Senate Bill 0934c1

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    Florida Senate - 2000                            CS for SB 934

    By the Committee on Judiciary





    308-1665-00

  1                      A bill to be entitled

  2         An act relating to complex civil litigation;

  3         creating s. 26.58, F.S.; providing for complex

  4         civil litigation divisions; providing for

  5         adoption of rules by the Supreme Court;

  6         providing definitions; amending s. 28.241,

  7         F.S.; providing an exception to filing fees;

  8         providing an effective date.

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10         WHEREAS, the Legislature recognizes that complex civil

11  litigation places extraordinary burdens on the state court

12  system with the result that timely and efficient resolution of

13  complex cases is difficult to achieve, and

14         WHEREAS, the Legislature further recognizes that

15  complex civil actions also adversely affect the court's

16  ability to administer and manage all civil actions regardless

17  of their complexity, and

18         WHEREAS, the Legislature desires that all civil actions

19  be timely and efficiently resolved, NOW, THEREFORE,

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

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23         Section 1.  Section 26.58, Florida Statutes, is created

24  to read:

25         26.58  Complex Litigation Division.--

26         (1)  There is created within each judicial circuit

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

28  Litigation Division to be administered by the Supreme Court

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

30  Court shall adopt rules and procedures for the establishment

31  and operation of each Complex Litigation Division.

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






    Florida Senate - 2000                            CS for SB 934
    308-1665-00




  1         (2)  The Complex Litigation Division shall hear civil

  2  actions that are governed by the Florida Rules of Civil

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

  4  of this section.

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

  6  expected to last more than 3 weeks.

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

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

  9  involves the following:

10         (a)  Antitrust claims;

11         (b)  Construction defect claims involving multiple

12  parties;

13         (c)  Shareholder derivative claims;

14         (d)  Environmental or toxic tort claims involving

15  multiple parties;

16         (e)  Mass tort claims;

17         (f)  Claims involving class actions; or

18         (g)  Insurance coverage claims arising out of any

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

20         (5)  Each complex litigation division required by this

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

22         (6)  The chief judge of each circuit shall determine

23  the amount of a service charge for the establishment,

24  maintenance, or supplementation of a complex litigation

25  division authorized by this section, which service charge

26  shall be added to the filing fee of the cases designated as

27  complex for such circuit. The service charge authorized by

28  this section shall be paid only by the party or parties whose

29  action is filed or placed in the complex litigation division.

30         Section 2.  Subsection (6) is added to section 28.241,

31  Florida Statutes, to read:

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






    Florida Senate - 2000                            CS for SB 934
    308-1665-00




  1         28.241  Filing charges for trial and appellate

  2  proceedings.--

  3         (6)  The fees and service charges prescribed in this

  4  section do not include the service charge required by s. 26.58

  5  for the establishment, maintenance, or supplementation of a

  6  complex litigation division.

  7         Section 3.  This act shall take effect July 1, 2000.

  8

  9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                              SB 934

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12  Assigns a new statute number, s. 26.58, F.S., to the bill.

13  Adds a provision to the bill which requires the chief judge of
    each circuit to determine the amount of a service charge to
14  pay for establishing, maintaining, and supplementing each
    complex litigation division. The service charge shall be added
15  to the filing fee for cases in the complex litigation division
    and shall only be paid by the party or parties whose action is
16  in that division.

17  Adds a provision to the bill which amends s. 28.241, F.S., to
    reflect that the service charge required to be added to the
18  filing fee for complex litigation division cases shall not be
    considered part of the filing fees subject to the limitations
19  of s. 28.241, F.S.

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