House Bill 4017

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







    Florida House of Representatives - 2000                HB 4017

        By the Committee on Rules & Calendar and Representative
    Byrd





  1                      A bill to be entitled

  2         An act relating to the Florida Statutes;

  3         repealing various statutory provisions that

  4         have become obsolete, have had their effect,

  5         have served their purpose, or have been

  6         impliedly repealed or superseded; repealing s.

  7         16.58(2)(g), F.S., relating to a pilot project

  8         of the Florida Legal Resource Center to provide

  9         court reporting services to state agencies;

10         repealing ss. 25.074 and 25.081, F.S., relating

11         to the Supreme Court's assignment of circuit

12         and county court judges to geographical areas

13         and the seal of the Supreme Court; repealing s.

14         27.0055(1) and (4), F.S., relating to the

15         definition of "official court reporter" and to

16         an effective date and applicability provision

17         for provisions specifying actions of official

18         court reporters that do not constitute

19         violation of ch. 112, F.S.; amending s. 34.01,

20         F.S.; eliminating obsolete provisions relating

21         to actions at law subject to jurisdiction of

22         the county courts; repealing s. 35.09, F.S.,

23         relating to seals of the district courts of

24         appeal; repealing s. 44.201(7), F.S., relating

25         to the operation of Citizen Dispute Settlement

26         Centers in operation on a certain date;

27         repealing s. 46.015(4), F.S., relating to

28         applicability of provisions relating to release

29         of parties to written releases or covenants not

30         to sue executed after a certain date; repealing

31         s. 46.051(6)(b), F.S., relating to

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    Florida House of Representatives - 2000                HB 4017

    175-144A-00






  1         applicability of provisions relating to joinder

  2         of products liability insurers to causes of

  3         action accruing on or after a certain date;

  4         repealing s. 57.111(6)(b), F.S., relating to

  5         applicability of the Florida Equal Access to

  6         Justice Act; repealing s. 60.02, F.S., relating

  7         to jurisdiction of chancery courts to enjoin

  8         against destruction of timber and removal of

  9         logs; repealing s. 68.091(2), F.S., relating to

10         severability of the provisions of the Florida

11         False Claims Act; repealing s. 92.55(1), F.S.,

12         relating to findings and a request of the

13         Supreme Court to amend applicable rules of

14         procedure to conform with statutory provisions

15         to protect the interests of children or persons

16         with mental retardation as witnesses in

17         criminal, civil, or juvenile proceedings;

18         repealing s. 112.3217(4), F.S., relating to

19         applicability to existing contracts of

20         provisions prohibiting contingency fees;

21         repealing s. 120.574(2)(g), F.S., relating to a

22         register of the total number of formal

23         proceedings filed with the Division of

24         Administrative Hearings under s. 120.57(1),

25         F.S.; repealing s. 120.695(2)(b)-(f), F.S.,

26         relating to agency reports on rule review and

27         designation of minor violations subject to

28         notices of noncompliance; providing an

29         effective date.

30

31  Be It Enacted by the Legislature of the State of Florida:

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    Florida House of Representatives - 2000                HB 4017

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  1         Section 1.  Paragraph (g) of subsection (2) of section

  2  16.58, Florida Statutes, is repealed.

  3         Section 2.  Sections 25.074 and 25.081, Florida

  4  Statutes, are repealed.

  5         Section 3.  Subsections (1) and (4) of section 27.0055,

  6  Florida Statutes, are repealed.

  7         Section 4.  Paragraph (c) of subsection (1) of section

  8  34.01, Florida Statutes, is amended to read:

  9         34.01  Jurisdiction of county court.--

10         (1)  County courts shall have original jurisdiction:

11         (c)  As to causes of action accruing:

12         1.  Before July 1, 1980, of all actions at law in which

13  the matter in controversy does not exceed the sum of $2,500,

14  exclusive of interest, costs, and attorney's fees, except

15  those within the exclusive jurisdiction of the circuit courts.

16         2.  On or after July 1, 1980, of all actions at law in

17  which the matter in controversy does not exceed the sum of

18  $5,000, exclusive of interest, costs, and attorney's fees,

19  except those within the exclusive jurisdiction of the circuit

20  courts.

21         3.  On or after July 1, 1990, of actions at law in

22  which the matter in controversy does not exceed the sum of

23  $10,000, exclusive of interest, costs, and attorney's fees,

24  except those within the exclusive jurisdiction of the circuit

25  courts.

26         4.  On or after July 1, 1992, Of all actions at law in

27  which the matter in controversy does not exceed the sum of

28  $15,000, exclusive of interest, costs, and attorney's fees,

29  except those within the exclusive jurisdiction of the circuit

30  courts. The party instituting any civil action, suit, or

31  proceeding pursuant to this paragraph schedule where the

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    Florida House of Representatives - 2000                HB 4017

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  1  amount in controversy is in excess of $5,000 shall pay to the

  2  clerk of the county court the filing fees and service charges

  3  in the same amounts and in the same manner as provided in s.

  4  28.241.

  5         Section 5.  Section 35.09, Florida Statutes, is

  6  repealed.

  7         Section 6.  Subsection (7) of section 44.201, Florida

  8  Statutes, is repealed.

  9         Section 7.  Subsection (4) of section 46.015 and

10  paragraph (b) of subsection (6) of section 46.051, Florida

11  Statutes, are repealed.

12         Section 8.  Paragraph (b) of subsection (6) of section

13  57.111, Florida Statutes, is repealed.

14         Section 9.  Section 60.02, Florida Statutes, is

15  repealed.

16         Section 10.  Subsection (2) of section 68.091, Florida

17  Statutes, is repealed.

18         Section 11.  Subsection (1) of section 92.55, Florida

19  Statutes, is repealed.

20         Section 12.  Subsection (4) of section 112.3217,

21  Florida Statutes, is repealed.

22         Section 13.  Paragraph (g) of subsection (2) of section

23  120.574 and paragraphs (b), (c), (d), (e), and (f) of

24  subsection (2) of section 120.695, Florida Statutes, are

25  repealed.

26         Section 14.  This act shall take effect upon becoming a

27  law.

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    Florida House of Representatives - 2000                HB 4017

    175-144A-00






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  2                          HOUSE SUMMARY

  3
      Repeals various statutory provisions that have become
  4    obsolete, have had their effect, have served their
      purpose, or have been impliedly repealed or superseded.
  5    Repeals provisions relating to a pilot project of the
      Florida Legal Resource Center to provide court reporting
  6    services to state agencies; the Supreme Court's
      assignment of circuit and county court judges to
  7    geographical areas and the seal of the Supreme Court; the
      definition of "official court reporter" and an effective
  8    date and applicability provision for provisions
      specifying actions of official court reporters that do
  9    not constitute violation of ch. 112, F.S.; seals of the
      district courts of appeal; the operation of Citizen
10    Dispute Settlement Centers in operation on October 1,
      1985; applicability of provisions relating to release of
11    parties to written releases or covenants not to sue
      executed after June 23, 1980; applicability of provisions
12    relating to joinder of products liability insurers to
      causes of action accruing on or after October 1, 1978;
13    applicability of the Florida Equal Access to Justice Act;
      jurisdiction of chancery courts to enjoin against
14    destruction of timber and removal of logs; severability
      of the provisions of the Florida False Claims Act;
15    findings and a request of the Supreme Court to amend
      applicable rules of procedure to conform with statutory
16    provisions to protect the interests of children or
      persons with mental retardation as witnesses in criminal,
17    civil, or juvenile proceedings; applicability to existing
      contracts of provisions prohibiting contingency fees; a
18    register of the total number of formal proceedings filed
      with the Division of Administrative Hearings under s.
19    120.57(1), F.S.; and agency reports on rule review and
      designation of minor violations subject to notices of
20    noncompliance. Eliminates obsolete provisions relating to
      actions at law subject to jurisdiction of the county
21    courts.

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