FL S0670

Creates a state civil cause of action (s. 760.52, F.S.) allowing individuals to sue state officers, employees, or agents acting under color of law in circuit court for deprivation of rights secured by the U.S. or Florida Constitutions

Eliminates qualified immunity as a defense by specifying that a defendant cannot claim the constitutional right was not "clearly established" at the time of the violation, nor that the defendant acted without bad faith or believed their conduct was lawful

Provides an affirmative defense if a jury finds the officer acted in good faith and believed the conduct was lawful, and grants full immunity if the officer proves by clear and convincing evidence that no constitutional deprivation occurred under binding precedent

Requires courts to award reasonable attorney fees and costs to prevailing plaintiffs, and bars plaintiffs from recovering additional damages if they already recovered through a civil action brought by the Attorney General under s. 760.51

Amends ss. 111.07 and 111.071, F.S., to include claims under the new section in existing provisions governing state-provided legal defense and payment of judgments or settlements for public officers, employees, and agents, with an effective date of October 1, 2021