HCR 7005

1	House Concurrent Resolution
2	A concurrent resolution proposing the adoption of Joint
3	Rule 10, Joint Rules of the Florida Legislature, relating
4	to the Joint Legislative Claims Committee.
5
6	WHEREAS, section 13, Article X, of the State Constitution
7	gives the Legislature the exclusive authority to make provision
8	"by general law for bringing suit against the state as to all
9	liabilities now existing or hereafter originating," and
10	WHEREAS, the Legislature provided for bringing suit against
11	the state and its agencies and subdivisions by the enactment of
12	section 768.28, Florida Statutes, and
13	WHEREAS, section 768.28, Florida Statutes, is a limited
14	waiver of sovereign immunity and provides caps on the amount of
15	a claim that may be paid thereunder, and
16	WHEREAS, judgments or settlements against uninsured state
17	agencies or subdivisions that exceed the statutory caps may only
18	be paid by further act of the Legislature, and
19	WHEREAS, Joint Rule 10 establishes an internal process of
20	the Legislature and does not create any new rights or remedy,
21	and
22	WHEREAS, Joint Rule 10 is not intended and shall not be
23	construed to create any right to legislative hearing or
24	consideration of a claim bill, and
25	WHEREAS, Joint Rule 10 shall not be construed to waive any
26	defense of sovereign immunity or to increase the limits of
27	liability on behalf of the state or any person or entity subject
28	to the provisions of section 768.28, Florida Statutes, NOW,
29	THEREFORE,
30
31	Be It Resolved by the House of Representatives of the State of
32	Florida, the Senate Concurring:
33
34	That Joint Rule 10, Joint Rules of the Florida Legislature,
35	is hereby created to read:
36	Joint Rule Ten
37	Joint Legislative Claims Committee
38	10.1-Filing Claim Bills
39	(1)  All claim bills filed in the Florida Legislature shall
40	be considered through the procedure set out in this joint rule.
41	(2)  Claim bills shall be filed with the Secretary of the
42	Senate and the Clerk of the House of Representatives, as
43	required by the rules of each chamber.
44	(3)  Local claim bills must be filed by a member of the
45	legislative delegation where any claimant resides or where any
46	claimant resided when the cause of action occurred. If the
47	claimant resides outside of the state, a local claim bill may be
48	filed by any member. General claim bills may be filed by any
49	member.
50	(4)  Upon filing, each claim bill shall be immediately
51	referred to the Joint Legislative Claims Committee. The bill may
52	also be referred to one appropriations committee in each
53	chamber, at the discretion of the presiding officer of each
54	chamber. No additional referrals shall be made.
55	(5)  After a claim bill has been voted favorably by the
56	Joint Legislative Claims Committee, the bill shall be reported
57	to the chamber in which it originated for referral to an
58	appropriations committee or to be placed directly on the
59	calendar of each chamber in accordance with the rules of that
60	chamber.
61	(6)  The joint committee is authorized to request that
62	claim bills be placed on a consent calendar in both chambers.
63	(7)  Notwithstanding any other rule of the House of
64	Representatives or rule of the Senate to the contrary, a member
65	shall not be restricted in the number of claim bills that he or
66	she may file for a regular session.
67	10.2-Appointment of Members of the Joint Legislative Claims
68	Committee; Powers and Duties
69	(1)  There shall be a Joint Legislative Claims Committee,
70	the membership of which shall consist of five members of the
71	House of Representatives appointed by the Speaker of the House
72	of Representatives and five members of the Senate appointed by
73	the President of the Senate.
74	(2)  The Joint Legislative Claims Committee shall meet at
75	times and places necessary to perform the functions assigned to
76	it.
77	(3)  Action by a majority vote of the membership of the
78	joint committee shall control and be conclusive on any matter
79	considered by the Joint Legislative Claims Committee.
80	(4)  The Speaker of the House of Representatives shall
81	appoint the chair in odd years and the vice chair in even years,
82	and the President of the Senate shall appoint the chair in even
83	years and the vice chair in odd years, from among the committee
84	membership.
85	(5)  The salaries and expenses of the staff of the Joint
86	Legislative Claims Committee shall be paid from the
87	Legislature's approved operating budget.
88	(6)  The chair of the joint committee shall have the
89	authority to set the committee's agenda and set priorities for
90	special master consideration.
91	(7)  The joint committee is authorized to publish
92	biannually a manual detailing the policies and procedures of the
93	joint committee, subject to the approval by the presiding
94	officers.
95	10.3-Hearings
96	(1)  A special master shall have the authority to control
97	all proceedings before the special master, including the
98	authority to:
99	(a)  Conduct hearings, prehearing conferences, and
100	management conferences pursuant to reasonable notice;
101	(b)  Allow discovery if deemed beneficial to the
102	consideration of the claim bill;
103	(c)  Administer oaths to witnesses;
104	(d)  Admit or reject evidence;
105	(e)  Make arrangements for preparing a record of the
106	proceedings;
107	(f)  Accept tangible and documentary evidence;
108	(g)  Issue subpoenas as provided by law; and
109	(h)  Take such other steps as are reasonably necessary to
110	conduct a thorough and orderly investigation of the basis for
111	the claim bill.
112	(2)  In all proceedings before the special master, the
113	provisions of the Florida Rules of Civil Procedure and the
114	Florida Evidence Code shall be instructive; however, at the
115	discretion of the special master, the proceedings may be as
116	informal as necessary to achieve an equitable disposition of the
117	claim bill.
118	(3)  Upon completion of the hearing and other proceedings
119	incidental thereto, the special master shall prepare and submit
120	a report to the Joint Legislative Claims Committee, which report
121	shall contain findings of fact, conclusions of law, collateral
122	sources of recovery, and recommendations regarding the
123	disposition of the claim bill.
124	(4)  Stipulations as to the amount of awards entered into
125	by the parties are not binding upon the special master or upon
126	the House of Representatives, the Senate, or any member of any
127	committee thereof.
128	(5)  The hearing and consideration of a claim bill shall be
129	held in abeyance until all available administrative and judicial
130	remedies have been exhausted, except that the hearing and
131	consideration of a claim that is still within the judicial or
132	administrative system may proceed when the parties have executed
133	a written settlement agreement.
134	(6)  The special master and the joint committee are
135	authorized to examine lobbying fees regarding any filed claim
136	bill. Lobbying fees shall be presumed excessive if they are more
137	than:
138	(a)  Three percent of the total amount awarded in the bill
139	for a claim that is settled when filed; or
140	(b)  Five percent of the total amount awarded in the bill
141	for a claim that is not settled when filed.

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