CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS for SB 2158
Amendment No. 1 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Warner offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Section 26.031, Florida Statutes, as
18 amended by section 1 of chapter 97-257, Laws of Florida, is
19 amended to read:
20 26.031 Judicial circuits; number of judges.--The
21 number of circuit judges in each circuit shall be as follows:
22
23 JUDICIAL CIRCUIT TOTAL
24 (1) First...........................................19
25 (2) Second..........................................12
26 (3) Third......................................... 6 5
27 (4) Fourth.......................................30 29
28 (5) Fifth...........................................20
29 (6) Sixth........................................39 37
30 (7) Seventh.........................................21
31 (8) Eighth..........................................10
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HOUSE AMENDMENT
Bill No. CS for SB 2158
Amendment No. 1 (for drafter's use only)
1 (9) Ninth........................................34 33
2 (10) Tenth.......................................19 18
3 (11) Eleventh.......................................70
4 (12) Twelfth.....................................18 17
5 (13) Thirteenth..................................34 33
6 (14) Fourteenth..................................... 9
7 (15) Fifteenth......................................31
8 (16) Sixteenth...................................... 4
9 (17) Seventeenth.................................48 46
10 (18) Eighteenth..................................22 21
11 (19) Nineteenth..................................14 13
12 (20) Twentieth...................................21 20
13 Section 2. Section 34.022, Florida Statutes, as
14 amended by section 2 of chapter 97-257, Laws of Florida, is
15 amended to read:
16 34.022 Number of county court judges for each
17 county.--The number of county court judges in each county
18 shall be as follows:
19
20 COUNTY TOTAL
21 (1) Alachua..........................................5
22 (2) Baker............................................1
23 (3) Bay..............................................3
24 (4) Bradford.........................................1
25 (5) Brevard..........................................7
26 (6) Broward......................................26 25
27 (7) Calhoun..........................................1
28 (8) Charlotte........................................2
29 (9) Citrus...........................................1
30 (10) Clay............................................2
31 (11) Collier.........................................3
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HOUSE AMENDMENT
Bill No. CS for SB 2158
Amendment No. 1 (for drafter's use only)
1 (12) Columbia........................................1
2 (13) Dade...........................................41
3 (14) DeSoto..........................................1
4 (15) Dixie...........................................1
5 (16) Duval.......................................14 13
6 (17) Escambia........................................5
7 (18) Flagler.........................................1
8 (19) Franklin........................................1
9 (20) Gadsden.........................................1
10 (21) Gilchrist.......................................1
11 (22) Glades..........................................1
12 (23) Gulf............................................1
13 (24) Hamilton........................................1
14 (25) Hardee..........................................1
15 (26) Hendry..........................................1
16 (27) Hernando........................................1
17 (28) Highlands.......................................1
18 (29) Hillsborough................................14 13
19 (30) Holmes..........................................1
20 (31) Indian River....................................2
21 (32) Jackson.........................................1
22 (33) Jefferson.......................................1
23 (34) Lafayette.......................................1
24 (35) Lake............................................2
25 (36) Lee.............................................6
26 (37) Leon..........................................5 4
27 (38) Levy............................................1
28 (39) Liberty.........................................1
29 (40) Madison.........................................1
30 (41) Manatee.........................................3
31 (42) Marion..........................................3
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HOUSE AMENDMENT
Bill No. CS for SB 2158
Amendment No. 1 (for drafter's use only)
1 (43) Martin..........................................2
2 (44) Monroe..........................................4
3 (45) Nassau..........................................1
4 (46) Okaloosa........................................2
5 (47) Okeechobee......................................1
6 (48) Orange.........................................14
7 (49) Osceola.........................................3
8 (50) Palm Beach.....................................17
9 (51) Pasco...........................................3
10 (52) Pinellas.......................................13
11 (53) Polk..........................................7 6
12 (54) Putnam..........................................1
13 (55) St. Johns.......................................2
14 (56) St. Lucie.......................................3
15 (57) Santa Rosa......................................2
16 (58) Sarasota........................................4
17 (59) Seminole........................................5
18 (60) Sumter..........................................1
19 (61) Suwannee........................................1
20 (62) Taylor..........................................1
21 (63) Union...........................................1
22 (64) Volusia.........................................9
23 (65) Wakulla.........................................1
24 (66) Walton..........................................1
25 (67) Washington......................................1
26 Section 3. The judges filling new offices created by
27 this act shall be appointed and shall take office April 1,
28 1999.
29 Section 4. Section 318.32, Florida Statutes, is
30 amended to read:
31 318.32 Jurisdiction; limitations.--
4
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HOUSE AMENDMENT
Bill No. CS for SB 2158
Amendment No. 1 (for drafter's use only)
1 (1) Hearing officers shall be empowered to accept
2 pleas from and decide the guilt or innocence of any person,
3 adult or juvenile, charged with any civil traffic infraction
4 and shall be empowered to adjudicate or withhold adjudication
5 of guilt in the same manner as a county court judge under the
6 statutes, rules, and procedures presently existing or as
7 subsequently amended, except that hearing officers shall not:
8 (a) Have the power to hold a defendant in contempt of
9 court, but shall be permitted to file a motion for order of
10 contempt with the appropriate state trial court judge;
11 (b) Hear a case involving an accident resulting in
12 injury or death; or
13 (c) Hear a criminal traffic offense case or a case
14 involving a civil traffic infraction issued in conjunction
15 with a criminal traffic offense.
16 (2) This section does not prohibit a county court
17 judge from exercising concurrent jurisdiction with a civil
18 traffic hearing officer.
19 (3) Upon the request of the defendant contained in a
20 Notice of Appearance or a written plea, the case shall be
21 assigned to a county court judge regularly assigned to hear
22 traffic matters.
23 Section 5. Section 318.37, Florida Statutes, is
24 amended to read:
25 318.37 Funding.--In any county electing to establish a
26 Civil Traffic Infraction Hearing Officer Program under ss.
27 318.30-318.38 the court shall develop a plan for its
28 implementation and shall submit the plan to the Office of the
29 State Courts Administrator. Subject to the availability of
30 appropriations, the state shall provide annual funds on a
31 50/50 matching basis to establish the Civil Traffic Infraction
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HOUSE AMENDMENT
Bill No. CS for SB 2158
Amendment No. 1 (for drafter's use only)
1 Hearing Officer Program in any county having three or more
2 county judges. The maximum annual matching grant for any
3 county participating in the program shall be determined by
4 dividing the number of county judges in the county by five and
5 multiplying the result by $25,000. Funds for the program are
6 to be used for hearing officer salaries, which may not exceed
7 $50 per hour, and other necessary expenses such as hearing
8 officer training, office rental, furniture, and administrative
9 staff salaries. The state matching funds shall be paid to the
10 county as a grant-in-aid in accordance with policies necessary
11 to implement this section established by the Office of the
12 State Courts Administrator. Any county electing to establish
13 such a program shall provide such other the funds as are
14 necessary to operate the program.
15 Section 6. From the unexpended funds provided in the
16 Conference Report on House Bill 4201 for establishing new
17 judgeships, up to $725,000 may be used as twelve months
18 funding to implement the provisions of section 5 of this act.
19 Section 7. From the unexpended funds provided in the
20 Conference Report on House Bill 4201 for establishing new
21 judgeships, up to $75,000 may be used to contract for the
22 development of a Delphi-based case load weighting system to
23 determine the optimum case loads for circuit and county judges
24 and, in conjunction with other factors, to determine the need
25 for additional circuit and county court judges. The judicial
26 branch shall consult with the Office of Program Policy
27 Analysis and Government Accountability on defining the scope
28 of work, selecting a consultant, and choosing a methodology
29 for developing case load weights and determining available
30 judge time. The Office of Program Policy Analysis and
31 Government Accountability shall issue a report not later than
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HOUSE AMENDMENT
Bill No. CS for SB 2158
Amendment No. 1 (for drafter's use only)
1 February 1, 1999 on the development of case load weights and
2 their use in the judicial certification process.
3 Section 8. Section 40.50, Florida Statutes, is
4 created to read:
5 40.50 Jury duty and instructions in civil cases.--
6 (1) In any civil action immediately after the jury is
7 sworn, the court shall instruct the jury concerning its
8 duties, its conduct, the order of proceedings, the procedure
9 for submitting written questions of witnesses, and the
10 elementary legal principles that will govern the proceeding as
11 provided in this section.
12 (2) In any case in which the court determines that the
13 trial could exceed 5 days, the court shall instruct that the
14 jurors may take notes regarding the evidence and keep the
15 notes for the purpose of refreshing their memory for use
16 during recesses and deliberations. The court may provide
17 materials suitable for this purpose. The confidentiality of
18 the notes should be emphasized to the jurors. After the jury
19 has rendered its verdict, the notes shall be collected by the
20 bailiff or clerk who shall promptly destroy them.
21 (3) The court shall permit jurors to submit to the
22 court written questions directed to witnesses or to the court.
23 Opportunity shall be given to counsel to object to such
24 questions out of the presence of the jury. The court may, as
25 appropriate, limit the submission of questions to witnesses.
26 (4) The court shall instruct the jury that any
27 questions directed to witnesses or the court must be in
28 writing, unsigned, and given to the bailiff. If the court
29 determines that the juror's question calls for admissible
30 evidence, the question may be asked by court or counsel in the
31 court's discretion. Such question may be answered by
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HOUSE AMENDMENT
Bill No. CS for SB 2158
Amendment No. 1 (for drafter's use only)
1 stipulation or other appropriate means, including, but not
2 limited to, additional testimony upon such terms and
3 limitations as the court prescribes. If the court determines
4 that the juror's question calls for inadmissible evidence, the
5 question shall not be read or answered. If a juror's question
6 is rejected, the jury should be told that trial rules do not
7 permit some questions to be asked and that the jurors should
8 not attach any significance to the failure of having their
9 question asked.
10 (5) The court has discretion to give final
11 instructions to the jury before closing arguments of counsel
12 instead of after, in order to enhance jurors' ability to apply
13 the applicable law to the facts. In that event, the court may
14 wish to withhold giving the necessary procedural and
15 housekeeping instructions until after closing arguments.
16 Section 9. Section 44.1051, Florida Statutes, is
17 created to read:
18 44.1051 Voluntary trial resolution.--
19 (1) Two or more parties who are involved in a civil
20 dispute may agree in writing to submit the controversy to
21 voluntary trial resolution in lieu of litigation of the issues
22 involved, prior to or after a lawsuit has been filed, provided
23 that no constitutional issue is involved.
24 (2) If the parties have entered into an agreement that
25 provides for a method for appointment of a member of The
26 Florida Bar in good standing for more than 5 years to act as
27 trial resolution judge, the court shall proceed with the
28 appointment as prescribed.
29 (3) The trial resolution judge shall be compensated by
30 the parties according to their agreement.
31 (4) Within 10 days after the submission of the request
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HOUSE AMENDMENT
Bill No. CS for SB 2158
Amendment No. 1 (for drafter's use only)
1 for binding voluntary trial resolution, the court shall
2 provide for the appointment of the trial resolution judge.
3 Once appointed, the trial resolution judge shall notify the
4 parties of the time and place for the hearing.
5 (5) Application for voluntary trial resolution shall
6 be filed and fees paid to the clerk of the court as if for
7 complaints initiating civil actions. The clerk of the court
8 shall handle and account for these matters in all respects as
9 if they were civil actions except that the clerk of the court
10 shall keep separate the records of the applications for
11 voluntary binding trial resolution from all other civil
12 actions.
13 (6) Filing of the application for binding voluntary
14 trial resolution will toll the running of the applicable
15 statutes of limitation.
16 (7) The appointed trial resolution judge shall have
17 such power to administer oaths or affirmations and to conduct
18 the proceedings as the rules of court provide. At the request
19 of any party, the trial resolution judge shall issue subpoenas
20 for the attendance of witnesses and for the production of
21 books, records, documents, and other evidence and may apply to
22 the court for orders compelling attendance and production.
23 Subpoenas shall be served and shall be enforceable as provided
24 by law.
25 (8) The hearing shall be conducted by the trial
26 resolution judge, who may determine any question and render a
27 final decision.
28 (9) The Florida Evidence Code shall apply to all
29 proceedings under this section.
30 (10) Any party may enforce a final decision rendered
31 in a voluntary trial by filing a petition for final judgment
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HOUSE AMENDMENT
Bill No. CS for SB 2158
Amendment No. 1 (for drafter's use only)
1 in the circuit court in the circuit in which the voluntary
2 trial took place. Upon entry of final judgment by the circuit
3 court an appeal may be taken to the appropriate appellate
4 court. The "harmless error doctrine" shall apply in all
5 appeals. No further review shall be permitted unless a
6 constitutional issue is raised. Factual findings determined in
7 the voluntary trial shall not be subject to appeal.
8 (11) If no appeal is taken within the time provided by
9 rules of the Supreme Court, the decision shall be referred to
10 the presiding court judge in the case, or, if one has not been
11 assigned, to the chief judge of the circuit for assignment to
12 a circuit judge, who shall enter such orders and judgments as
13 are required to carry out the terms of decision, which orders
14 shall be enforceable by the contempt powers of the court and
15 for which judgment executions shall issue on request of a
16 party.
17 (12) This section does not apply to any dispute
18 involving child custody, visitation, or child support, or to
19 any dispute that involves the rights of a person who is not a
20 party to the voluntary trial resolution.
21 Section 10. Section 57.105, Florida Statutes, is
22 amended to read:
23 57.105 Attorney's fee; sanctions for raising unfounded
24 claims or defenses; damages for delay of litigation.--
25 (1) Upon the court's initiative or motion of any
26 party, the court shall award a reasonable attorney's fee to be
27 paid to the prevailing party in equal amounts by the losing
28 party and the losing party's attorney on any claim or defense
29 in a in any civil proceeding or action in which the court
30 finds that the losing party or the losing party's attorney
31 knew or should have known that a claim or defense when
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HOUSE AMENDMENT
Bill No. CS for SB 2158
Amendment No. 1 (for drafter's use only)
1 presented to the court:
2 (a) Was not supported by the material facts necessary
3 to establish the claim or defense; or
4 (b) Would not be supported by the application of
5 then-existing law to those material facts. there was a
6 complete absence of a justiciable issue of either law or fact
7 raised by the complaint or defense of the losing party;
8 provided,
9
10 However, that the losing party's attorney is not personally
11 responsible if he or she has acted in good faith, based on the
12 representations of his or her client as to the existence of
13 those material facts. If the court awards attorney's fees to a
14 claimant pursuant to this subsection finds that there was a
15 complete absence of a justiciable issue of either law or fact
16 raised by the defense, the court shall also award prejudgment
17 interest.
18 (2) Subsection (1) does not apply if the court
19 determines that the claim or defense was presented to the
20 court as a good-faith attempt to change then-existing law as
21 it applied to the material facts.
22 (3) At any time in any civil proceeding or action in
23 which the moving party proves by a preponderance of the
24 evidence that any action taken by the opposing party,
25 including, but not limited to, the filing of any pleading or
26 part thereof, the assertion of or response to any discovery
27 demand, the assertion of any claim or defense, or the response
28 to any request by any other party, was taken primarily for the
29 purpose of unreasonable delay, the court shall award damages
30 to the moving party for the time necessitated by the conduct
31 in question.
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HOUSE AMENDMENT
Bill No. CS for SB 2158
Amendment No. 1 (for drafter's use only)
1 (4) The court also may impose such additional
2 sanctions or other remedies as are just and warranted under
3 the circumstances of the particular case, including, but not
4 limited to, contempt of court, award of taxable costs,
5 striking of a claim or defense, or dismissal of the pleading.
6 (5)(2) If a contract contains a provision allowing
7 attorney's fees to a party when he or she is required to take
8 any action to enforce the contract, the court may also allow
9 reasonable attorney's fees to the other party when that party
10 prevails in any action, whether as plaintiff or defendant,
11 with respect to the contract. This subsection applies to any
12 contract entered into on or after October 1, 1988. This act
13 shall take effect October 1, 1988, and shall apply to
14 contracts entered into on said date or thereafter.
15 Section 11. Subsections (3), (5), and (7) of section
16 768.79, Florida Statutes, are amended to read:
17 768.79 Offer of judgment and demand for judgment.--
18 (3) The offer shall be served upon the party to whom
19 it is made, but it shall not be filed unless it is accepted or
20 unless filing is necessary to enforce the provisions of this
21 section. In any case involving multiple party plaintiffs or
22 multiple party defendants, an offer shall specify its
23 applicability to each party and may specify any conditions
24 thereof. Each individual party may thereafter accept or reject
25 the offer as the offer applies to such party.
26 (5) An offer may be withdrawn in writing which is
27 served before the date a written acceptance is filed. Once
28 withdrawn, an offer is void. A subsequent offer to a party
29 shall have the effect of voiding any previous offer to that
30 party.
31 (7)(a) Prior to awarding costs and fees pursuant to
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HOUSE AMENDMENT
Bill No. CS for SB 2158
Amendment No. 1 (for drafter's use only)
1 this section the court shall determine whether the offer was
2 reasonable under the circumstances known at the time the offer
3 was made. If a party is entitled to costs and fees pursuant to
4 the provisions of this section, the court may, in its
5 discretion, determine that an offer was not made in good
6 faith. In such case, the court may disallow an award of costs
7 and attorney's fees.
8 (b) When determining the reasonableness of an award of
9 attorney's fees pursuant to this section, the court shall
10 consider, along with all other relevant criteria, the
11 following additional factors:
12 1. The then's apparent merit or lack's of merit in the
13 claim.
14 2. The number and nature of offers made by the
15 parties.
16 3. The closeness of questions of fact and law at
17 issue.
18 4. Whether the person making the offer had
19 unreasonable refused to furnish information necessary to
20 evaluate the reasonableness of such offer.
21 5. Whether the suit was in the nature of a test case
22 presenting questions of far-reaching's importance affecting
23 nonparties.
24 6. The amount of the additional delay cost and expense
25 that the person making the offer reasonable would be expected
26 to incur if the litigation should be prolonged.
27 Section 12. Section 57.071, Florida Statutes, is
28 amended to read:
29 57.071 Costs; what taxable.--
30 (1) If costs are awarded to any party the following
31 shall also be allowed:
13
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HOUSE AMENDMENT
Bill No. CS for SB 2158
Amendment No. 1 (for drafter's use only)
1 (a)(1) The reasonable premiums or expenses paid on all
2 bonds or other security furnished by such party.
3 (b)(2) The expense of the court reporter for per diem,
4 transcribing proceedings and depositions, including opening
5 statements and arguments by counsel.
6 (c)(3) Any sales or use tax due on legal services
7 provided to such party, notwithstanding any other provision of
8 law to the contrary.
9 (2) Expert witness fees shall not be awarded as
10 taxable costs unless:
11 (a) The party retaining the expert witness files a
12 written notice with the court and with each opposing party
13 within 30 days after the entry of an order setting the trial
14 date, which notice shall specify the expertise and experience
15 of the expert, the rate of compensation of the expert witness,
16 the subject matters or issues on which the expert is expected
17 to render an opinion, and an estimate of the overall fees of
18 the expert witness, including the fee for trial testimony. If
19 the rate of compensation is hourly, the estimated overall fee
20 may be stated in terms of estimated hours; and
21 (b) The party retaining the expert witness furnishes
22 each opposing party with a written report signed by the expert
23 witness which summarizes the expert witness's opinions and the
24 factual basis of the opinions, including documentary evidence
25 and the authorities relied upon in reaching the opinions. Such
26 report shall be filed at least 21 days prior to discovery
27 cut-off, or as otherwise determined by the court.
28 Section 13. Section 768.77, Florida Statutes, is
29 amended to read:
30 768.77 Itemized verdict.--
31 (1) In any action to which this part applies in which
14
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HOUSE AMENDMENT
Bill No. CS for SB 2158
Amendment No. 1 (for drafter's use only)
1 the trier of fact determines that liability exists on the part
2 of the defendant, the trier of fact shall, as a part of the
3 verdict, itemize the amounts to be awarded to the claimant
4 into the following categories of damages:
5 (1)(a) Amounts intended to compensate the claimant for
6 economic losses;
7 (2)(b) Amounts intended to compensate the claimant for
8 noneconomic losses; and
9 (3)(c) Amounts awarded to the claimant for punitive
10 damages, if applicable.
11 (2) Each category of damages, other than punitive
12 damages, shall be further itemized into amounts intended to
13 compensate for losses which have been incurred prior to the
14 verdict and into amounts intended to compensate for losses to
15 be incurred in the future. Future damages itemized under
16 paragraph (1)(a) shall be computed before and after reduction
17 to present value. Damages itemized under paragraph (1)(b) or
18 paragraph (1)(c) shall not be reduced to present value. In
19 itemizing amounts intended to compensate for future losses,
20 the trier of fact shall set forth the period of years over
21 which such amounts are intended to provide compensation.
22 Section 14. Paragraph (a) of subsection (1) of
23 section 768.78, Florida Statutes, is amended to read:
24 768.78 Alternative methods of payment of damage
25 awards.--
26 (1)(a) In any action to which this part applies in
27 which the court determines that trier of fact makes an award
28 to compensate the claimant includes for future economic losses
29 which exceed $250,000, payment of amounts intended to
30 compensate the claimant for these losses shall be made by one
31 of the following means, unless an alternative method of
15
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HOUSE AMENDMENT
Bill No. CS for SB 2158
Amendment No. 1 (for drafter's use only)
1 payment of damages is provided in this section:
2 1. The defendant may make a lump-sum payment for all
3 damages so assessed, with future economic losses and expenses
4 reduced to present value; or
5 2. Subject to the provisions of this subsection, the
6 court shall, at the request of either party, unless the court
7 determines that manifest injustice would result to any party,
8 enter a judgment ordering future economic damages, as itemized
9 pursuant to s. 768.77(1)(a), in excess of $250,000 to be paid
10 in whole or in part by periodic payments rather than by a
11 lump-sum payment.
12 Section 15. Subsection (22) of section 90.803,
13 Florida Statutes, is amended to read:
14 90.803 Hearsay exceptions; availability of declarant
15 immaterial.--The provision of s. 90.802 to the contrary
16 notwithstanding, the following are not inadmissible as
17 evidence, even though the declarant is available as a witness:
18 (22) FORMER TESTIMONY.--Former testimony given by the
19 declarant which testimony was given as a witness at another
20 hearing of the same or a different proceeding, or in a
21 deposition taken in compliance with law in the course of the
22 same or another proceeding, if the party against whom the
23 testimony is now offered, or, in a civil action or proceeding,
24 a predecessor in interest, or a person with a similar
25 interest, had an opportunity and similar motive to develop the
26 testimony by direct, cross, or redirect examination, provided,
27 however, the court finds that the testimony is not
28 inadmissible pursuant to s. 90.402 or s. 90.403 at a civil
29 trial, when used in a retrial of said trial involving
30 identical parties and the same facts.
31 Section 16. If any provision of this act or the
16
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HOUSE AMENDMENT
Bill No. CS for SB 2158
Amendment No. 1 (for drafter's use only)
1 application thereof to any person or circumstance is held
2 invalid, the invalidity does not affect other provisions or
3 applications of the act which can be given effect without the
4 invalid provision or application, and to this end the
5 provisions of this act are declared severable.
6 Section 17. This act shall take effect on January
7 15, 1999, except that this section and sections 4, 5, 6, 7, 8,
8 9, 10, 11, 12, 13, 14, 15, and 16 of this act shall take
9 effect upon becoming a law.
10
11
12 ================ T I T L E A M E N D M E N T ===============
13 And the title is amended as follows:
14 On page 1, lines 1 through 20
15 remove from the title of the bill:
16 All of said lines.
17
18 insert:
19 An act relating to the judiciary; amending s.
20 26.031, F.S.; increasing the number of judges
21 for specified judicial circuits; amending s.
22 34.022, F.S.; increasing the number of judges
23 for specified county courts; providing for the
24 filling of vacancies occurring as a result of
25 the creation of judicial offices; amending s.
26 318.32, F.S.; modifying jurisdiction of hearing
27 officers; amending s. 318.37, F.S.; providing
28 funds to establish the Civil Traffic Infraction
29 Hearing Officer Program; providing for use of
30 unexpended funds provided in the Conference
31 Report on House Bill 4201 for new judgeships;
17
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HOUSE AMENDMENT
Bill No. CS for SB 2158
Amendment No. 1 (for drafter's use only)
1 creating s. 40.50, F.S.; providing for jury
2 duty and instructions in civil cases; creating
3 s. 44.1051, F.S.; providing for voluntary trial
4 resolution by agreement of two or more parties;
5 amending s. 57.105, F.S.; providing for
6 sanctions for raising unfounded claims or
7 defenses; providing for damages for delay of
8 litigation; providing for additional sanctions
9 or other remedies; providing an effective date
10 for applicability; amending s. 768.79, F.S.;
11 modifying provisions on offers of judgment and
12 demands for judgment; amending s. 57.071, F.S.;
13 modifying provisions on taxable costs; amending
14 s. 768.77, F.S.; removing certain provisions
15 relating to itemized verdicts; amending s.
16 768.78, F.S.; providing for alternative methods
17 of payment of damage awards in actions in which
18 the court determines that an award includes
19 future economic losses exceeding a specified
20 amount; amending s. 90.803, F.S.; providing
21 more specificity regarding former testimony;
22 providing for severability; providing an
23 effective date.
24
25
26
27
28
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hcjc004 05:21 pm 02158-0082-212113