 F. Supp. 2d 1174 (D. Kan. 2010)

. . . . §§ 772.5(g), 772.11(c), 772.13(c); 23 C.F.R. Part 772, Table 1. . . . constructing noise barriers or acquiring property to create a “buffer zone.” 23 C.F.R. § § 772.5, 772.9, 772.13 . . . construction of noise barriers or acquisition of property to create a buffer zone). 23 C.F.R. §§ 772.11(c), 772.13 . . .

SIERRA CLUB v. FEDERAL HIGHWAY ADMINISTRATION, F., 715 F. Supp. 2d 721 (S.D. Tex. 2010)

. . . . § 772.11(c), which states, “If a noise impact is identified, the abatement measures listed in § 772.13 . . . specific measures, which are not listed among the recommended noise abatement measures in 23 C.F.R. § 772.13 . . .

WEST LANGLEY CIVIC ASSOCIATION, v. FEDERAL HIGHWAY ADMINISTRATION,, 11 F. App'x 72 (4th Cir. 2001)

. . . . §§ 772.13 & 772.15 (1977); 23 C.F.R. §§ 772.3 & 772.4 (1973). . . . The Association also challenged the final sentence of regulation 772.13(b), which states that funding . . . We conclude that the challenged portion of regulation 772.13 is not retroactive. . . . In this case, the application of regulation 772.13 is triggered by events occurring after its effective . . . We conclude that regulation 772.13 is not retroactive and that the FHWA properly applied the regulation . . .

H. SEREMBUS, U. I. U. HEALTH WELFARE FUND U. I. U. PENSION TRUST, v. COMFORT LINES, INC., 689 F. Supp. 1496 (N.D. Ill. 1988)

. . . As a result of this delinquency defendants owe the Fund $93,-772.13 (cplt. . . .

CITIZENS COMMITTEE AGAINST INTERSTATE ROUTE v. LEWIS, U. S., 542 F. Supp. 496 (S.D. Ohio 1982)

. . . . § 772.13(b) (1981), and by noting that Plaintiffs have provided no proof that any planned developments . . . of the project, they are to be treated as developed lands, i.e., the design noise levels listed in § 772.13 . . . F, § 3.10.04, p. 3.10/2, which, under 23 C.F.R. § 772.13(b) are described as categories for developed . . .