Senate Bill 0934

    Florida Senate - 2000                                   SB 934

    By the Committee on Judiciary





    308-779-00

  1                      A bill to be entitled

  2         An act relating to complex civil litigation;

  3         creating complex civil litigation divisions;

  4         providing for adoption of rules by the Supreme

  5         Court; providing definitions; providing an

  6         effective date.

  7

  8         WHEREAS, the Legislature recognizes that complex civil

  9  litigation places extraordinary burdens on the state court

10  system with the result that timely and efficient resolution of

11  complex cases is difficult to achieve, and

12         WHEREAS, the Legislature further recognizes that

13  complex civil actions also adversely affect the court's

14  ability to administer and manage all civil actions regardless

15  of their complexity, and

16         WHEREAS, the Legislature desires that all civil actions

17  be timely and efficiently resolved, NOW, THEREFORE,

18

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

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21         Section 1.  Complex Litigation Division.--

22         (1)  There is created within each judicial circuit

23  having a population greater than 1,250,000 a Complex

24  Litigation Division to be administered by the Supreme Court

25  and the chief judge of each participating circuit. The Supreme

26  Court shall adopt rules and procedures for the establishment

27  and operation of each Complex Litigation Division.

28         (2)  The Complex Litigation Division shall hear civil

29  actions that are governed by the Florida Rules of Civil

30  Procedure and that are found to be complex under the standards

31  of this section.

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






    Florida Senate - 2000                                   SB 934
    308-779-00




  1         (3)  A civil action is complex when the trial is

  2  expected to last more than 3 weeks.

  3         (4)  A civil action may be considered to be complex

  4  when the trial is expected to last less than 3 weeks and

  5  involves the following:

  6         (a)  Antitrust claims;

  7         (b)  Construction defect claims involving multiple

  8  parties;

  9         (c)  Shareholder derivative claims;

10         (d)  Environmental or toxic tort claims involving

11  multiple parties;

12         (e)  Mass tort claims;

13         (f)  Claims involving class actions; or

14         (g)  Insurance coverage claims arising out of any

15  claims listed in paragraphs (a)-(f).

16         (5)  Each complex litigation division required by this

17  section must be established and operational by July 1, 2001.

18         Section 2.  This act shall take effect July 1, 2000.

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20            *****************************************

21                          SENATE SUMMARY

22    Creates within certain circuits a Complex Litigation
      Division to be administered by the Supreme Court and the
23    chief judge of each participating circuit. Requires the
      Supreme Court to adopt rules. Requires the Complex
24    Litigation Division to hear complex civil actions.
      Defines the term "civil action." Such divisions must be
25    operational by July 1, 2001.

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