Fla. Stat. 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.

Source: Section 870.07 — Affirmative defense in civil action; party convicted of riot, https://www.­flsenate.­gov/Laws/Statutes/2024/0870.­07 (accessed Aug. 7, 2025).

Current through Fall 2025

§ 870.07. Affirmative defense in civil action; party convicted of riot's source at flsenate​.gov