§ 870.07, Fla. Stat. · Chapter 870. AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES
Affirmative defense in civil action; party convicted of riot.
Text — 2026 Florida Statutes
(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 and commentary — not statutory text
History
s. 18, ch. 2021-6.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0870/0870.html
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The Florida Statutes
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