Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for SB 2198
       
       
       
       
       
       
                                Barcode 244806                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                 Floor: WD/2R          .                                
             04/30/2009 05:07 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Peaden moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 27 - 172
    4  and insert:
    5  1466AH (Fla. 15th Cir. Ct. 1996).
    6         (2) In any civil action involving a signatory, or
    7  successor, or an affiliate of a signatory to a the tobacco
    8  settlement agreement brought by or on behalf of persons who
    9  claim or have been determined to be members of a former class
   10  action that was decertified in whole or in part, as defined in
   11  s. 215.56005(1)(f), the supersedeas appeal bond to be furnished
   12  during the pendency of all appeals taken as a matter of right or
   13  discretionary appellate reviews of any judgment in such
   14  litigation shall be set pursuant to applicable laws or court
   15  rules, except that the supersedeas bond required to stay the
   16  execution of the judgment the total bond for all defendants may
   17  not exceed $5 $100 million for all appellants collectively,
   18  regardless of the total value of the judgment. If the total
   19  amount of all such bonds in appeals taken as a matter of right
   20  in state courts is in excess of $500 million at the time a
   21  motion is made under s. 45.045(3), the court shall deem that
   22  good cause has been shown for the purpose of s. 45.045(2) and
   23  shall reduce the supersedeas bond to an amount less than $5
   24  million for all appellants collectively or set other conditions
   25  for the stay with or without a bond.
   26         (3)(2) Notwithstanding subsection (2) (1), if, after notice
   27  and hearing, a plaintiff proves by a preponderance of the
   28  evidence that a defendant who posted a supersedeas such bond or
   29  other equivalent surety is purposefully dissipating assets
   30  outside the ordinary course of business to avoid payment of the
   31  judgment, or if the bond in the plaintiff’s case had been
   32  reduced pursuant to subsection (2) and the total amount of all
   33  such bonds is no longer in excess of $500 million, the court may
   34  enter necessary orders to protect the plaintiff, including an
   35  order that the bond or equivalent surety be posted in an amount
   36  up to the full amount of the judgment.
   37         (4)(3) This section does not apply to any past, present, or
   38  future action brought by the State of Florida against one or
   39  more signatories to the settlement agreement.
   40         (5) This section expires July 1, 2012.
   41  
   42  ================= T I T L E  A M E N D M E N T ================
   43         And the title is amended as follows:
   44         Delete lines 3 - 14
   45  and insert:
   46         amending s. 569.23, F.S.; providing a definition;
   47         limiting the size of a supersedeas bond required to
   48         stay the execution of certain judgments during
   49         appellate proceedings; permitting a court to order
   50         that the bond or other surety be increased to the full
   51         amount of the judgment in certain circumstances;
   52         providing for future expiration; providing
   53         applicability;