House Bill 2047e1

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                                     HCR 2047, First Engrossed/ntc



  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.

  6

  7  Be It Resolved by the House of Representatives of the State of

  8  Florida, the Senate Concurring:

  9

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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                                     HCR 2047, First Engrossed/ntc



  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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                                     HCR 2047, First Engrossed/ntc



  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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                                     HCR 2047, First Engrossed/ntc



  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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