CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

    175-137X-27                                  Bill No. HCR 2047

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Warner offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the resolution:  Everything after the resolving

15  clause

16

17  and insert in lieu thereof:

18         Joint Rule 8, Joint Rules of the Florida Legislature,

19  is hereby created to read:

20

21                         Joint Rule Eight

22                Joint Legislative Claims Committee

23

24         8.1--Filing Claim Bills

25         (1)  All claim bills filed in the Florida Legislature

26  shall be considered through the procedure set out in this

27  joint rule.

28         (2)  Claim bills shall be filed with the Secretary of

29  the Senate or the Clerk of the House of Representatives, as

30  the case may be, and shall include a statement which supports

31  the need for the bill signed by each primary sponsor of the

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                                                   HOUSE AMENDMENT

    175-137X-27                                  Bill No. HCR 2047

    Amendment No.     (for drafter's use only)





 1  bill. The statement of need shall contain the following:

 2         (a)  A listing of all funds the claimant has received

 3  or is entitled to receive from any other sources, including

 4  all forms of federal, state and local government assistance;

 5         (b)  A statement detailing the maximum amount available

 6  from any collateral sources of recovery, the action taken by

 7  the claimant to vigorously pursue these sources of recovery,

 8  and the status of any litigation to recover from a collateral

 9  source;

10         (c)  A statement regarding whether the claimant has

11  agreed to a settlement and whether the settlement has been

12  paid; and

13         (d)  A statement substantiating that the amount of the

14  judgment is reasonable when measured against judgments entered

15  in cases of a similar nature involving similar circumstances;

16         (3)  Claim bills may be filed or prefiled at any time,

17  during regular or special sessions of the Legislature or

18  during the interim.

19         (4)  Upon filing, each claim bill shall be immediately

20  referred to the Joint Legislative Claims Committee in

21  accordance with the rules of the house in which the bill is

22  filed.

23         (5)  Prior to the filing of a claim bill, the sponsor

24  may provide a draft of the claim to the chair of the Joint

25  Legislative Claims Committee for determination by the

26  committee as to whether the appointment of a special master is

27  required, as provided in Joint Rule 8.3.  If the committee

28  determines that the appointment of a special master is

29  required, the special master may conduct the proceeding based

30  on the draft legislation.  However, the committee shall not

31  act further upon the claim until the claim bill is filed and

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                                                   HOUSE AMENDMENT

    175-137X-27                                  Bill No. HCR 2047

    Amendment No.     (for drafter's use only)





 1  referred to the committee.

 2         (6)  After a claim bill has been voted favorably by the

 3  Joint Legislative Claims Committee, the bill shall be reported

 4  to the house in which it originated for referral or

 5  consideration in accordance with the rules of that house.

 6         (7)  Claim bills reported unfavorably shall be treated

 7  as provided in the rules of the house in which the claim bill

 8  was filed.

 9         (8)  Except as inconsistent with this joint rule, the

10  rules of the house in which the claim bill is filed shall

11  govern all proceedings involving the claim bills.

12         8.2--Appointment of Members of the Joint Legislative

13  Claims Committee

14         (1)  There shall be a Joint Legislative Claims

15  Committee, the membership of which shall consist of five

16  members of the House of Representatives, at least two of which

17  shall be a member of the minority party, appointed by the

18  Speaker of the House of Representatives and five members of

19  the Senate, at least two of which shall be a member of the

20  minority party, appointed by the President of the Senate.

21         (2)  Of the five members from the House of

22  Representatives, at least three shall also serve on the

23  committee of the House of Representatives having jurisdiction

24  over civil tort law and at least two shall also serve on a

25  fiscal committee of the House of Representatives.

26         (3)  Of the five members from the Senate, at least

27  three shall also serve on the Senate committee having

28  jurisdiction over civil tort law and at least two shall also

29  serve on a Senate fiscal committee.

30         (4)  The Joint Legislative Claims Committee shall meet

31  at times and places necessary to perform the functions

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                                                   HOUSE AMENDMENT

    175-137X-27                                  Bill No. HCR 2047

    Amendment No.     (for drafter's use only)





 1  assigned to it.

 2         (5)  Action by a majority vote of the membership of the

 3  joint committee shall control and be conclusive on any matter

 4  considered by the Joint Legislative Claims Committee.

 5         (6)  The President of the Senate shall appoint the

 6  chair in the odd years and the vice chair in even years, and

 7  the Speaker of the House of Representatives shall appoint the

 8  chair in even years and the vice chair in odd years, from

 9  among the committee membership.

10         (7)  Within the limitation of the approved operating

11  budget, the salaries and expenses of the staff of the Joint

12  Legislative Claims Committee shall be paid from the

13  appropriation for legislative expenses or any other moneys

14  appropriated by the Legislature for that purpose. In the

15  alternative, the Joint Legislative Claims Committee may

16  utilize the services of the staffs of the two houses.

17         8.3--Hearings

18         (1)  Based upon a review of a claim bill and any

19  additional information supplied by the sponsor or any party

20  interested in the claim bill, the Joint Legislative Claims

21  Committee shall determine whether the nature or complexity of

22  a claim bill necessitates the appointment of a special master

23  to conduct evidentiary hearings on the claim bill.

24         (2)  Negotiated or stipulated claims bills in which the

25  amount of compensation is agreed upon by the parties involved

26  shall not be reviewed by a special master.

27         (3)  In the case of an excess judgment claim, if there

28  is an underlying judgment, an appellate order, or a final

29  administrative order with respect to the claim, the special

30  master or, if the claim bill is not referred to a special

31  master, the Joint Legislative Claims Committee shall presume

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                                                   HOUSE AMENDMENT

    175-137X-27                                  Bill No. HCR 2047

    Amendment No.     (for drafter's use only)





 1  that the damages awarded in the judgment or order are the

 2  damages which the claimant incurred, but shall not presume

 3  that the amount of the judgment is the amount which is

 4  appropriated to achieve an equitable disposition of the claim

 5  bill. The special master or Joint Claims Committee may reject

 6  or modify the judgment only if the opposing party can show

 7  cause, which may include newly discovered evidence, as to why

 8  the judgment or order should be rejected or modified.

 9         (4)  The Joint Legislative Claims Committee may

10  determine that the parties involved shall bear the cost of the

11  special master and other costs incidental to such an

12  evidentiary hearing and may require that financial

13  responsibility for the costs to be incurred be made in advance

14  of the appointment of a special master.

15         (5)  A special master shall have the authority to

16  control all proceedings before the special master, including

17  the authority to:

18         (a)  conduct prehearing conferences and management

19  conferences;

20         (b)  allow discovery if deemed beneficial to the

21  consideration of the claim bill;

22         (c)  administer oaths to witnesses;

23         (d)  admit or reject evidence;

24         (e)  make arrangements for preparing a record of the

25  proceedings, which shall either include a transcript of the

26  proceedings, a video recording of the proceedings, or an audio

27  tape recording of the proceedings;

28         (f)  accept tangible and documentary evidence;

29         (g)  issue subpoenas as provided by law; and

30         (h)  take such other steps as as are reasonably

31  necessary to conduct a thorough and orderly investigation of

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                                                   HOUSE AMENDMENT

    175-137X-27                                  Bill No. HCR 2047

    Amendment No.     (for drafter's use only)





 1  the basis for the claim bill.

 2

 3  In all proceedings before the special master, the provisions

 4  of the Florida Rules of Civil Procedure and the Florida

 5  Evidence Code shall be instructive; however, the proceedings

 6  shall be as informal as necessary to achieve an equitable

 7  disposition of the claim bill.  The special master shall

 8  provide to all parties with an interest in the claim and to

 9  the sponsor of the claim bill a minimum of 15 days' notice of

10  any hearing to be conducted pursuant to this joint rule.

11         (6)  Upon completion of the hearing and other

12  proceedings incidental thereto, the special master shall

13  prepare and submit a report to the Joint Legislative Claims

14  Committee, which report shall contain findings of fact,

15  conclusions of law, collateral sources of recovery and

16  subrogation rights of any party or entity, exhaustion of all

17  judicial and administrative remedies, including appeals, and

18  recommendations regarding the disposition of the claim bill.

19         (7)  The claimant, if represented by counsel, shall

20  furnish the Joint Legislative Claims Committee or the special

21  master with a verified statement of the attorney's fee

22  arrangements including the actual costs of perfecting the

23  claim. Pursuant to section 768.28(8), Florida Statutes, no

24  attorney may charge, demand, receive, or collect, for services

25  rendered, fees in excess of 25 percent of any judgment or

26  settlement.

27         (8)  All final reports shall be submitted by the

28  special master to the Joint Legislative Claims Committee

29  within 15 days after the conclusion of the proceedings before

30  the special master. A copy of the report shall be served upon

31  the interested parties by certified mail, return receipt,

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                                                   HOUSE AMENDMENT

    175-137X-27                                  Bill No. HCR 2047

    Amendment No.     (for drafter's use only)





 1  contemporaneously with the filing of the report with the

 2  committee and the report shall contain the certificate of the

 3  special master as to service. The special master shall be

 4  reasonably available to explain the report to the committee

 5  and staff as well as the interested parties.

 6         (9)  All interested parties shall file written

 7  objections to the special master's report with the committee

 8  within 10 days after service, failing in which the interested

 9  parties shall have waived any objections to the correctness of

10  the findings contained in the report.

11         (10)  A special master shall not initiate or consider

12  any ex parte communication relative to the merits of a claim

13  by any party to the claim or any person who, directly or

14  indirectly, would have a substantial interest in the decision

15  of the special master, or their authorized representatives or

16  counsel.

17         (11)  The interested parties may appear before the

18  Joint Legislative Claims Committee to present arguments;

19  however, no additional testimony or evidence shall be

20  introduced, unless permitted by the committee.

21         (12)  Stipulations as to the amount of awards entered

22  into by the parties are not binding upon special masters or

23  upon the House of Representatives, the Senate, or any member

24  or committee thereof.

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