House Bill hb1027

    Florida House of Representatives - 2001                HB 1027

        By Representative Carassas






  1                      A bill to be entitled

  2         An act relating to judgments; creating s.

  3         55.032, F.S.; requiring the court to include

  4         prejudgment interest in judgments in actions

  5         for personal injury or wrongful death under

  6         certain circumstances; providing an exception;

  7         providing applicability; providing an effective

  8         date.

  9

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

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12         Section 1.  Section 55.032, Florida Statutes, is

13  created to read:

14         55.032  Prejudgment interest in personal injury or

15  wrongful death actions.--

16         (1)  In any action for personal injury or wrongful

17  death in which the plaintiff is entitled to recover costs and

18  attorney's fees pursuant to s. 768.79, the court shall include

19  in the judgment interest at the rate specified in s. 55.03 on

20  the amount of the award, with such interest accruing from the

21  date of filing of the demand for judgment by the plaintiff or,

22  if the demand is not filed, from the date of service of the

23  demand on the defendant.

24         (2)  Nothing in this section shall allow prejudgment

25  interest to be assessed against the state or its agencies or

26  subdivisions, including hospitals which are owned and operated

27  by governmental entities or their agents and employees.

28         Section 2.  This act shall take effect October 1, 2001,

29  and shall apply to all suits pending on the effective date of

30  this act or thereafter filed. In the case of suits pending on

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






    Florida House of Representatives - 2001                HB 1027

    757-109-01






  1  the effective date of this act, prejudgment interest shall

  2  begin to run 30 days after the effective date of this act.

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  5                          HOUSE SUMMARY

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      Requires the court to include prejudgment interest in any
  7    action for personal injury or wrongful death. Provides an
      exception with respect to the state or its agencies or
  8    subdivisions. See bill for details.

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