Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2250
                        Barcode 620072
                            CHAMBER ACTION
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       04/25/2006 09:46 PM         .                    
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11  The Committee on Judiciary (Geller) recommended the following
12  amendment:
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14         Senate Amendment (with title amendment) 
15         On page 1, line 20, through
16            page 2, line 7, delete those lines
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18  and insert:  the amount of a supersedeas bond necessary to
19  obtain an automatic stay of execution of a judgment granting
20  any type of relief during the entire course of all appeals or
21  discretionary reviews, may not exceed $50 million for each
22  appellant, regardless of the amount of the judgment appealed.
23  The $50-million figure shall be adjusted annually to reflect
24  changes in the Consumer Price Index.
25         (2)  In any civil action brought under any legal
26  authority theory, a party seeking a stay of execution pending
27  review of a judgment of any amount may move the court to
28  reduce the amount of a supersedeas bond required to obtain
29  such a stay. The court, in the interest of justice and for
30  good cause shown, may reduce the supersedeas bond or may set
31  other conditions for the stay with or without a bond. The
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    3:02 PM   04/25/06                             s2250c-ju31-tk9


    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2250
                        Barcode 620072
 1  court may not reduce the supersedeas bond if the appellant has
 2  an insurance or indemnification policy applicable to the case.
 3  This subsection does not apply to certified class actions
 4  subject to s. 768.733.
 5         (3)  If an appellant has posted a supersedeas bond for
 6  an amount less than that which would be required for an
 7  automatic stay pursuant to Rule 9.310(b)(1), Florida Rules of
 8  Appellate Procedure, the appellee may engage in discovery for
 9  the limited purpose of determining whether the appellate has
10  dissipated or diverted assets outside the course of its
11  ordinary business or is in the process of doing so.
12         (4)  If the trial or appellate court determines that an
13  appellant has dissipated or diverted assets outside the course
14  of its ordinary business or is in the process of doing so, the
15  court may enter orders necessary to protect the appellee,
16  require the appellate to post a supersedeas bond in an amount
17  up to, but not more than, the amount that would be required
18  for an automatic stay pursuant to Rule 9.310(b)(1), Florida
19  Rules of Appellate Procedure, and impose other remedies and
20  sanctions as the court deems appropriate.
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23  ================ T I T L E   A M E N D M E N T ===============
24  And the title is amended as follows:
25         Delete everything before the enacting clause
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27  and insert:
28                      A bill to be entitled
29         An act relating to supersedeas bond; creating
30         s. 768.734, F.S.; limiting the amount of
31         supersedeas bond required for certain
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    3:02 PM   04/25/06                             s2250c-ju31-tk9


    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2250
                        Barcode 620072
 1         appellants; providing that a party may move the
 2         court to reduce the supersedeas bond; providing
 3         an exception to limits if an appellant engages
 4         in certain conduct for the purpose of avoiding
 5         payment of the judgment; providing an effective
 6         date.
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    3:02 PM   04/25/06                             s2250c-ju31-tk9