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.