1 | A bill to be entitled |
2 | An act relating to pilot programs for specialized dispute |
3 | resolution divisions; providing legislative findings |
4 | relating to pilot programs of courts establishing |
5 | specialized divisions for adjudication and resolution of |
6 | complex business, corporate, and commercial disputes; |
7 | authorizing the Legislature to appropriate funds to |
8 | certain judicial circuits; providing for allocation of |
9 | appropriations to such judicial circuits; providing an |
10 | effective date. |
11 |
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12 | Be It Enacted by the Legislature of the State of Florida: |
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14 | Section 1. Pilot programs for adjudication and resolution |
15 | of complex business, corporate, and commercial disputes.--The |
16 | Legislature finds that: |
17 | (1) Complex business, corporate, and commercial disputes |
18 | have tended to remain in the court system for extended periods |
19 | of time, which has resulted in substantial costs to the |
20 | litigants and to the court system as a whole and has caused |
21 | delays in the resolution of these and other types of cases. |
22 | (2) Pilot programs establishing specialized divisions or |
23 | sections of the circuit courts to process, manage, and |
24 | adjudicate cases involving complex business, corporate, and |
25 | commercial disputes have been established in January 2004 in the |
26 | Ninth Judicial Circuit and in January 2007 in the Eleventh and |
27 | Thirteenth Judicial Circuits through administrative orders |
28 | entered by the chief judges in those circuits. The types of |
29 | cases which have been referred to those courts have included |
30 | non-consumer actions under the Uniform Commercial Code; actions |
31 | relating to internal affairs or governance between or among |
32 | shareholders, partners, or members of business entities; |
33 | purchases and sales of businesses or the assets of businesses; |
34 | franchisor-franchisee relationships; actions relating to trade |
35 | secrets or non-compete agreements; actions relating to business |
36 | torts, intellectual property, antitrust, director and officer |
37 | liability; shareholder derivative actions; and other actions of |
38 | a complex commercial nature. |
39 | (3) A high degree of case management is required to |
40 | efficiently and expeditiously handle, process, and resolve these |
41 | types of cases, including the handling of discovery disputes and |
42 | motion practice, which necessitates the use of more court |
43 | resources, including law clerks, case managers, special masters, |
44 | and technological resources. |
45 | (4) Requiring the diversion of resources and funds from |
46 | other court programs to these specialized circuit court |
47 | divisions or sections to allow them to efficiently and |
48 | expeditiously handle these types of cases would not serve the |
49 | public interest. |
50 | Section 2. The Legislature may appropriate funds to the |
51 | circuit courts in the Ninth, Eleventh, and Thirteenth Judicial |
52 | circuits for the 2007-2008 fiscal year to be used to hire law |
53 | clerks, case managers, and special masters and provide |
54 | technological resources to assist in operating the pilot |
55 | programs as established through administrative orders by the |
56 | chief judges in those circuits. The appropriation shall be |
57 | allocated between the circuits as set forth in the General |
58 | Appropriations Act. |
59 | Section 3. This act shall take effect July 1, 2007. |