Senate Bill sb1832

    Florida Senate - 2001                                  SB 1832

    By Senator Geller





    29-1210-01

  1                      A bill to be entitled

  2         An act relating to judgments; creating s.

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

  4         prejudgment interest in a judgment on certain

  5         actions for personal injury or wrongful death;

  6         providing for the rate of interest; providing

  7         an exception; providing for the act to apply to

  8         actions pending on a specified date; providing

  9         an effective date.

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

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13         Section 1.  Section 55.032, Florida Statutes, is

14  created to read:

15         55.032  Prejudgment interest in actions for personal

16  injury or wrongful death.--

17         (1)  In an action for personal injury or wrongful death

18  in which the plaintiff is entitled to recover costs and

19  attorney's fees under s. 768.79, the court shall include in

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

21  amount of the award, with the interest accruing from the date

22  of filing the demand for judgment by the plaintiff or, if the

23  demand is not filed, from the date of service of the demand

24  for judgment on the defendant.

25         (2)  This section does not authorize the court to

26  assess prejudgment interest against the state or any agency or

27  subdivision of the state, including a hospital that is owned

28  and operated by a governmental entity or its agents or

29  employees.

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

31  and applies to actions pending on that date or filed after

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






    Florida Senate - 2001                                  SB 1832
    29-1210-01




  1  that date. With respect to an action pending on October 1,

  2  2001, prejudgment interest shall begin to accrue on November

  3  1, 2001.

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  6                          SENATE SUMMARY

  7    Requires the court to award prejudgment interest in an
      action for personal injury or wrongful death in which the
  8    plaintiff is entitled to recover costs and attorney's
      fees. Prohibits an assessment of prejudgment interest
  9    against the state or a state agency, including a hospital
      operated by a governmental entity. Provides for the act
10    to apply to cases pending on October 1, 2001, with
      interest accruing from November 1, 2001.
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CODING: Words stricken are deletions; words underlined are additions.