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The Florida Senate

2004 Florida Statutes

SECTION 23
Bond requirements for tobacco settlement agreement signatories, successors, and affiliates.
Section 569.23, Florida Statutes 2004

569.23  Bond requirements for tobacco settlement agreement signatories, successors, and affiliates.--

(1)  In any civil action involving a signatory or successor or an affiliate of a signatory to the tobacco settlement agreement, as defined in s. 215.56005(1)(f), the appeal bond to be furnished during the pendency of all appeals or discretionary appellate reviews of any judgment in such litigation shall be set pursuant to applicable laws or court rules, except that the total bond for all defendants may not exceed $100 million, regardless of the total value of the judgment.

(2)  Notwithstanding subsection (1), if, after notice and hearing, a plaintiff proves by a preponderance of the evidence that a defendant who posted such bond or equivalent surety is purposefully dissipating assets outside the ordinary course of business to avoid payment of the judgment, the court may enter necessary orders to protect the plaintiff, including an order that the bond or equivalent surety be posted in an amount up to the full amount of the judgment.

(3)  This section does not apply to any past, present, or future action brought by the State of Florida against one or more signatories to the settlement agreement.

History.--s. 1, ch. 2003-133.