House Bill 2047e1
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1 House Concurrent Resolution
2 A concurrent resolution proposing the adoption
3 of Joint Rule 8, Joint Rules of the Florida
4 Legislature, relating to the Joint Legislative
5 Claims Committee.
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7 Be It Resolved by the House of Representatives of the State of
8 Florida, the Senate Concurring:
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10 Joint Rule 8, Joint Rules of the Florida Legislature,
11 is hereby created to read:
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13 Joint Rule Eight
14 Joint Legislative Claims Committee
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16 8.1--Filing Claim Bills
17 (1) All claim bills filed in the Florida Legislature
18 shall be considered through the procedure set out in this
19 joint rule.
20 (2) Claim bills shall be filed with the Secretary of
21 the Senate or the Clerk of the House of Representatives, as
22 the case may be, and shall include a statement which supports
23 the need for the bill signed by each primary sponsor of the
24 bill. The statement of need shall contain the following:
25 (a) A listing of all funds the claimant has received
26 or is entitled to receive from any other sources, including
27 all forms of federal, state and local government assistance;
28 (b) A statement detailing the maximum amount available
29 from any collateral sources of recovery, the action taken by
30 the claimant to vigorously pursue these sources of recovery,
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1 and the status of any litigation to recover from a collateral
2 source;
3 (c) A statement regarding whether the claimant has
4 agreed to a settlement and whether the settlement has been
5 paid; and
6 (d) A statement substantiating that the amount of the
7 judgment is reasonable when measured against judgments entered
8 in cases of a similar nature involving similar circumstances;
9 (3) Claim bills may be filed or prefiled at any time,
10 during regular or special sessions of the Legislature or
11 during the interim.
12 (4) Upon filing, each claim bill shall be immediately
13 referred to the Joint Legislative Claims Committee in
14 accordance with the rules of the house in which the bill is
15 filed.
16 (5) Prior to the filing of a claim bill, the sponsor
17 may provide a draft of the claim to the chair of the Joint
18 Legislative Claims Committee for determination by the
19 committee as to whether the appointment of a special master is
20 required, as provided in Joint Rule 8.3. If the committee
21 determines that the appointment of a special master is
22 required, the special master may conduct the proceeding based
23 on the draft legislation. However, the committee shall not
24 act further upon the claim until the claim bill is filed and
25 referred to the committee.
26 (6) After a claim bill has been voted favorably by the
27 Joint Legislative Claims Committee, the bill shall be reported
28 to the house in which it originated for referral or
29 consideration in accordance with the rules of that house.
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1 (7) Claim bills reported unfavorably shall be treated
2 as provided in the rules of the house in which the claim bill
3 was filed.
4 (8) Except as inconsistent with this joint rule, the
5 rules of the house in which the claim bill is filed shall
6 govern all proceedings involving the claim bills.
7 8.2--Appointment of Members of the Joint Legislative
8 Claims Committee
9 (1) There shall be a Joint Legislative Claims
10 Committee, the membership of which shall consist of five
11 members of the House of Representatives, at least two of which
12 shall be a member of the minority party, appointed by the
13 Speaker of the House of Representatives and five members of
14 the Senate, at least two of which shall be a member of the
15 minority party, appointed by the President of the Senate.
16 (2) Of the five members from the House of
17 Representatives, at least three shall also serve on the
18 committee of the House of Representatives having jurisdiction
19 over civil tort law and at least two shall also serve on a
20 fiscal committee of the House of Representatives.
21 (3) Of the five members from the Senate, at least
22 three shall also serve on the Senate committee having
23 jurisdiction over civil tort law and at least two shall also
24 serve on a Senate fiscal committee.
25 (4) The Joint Legislative Claims Committee shall meet
26 at times and places necessary to perform the functions
27 assigned to it.
28 (5) Action by a majority vote of the membership of the
29 joint committee shall control and be conclusive on any matter
30 considered by the Joint Legislative Claims Committee.
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1 (6) The President of the Senate shall appoint the
2 chair in the odd years and the vice chair in even years, and
3 the Speaker of the House of Representatives shall appoint the
4 chair in even years and the vice chair in odd years, from
5 among the committee membership.
6 (7) Within the limitation of the approved operating
7 budget, the salaries and expenses of the staff of the Joint
8 Legislative Claims Committee shall be paid from the
9 appropriation for legislative expenses or any other moneys
10 appropriated by the Legislature for that purpose. In the
11 alternative, the Joint Legislative Claims Committee may
12 utilize the services of the staffs of the two houses.
13 8.3--Hearings
14 (1) Based upon a review of a claim bill and any
15 additional information supplied by the sponsor or any party
16 interested in the claim bill, the Joint Legislative Claims
17 Committee shall determine whether the nature or complexity of
18 a claim bill necessitates the appointment of a special master
19 to conduct evidentiary hearings on the claim bill.
20 (2) Negotiated or stipulated claims bills in which the
21 amount of compensation is agreed upon by the parties involved
22 shall not be reviewed by a special master.
23 (3) In the case of an excess judgment claim, if there
24 is an underlying judgment, an appellate order, or a final
25 administrative order with respect to the claim, the special
26 master or, if the claim bill is not referred to a special
27 master, the Joint Legislative Claims Committee shall presume
28 that the damages awarded in the judgment or order are the
29 damages which the claimant incurred, but shall not presume
30 that the amount of the judgment is the amount which is
31 appropriated to achieve an equitable disposition of the claim
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1 bill. The special master or Joint Claims Committee may reject
2 or modify the judgment only if the opposing party can show
3 cause, which may include newly discovered evidence, as to why
4 the judgment or order should be rejected or modified.
5 (4) The Joint Legislative Claims Committee may
6 determine that the parties involved shall bear the cost of the
7 special master and other costs incidental to such an
8 evidentiary hearing and may require that financial
9 responsibility for the costs to be incurred be made in advance
10 of the appointment of a special master.
11 (5) A special master shall have the authority to
12 control all proceedings before the special master, including
13 the authority to:
14 (a) conduct prehearing conferences and management
15 conferences;
16 (b) allow discovery if deemed beneficial to the
17 consideration of the claim bill;
18 (c) administer oaths to witnesses;
19 (d) admit or reject evidence;
20 (e) make arrangements for preparing a record of the
21 proceedings, which shall either include a transcript of the
22 proceedings, a video recording of the proceedings, or an audio
23 tape recording of the proceedings;
24 (f) accept tangible and documentary evidence;
25 (g) issue subpoenas as provided by law; and
26 (h) take such other steps as as are reasonably
27 necessary to conduct a thorough and orderly investigation of
28 the basis for the claim bill.
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30 In all proceedings before the special master, the provisions
31 of the Florida Rules of Civil Procedure and the Florida
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1 Evidence Code shall be instructive; however, the proceedings
2 shall be as informal as necessary to achieve an equitable
3 disposition of the claim bill. The special master shall
4 provide to all parties with an interest in the claim and to
5 the sponsor of the claim bill a minimum of 15 days' notice of
6 any hearing to be conducted pursuant to this joint rule.
7 (6) Upon completion of the hearing and other
8 proceedings incidental thereto, the special master shall
9 prepare and submit a report to the Joint Legislative Claims
10 Committee, which report shall contain findings of fact,
11 conclusions of law, collateral sources of recovery and
12 subrogation rights of any party or entity, exhaustion of all
13 judicial and administrative remedies, including appeals, and
14 recommendations regarding the disposition of the claim bill.
15 (7) The claimant, if represented by counsel, shall
16 furnish the Joint Legislative Claims Committee or the special
17 master with a verified statement of the attorney's fee
18 arrangements including the actual costs of perfecting the
19 claim. Pursuant to section 768.28(8), Florida Statutes, no
20 attorney may charge, demand, receive, or collect, for services
21 rendered, fees in excess of 25 percent of any judgment or
22 settlement.
23 (8) All final reports shall be submitted by the
24 special master to the Joint Legislative Claims Committee
25 within 15 days after the conclusion of the proceedings before
26 the special master. A copy of the report shall be served upon
27 the interested parties by certified mail, return receipt,
28 contemporaneously with the filing of the report with the
29 committee and the report shall contain the certificate of the
30 special master as to service. The special master shall be
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1 reasonably available to explain the report to the committee
2 and staff as well as the interested parties.
3 (9) All interested parties shall file written
4 objections to the special master's report with the committee
5 within 10 days after service, failing in which the interested
6 parties shall have waived any objections to the correctness of
7 the findings contained in the report.
8 (10) A special master shall not initiate or consider
9 any ex parte communication relative to the merits of a claim
10 by any party to the claim or any person who, directly or
11 indirectly, would have a substantial interest in the decision
12 of the special master, or their authorized representatives or
13 counsel.
14 (11) The interested parties may appear before the
15 Joint Legislative Claims Committee to present arguments;
16 however, no additional testimony or evidence shall be
17 introduced, unless permitted by the committee.
18 (12) Stipulations as to the amount of awards entered
19 into by the parties are not binding upon special masters or
20 upon the House of Representatives, the Senate, or any member
21 or committee thereof.
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