Senate Bill 0934c1
CODING: Words stricken are deletions; words underlined are additions.
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.
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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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