HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1501 Civil Remedy for Terrorism or Facilitating or Furthering Terrorism
SPONSOR(S): Grant
TIED BILLS: IDEN./SIM. BILLS: SB 1442
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee 15 Y, 0 N Mathews Jones
2) Judiciary Committee 22 Y, 0 N Mathews Kramer
SUMMARY ANALYSIS
Federal law creates a cause of action for a tort related to terrorism. The federal cause of action allows any
United States citizen injured in his or her person, property, or business by an act of international terrorism, or
his or her estate, survivors, or heirs, to sue in United States district court and recover treble damages and the
cost of the suit, including attorney fees. Under federal law, recovery by a U.S. national against a terrorist may
include any asset of that terrorist party, including assets of an agency or instrumentality of that party, seized or
frozen by the U.S. pursuant to federal law.
The federal and Florida fugitive disentitlement doctrines permit a court to deny a party’s use of and access to
the U.S. court system when he or she purposefully evades the jurisdiction to avoid criminal prosecution.
Essentially, the reasoning behind the doctrines is that a person who purposely games the justice system to
avoid criminal prosecution should not be rewarded with the benefits that stem from access to the appellate
process. As such, a court may deny appellate review of a matter to a fugitive based on this doctrine.
S. 772.13, F.S., provides a specific civil cause of action for a person injured by an act of terrorism or by any act
that facilitated or furthered an act of terrorism. As such, the injured person is entitled to recover treble
damages, minimum damages of $1,000, and attorney fees and court costs. However, a person whose injuries
are the result of his or her own participation in the same act that resulted in the act of terrorism may not
recover damages.
HB 1501 amends s. 772.13, F.S., to remove the state statutory right to a jury trial in a post-judgment civil
proceeding for the recovery of assets based on a prior award of damages to a victim of terrorism. The bill also
prohibits a defendant in such proceeding, and any entities owned or controlled by the defendant, from using
the resources of state courts in furtherance of a defense or objection to post-judgment collection proceedings if
he or she:
• Purposely leaves the jurisdiction of the state of Florida or of the United States;
• Declines to enter or reenter Florida 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 him or her.
As such, the bill creates a narrow exception to the state statutory right to a jury trial in a post-judgment
execution proceeding in state court for a terrorism victim.
The bill is effective upon becoming law.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Federal Law
The Federal Anti-Terrorism Act creates a cause of action for a tort related to terrorism.1 Specifically,
this federal cause of action allows any United States citizen injured in his or her person, property, or
business by reason of an act of international terrorism, or his or her estate, survivors, or heirs, to sue in
United States district court and recover treble damages and the cost of the suit, including attorney fees.
Under the federal Terrorism Risk Insurance Act (TRIA), 2 recovery by a U.S. national against a terrorist
may include any asset of that terrorist party, including assets of an agency or instrumentality of that
party, seized or frozen by the U.S. pursuant to federal law. 3
Fugitive Disentitlement Doctrine
The federal Fugitive Disentitlement Doctrine4 permits a court to deny a party’s request to use and
access the U.S. court system when he or she purposefully evades the jurisdiction to avoid criminal
prosecution.5 Essentially, the rationale of the doctrine is that a person who purposely games the U.S.
justice system to avoid criminal prosecution should not be rewarded with the benefits that stem from
access to the appellate process.6 As such, a court may deny appellate review of a matter to a fugitive
based on the doctrine.
Florida Law
Terrorism Defined
S. 775.30, F.S., defines “terrorism” as an activity that:
 Involves a violent act or an act dangerous to human life which is a violation of the
criminal laws of this state or of the United States; or
 Involves a violation of s. 815.06;7 and is intended to:
o Intimidate, injure, or coerce a civilian population;
o Influence the policy of a government by intimidation or coercion; or
o Affect the conduct of government through destruction of property, assassination,
murder, kidnapping, or aircraft piracy.
Civil Remedies for Criminal Acts
Chapter 772, F.S., creates a state statutory cause of action for persons injured by certain criminal
activities. A defendant may be civilly liable for a broad range of criminal conduct, including conduct
associated with terrorism. An injured party suing under ch. 772, F.S., may recover three times the total
damages suffered and attorney fees. Specifically, ch. 722 creates a specific civil cause of action for a
person injured by an act of terrorism or injured by any act that facilitated or furthered an act of
1
18 U.S.C. s. 2333.
2 15 U.S.C. s. 6701 note.
3 See s. 805(b) of the Foreign Narcotics Kingpin Designation Act. 21 U.S.C. 1904(b).
4 28 U.S.C. s. 2466.
5 Chloe S. Booth, Doctrine on the Run: The Deepening Circuit Split Concerning Application of the Fugitive Disentitlement Doctrine to
Foreign Nationals, 59 B.C. L. Rev. 1153 (Mar. 2018).
6 Id. at 1155, (citing to Paige Taylor, The Good, the Bad, the Ugly: A Survey of Selected Fifth Circuit Immigration Cases, 41 Tex. Tech.
L. Rev. 989, 1005 (2009)).
7 S. 815.06, F.S., provides that various computer-related offenses are a felony.
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 terrorism.8 However, a person whose injuries are the result of his or her participation in the same act
that resulted in the act of terrorism or crime that facilitated or furthered the act of terrorism may not
recover damages. If the court finds that the plaintiff raised a claim that lacked support in fact or law, the
defendant is entitled to reasonable attorney fees and court costs.
Civil Judgment Collections Process
After a plaintiff prevails in a civil action and obtains a judgment against the defendant, the plaintiff may
initiate post-judgment proceedings to obtain the defendant’s assets to satisfy the judgment. An
“execution” is the lawful seizure of property owned by the judgment debtor to be sold at public auction.
The net proceeds of an execution on property are paid to the judgment creditor to be applied against
the debt. Execution applies to real property and personal property. Execution and sale are conducted
by the sheriff.9 S. 56.19, F.S., specifically provides for recovery of judgments from a third party or its
sureties, entities, or associated individuals. As such, once a trial court has found in favor of a party
(“judgment creditor”), the judgment creditor must then proceed in an execution proceeding against the
third party and his or her sureties to collect the awarded amount or awarded property.
Under ch. 77, F.S., a “garnishment” is the seizure of monies owed to the judgment debtor, which
money is then paid to the judgment creditor to be applied against the debt. Common targets of a
garnishment are bank accounts and wages. For actions in garnishment, either party has a right to, and
may demand a jury trial.10 Under current law, in a garnishment case against a fugitive or his or her
sureties, the fugitive may demand a jury trial.
Proceedings supplementary is a collections tool created by statute. When any judgment creditor holds
an unsatisfied judgment or judgment lien, the judgment creditor may file a motion asking for
proceedings supplementary. In the proceeding, the court may issue a Notice to Appear to the judgment
debtor or to any person alleged to be holding property of the judgment debtor, or to any person who
may have property that was fraudulently transferred by the judgment debtor to that third party. After a
hearing, the court may order the sheriff to execute on property found to be owned by the judgment
debtor, or found to have been fraudulently conveyed by the judgment debtor, for sale for the benefit of
the judgment creditor.11
While collection actions are primarily focused on assets of the judgment debtor, there may be
occasions where property titled or held in the name of another person or entity may be seized in
payment of the judgment. This occurs where the judgment debtor has fraudulently transferred the
property to a third party in an attempt to thwart collection of the judgment. Florida has adopted the
Uniform Fraudulent Transfer Act to address these situations. 12
Statutory Right to a Jury Trial
In some post-judgment proceedings, any party may demand a jury trial. Section 56.18, F.S., provides
that the portion of a proceedings supplementary process that determines whether property is subject to
execution, and the value of the property, is to be tried by jury, unless waived by the parties. Section
77.08, F.S., allows either party in a garnishment action the state statutory right to demand a jury trial.
The state statutory right to a jury trial applies to a civil action attempting to collect a judgment related to
an act of terrorism.13
Constitutional Right to a Jury Trial
8S. 772.13, F.S.
9 The civil execution process is governed by ch. 56, F.S.
10 S. 77.08, F.S.
11 Section 56.29, F.S.
12 Chapter 726, F.S.
13 Stansell v. Revolutionary Armed Forces of Columbia, 45 F.4th 1340 (11th Cir. 2022).
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 Article I, s. 22 of the Florida Constitution provides a right of trial by a jury with at least 6 jurors. 14
However, as a general rule, this constitutional right to a jury trial in civil actions extends only to actions
which are “peculiarly at law, involving predominantly rights and remedies peculiarly ‘legal’ in
character.”15 The test in Florida is whether the party seeking a jury trial is trying to invoke rights and
remedies of the sort traditionally enforceable in an action at law. 16 As such, the constitutional right to a
jury trial depends on whether the nature of the cause of action is “legal” or “equitable.” 17 The
constitutional right to a jury trial does not extend to causes of action in equity and, therefore, a plaintiff
seeking purely equitable relief is not entitled to a jury trial. 18
Fugitive Disentitlement
S. 896.106, F.S., prohibits a person from using state court resources in furtherance of a claim in any
civil forfeiture or third-party proceeding in a related forfeiture action if that person purposely leaves the
jurisdiction or otherwise evades the jurisdiction in which a criminal case is pending. 19 Thus, Florida’s
fugitive disentitlement section applies the same concept utilized under the federal doctrine to state
courts. As such, a Florida court may prohibit a fugitive from seeking to recover in a civil matter while
gaming the system to evade criminal penalties.
Stansell v. Lopez Bello
In 2010, Keith Stansell, Marc Gonsalves, Thomas Howes, and the family of Thomas Janis obtained a
$318 million default judgment against the Revolutionary Armed Forces of Colombia (FARC) under the
federal Anti-Terrorism Act after having been taken hostage and tortured by the FARC for 5.5 years.20
Since the judgment was obtained in 2010, the prevailing plaintiffs have attempted to satisfy the
judgment by seizing assets owned by the FARC and its subsidiaries.
Samark Jose Lopez Bello (Lopez-Bello) is a Venezuelan national and designated narcotics kingpin21
currently on the Homeland Security’s Most Wanted List. 22 Lopez-Bello and his front companies were
each ruled to be an agency or instrumentality of the FARC and their assets were ordered to be turned
over to the prevailing plaintiffs, but Lopez-Bello’s agents and front companies continue to evade being
forced to satisfy the judgment by taking advantage of the Florida court system. Lopez-Bello and his
attorneys continue to demand jury trials in the post-judgment phase of the proceedings, but then they
fail to appear. This has caused over a decade of delay in the victims obtaining the judgment they were
awarded.
Effect of Proposed Changes
HB 1501 amends s. 772.13, F.S., to remove the state statutory right to a jury trial for the post-judgment
recovery or a writ of garnishment in a civil proceeding for the recovery of damages for a victim of
terrorism. The bill also prohibits a defendant of such a matter, and any entities owned or controlled by
the defendant, from using the resources of state courts in furtherance of a defense or objection to post-
judgment collection proceedings if he or she:
 Purposely leaves the jurisdiction of the state of Florida or of the United States;
 Declines to enter or reenter Florida or the United States to submit to its jurisdiction; or
14
Art. I, s. 22, Fla. Const.
15 33 Fla. Jur. 2d Juries s. 8.
16 22 Fla. Jur. 2d Equity s. 87.
17 Id.
18 Id.
19
S. 896.106, F.S.
20 Thomas Janis was a decorated U.S. Army Delta Force pilot who successfully crash landed the plane the men were in after it had
been shot down by the FARC. Upon landing Mr. Janis was executed planeside.
21 The Office of Foreign Assets and Control (OFAC) is housed within the U.S. Department of the Treasury and administers and
enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries and
regimes, terrorists, international narcotics traffickers, and others who are a threat to the U.S. U.S. Department of the Trea sury, Office of
Foreign Assets Control-Sanctions Programs and Information, https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-
sanctions-programs-and-information (last visited Mar. 27, 023).
22 U.S. Immigration and Customs Enforcement, https://www.ice.gov/most-wanted/lopez-bello-samark-jose (last visited Mar. 27, 2023).
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  Otherwise evades the jurisdiction of the court in which a criminal case is pending against him
or her.
As such, the bill creates a narrow exception to the state statutory right to a jury trial in a post-judgment
execution for a victim of terrorism.
The bill is effective upon becoming law and applies to any judgment collectible under state law and to
any civil action pending or filed on or after the effective date.
B. SECTION DIRECTORY:
Section 1: Amends s. 772.13, F.S., relating to civil remedy for terrorism or facilitating or furthering
terrorism.
Section 2: Provides direction to the Division of Law Revision.
Section 3: Provides that the bill is effective upon becoming law.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill creates a narrowly-tailored exception to the state statutory right to a jury trial which may assist
a specific set of plaintiffs in recovering damages against a terrorist organization or an agent of such a
terrorist organization.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable.
2. Other:
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 Article I, sec. 22 of the Florida Constitution provides a right to trial by jury. The bill creates a very
limited exception to the state statutory right to a civil jury trial in post-judgment proceedings involving
a terrorist.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
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