HB 1867 2003
1	A bill to be entitled
2	An act relating to the tobacco settlement agreement;
3	creating s. 569.23, F.S.; limiting the amount of appeal
4	bond that may be ordered; providing an exception;
5	providing an effective date.
6
7	Be It Enacted by the Legislature of the State of Florida:
8
9	Section 1. Section 569.23, Florida Statutes, is created to
10	read:
11	569.23 Bond requirements for tobacco settlement agreement
12	signatories, successors, and affiliates.--
13	(1) In any civil action involving a signatory or successor
14	or an affiliate of a signatory to the tobacco settlement
15	agreement, as defined in s. 215.56005(1)(f), the appeal bond to
16	be furnished during the pendency of all appeals or discretionary
17	appellate reviews of any judgment in such litigation shall be
18	set pursuant to applicable laws or court rules, except that the
19	total bond for all defendants may not exceed $100 million,
20	regardless of the total value of the judgment.
21	(2) Notwithstanding subsection (1), if, after notice and
22	hearing, a plaintiff proves by a preponderance of the evidence
23	that a defendant who posted such bond or equivalent surety is
24	purposefully dissipating assets outside the ordinary course of
25	business to avoid payment of the judgment, the court may enter
26	necessary orders to protect the plaintiff, including an order
27	that the bond or equivalent surety be posted in an amount up to
28	the full amount of the judgment.
29	Section 2. This act shall take effect July 1, 2003, and
30	shall apply to all cases pending on or filed on or after that
31	date.