Senate Bill sb2498

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2498

    By Senator Aronberg





    27-1068A-06                                             See HB

  1                      A bill to be entitled

  2         An act relating to court-ordered nonbinding

  3         arbitration; amending s. 44.103, F.S.; revising

  4         provisions relating to presentation of

  5         testimony and evidence in court-ordered

  6         nonbinding arbitration proceedings; revising

  7         provisions relating to award of specified costs

  8         of a trial de novo following arbitration

  9         against the party requesting the trial when the

10         trial judgment differs from the arbitration

11         award by a certain amount; providing an

12         effective date.

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

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16         Section 1.  Subsections (4) and (6) of section 44.103,

17  Florida Statutes, are amended to read:

18         44.103  Court-ordered, nonbinding arbitration.--

19         (4)  An arbitrator or, in the case of a panel, the

20  chief arbitrator, shall have such power to administer oaths or

21  affirmation and to conduct the proceedings as the rules of

22  court shall provide. The hearing shall be conducted

23  informally. Presentation of testimony and evidence shall be

24  kept to a minimum, and matters shall be presented to the

25  arbitrators primarily through the statements and arguments of

26  counsel. At the request of Any party to the arbitration may

27  petition the court in the underlying action, for good cause

28  shown, to authorize the, such arbitrator to shall issue

29  subpoenas for the attendance of witnesses and the production

30  of books, records, documents, and other evidence at the

31  arbitration and may petition apply to the court for orders

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






    Florida Senate - 2006                                  SB 2498
    27-1068A-06                                             See HB




 1  compelling such attendance and production at the arbitration.

 2  Subpoenas shall be served and shall be enforceable in the

 3  manner provided by law.

 4         (6)  Upon motion made by either party within 30 days

 5  after entry of a judgment, the court may assess costs against

 6  the party requesting a trial de novo, including arbitration

 7  costs, court costs, reasonable attorney's fees, and other

 8  reasonable costs such as investigation expenses and expenses

 9  for expert or other testimony which were incurred after the

10  arbitration hearing and continuing through the trial of the

11  case in accordance with the guidelines for taxation of costs

12  as adopted by the Supreme Court. Such costs may be assessed

13  if:

14         (a)  Plaintiff, having filed for a trial de novo,

15  obtains a judgment at trial that is at least 25 percent less

16  than the arbitration award. In such instance, the costs and

17  attorney's fees pursuant to this section shall be set off

18  against the award. When the costs and attorney's fees pursuant

19  to this section total more than the amount of the judgment,

20  the court shall enter judgment for the defendant against the

21  plaintiff for the amount of the costs and attorney's fees,

22  less the amount of the award to the plaintiff. For purposes of

23  a determination under this paragraph, the term "judgment"

24  means the amount of the net judgment entered, plus all taxable

25  costs pursuant to the guidelines for taxation of costs as

26  adopted by the Supreme Court, plus any post-arbitration

27  collateral source payments received or due as of the date of

28  the judgment, and plus any post-arbitration settlement amounts

29  by which the verdict was reduced; or

30         (b)  Defendant, having filed for a trial de novo, has a

31  judgment entered against the defendant that is a least 25

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






    Florida Senate - 2006                                  SB 2498
    27-1068A-06                                             See HB




 1  percent more than the arbitration award. For purposes of a

 2  determination under this paragraph, the term "judgment" means

 3  the amount of the net judgment entered, plus any

 4  post-arbitration settlement amounts by which the verdict was

 5  reduced. The party having filed for a trial de novo may be

 6  assessed the arbitration costs, court costs, and other

 7  reasonable costs of the party, including attorney's fees,

 8  investigation expenses, and expenses for expert or other

 9  testimony or evidence incurred after the arbitration hearing

10  if the judgment upon the trial de novo is not more favorable

11  than the arbitration decision.

12         Section 2.  This act shall take effect October 1, 2006.

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