CS for SB 2198                                   First Engrossed
       
       
       
       
       
       
       
       
       20092198e1
       
    1                        A bill to be entitled                      
    2         An act relating to tobacco settlement agreements;
    3         expressing legislative intent to amend s. 569.23,
    4         F.S., relating to appeal bond requirements for certain
    5         cigarette manufacturers; expressing legislative intent
    6         relating to security necessary to stay execution of
    7         judgments in actions by certain former class action
    8         members, the form of the security, the level of
    9         appeals to which the security is applicable, the
   10         amount of the security based on the number of appeals,
   11         changes in the amount of security based on changes in
   12         the number of appeals, claims against the security,
   13         and maintenance of the security by the clerk of the
   14         Supreme Court; expressing legislative intent to
   15         authorize a court to increase the security if assets
   16         are dissipated; expressing the legislative intent to
   17         provide for the future expiration of s. 569.23, F.S.;
   18         providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. (1)It is the intent of the Legislature to amend
   23  s. 569.23, Florida Statutes, to prescribe the security required
   24  to be provided to stay the execution of a judgment in a civil
   25  action against a signatory, or successor, parent, or affiliate
   26  of a signatory, to a tobacco settlement agreement brought by or
   27  on behalf of persons who claim or have been determined to be
   28  members of a former class action that was decertified in whole
   29  or in part.
   30         (2) It is further the intent of the Legislature that:
   31         (a) The security shall be provided through the posting with
   32  or payment into the registry of the clerk of the Supreme Court
   33  of a supersedeas bond, other surety, or cash.
   34         (b) The security shall apply during the pendency of all
   35  appeals or discretionary appellate reviews in Florida courts.
   36         (c) The total amount of security that must be provided by
   37  all appellants collectively in a single judgment is based upon
   38  the total number of judgments by circuit courts of this state on
   39  appeal at the time the security is provided. In cases having
   40  multiple appellants, an individual appellant shall provide
   41  security with respect to the percent or amount of liability
   42  specifically allocated against that appellant in the judgment,
   43  or, if liability is not specifically allocated in the judgment,
   44  for a share of the unallocated portion of the judgment
   45  determined by dividing the judgment equally among all
   46  appellants. A judgment may not be stayed until the entire amount
   47  of security required by all appellants collectively is provided.
   48         (d) The amount of security shall be tiered using the
   49  following number ranges of judgments on appeal:
   50  
   51                                                                      
   52                   AMOUNT OF        MINIMUM          MAXIMUM          
   53  
   54  
   55  
   56  
   57  
   58  
   59  
   60  
   61  
   62  
   63  
   64  
   65         (e) When the number of judgments on appeal changes so that
   66  the total is within a larger or smaller range, a party may
   67  petition the court to change the security amount consistent with
   68  the statutory appeal bond rights prescribed in this act. If the
   69  amount of security on deposit is changed by the court, the
   70  security shall be modified as follows:
   71         1. If the security on deposit is in the form of a
   72  supersedeas bond or other surety, the appellant shall replace
   73  that supersedeas bond or other surety with security in the new
   74  amount as required by this act.
   75         2. If the security on deposit is in the form of cash, the
   76  clerk of the Supreme Court shall, as appropriate:
   77         a. Refund to the appellant the difference between the
   78  amount of security on deposit and the reduced amount of security
   79  required;
   80         b. Hold the difference for future judgments against that
   81  appellant; or
   82         c. Record any additional cash provided by the appellant
   83  consistent with a court order.
   84         (f) Any security provided by an appellant for any single
   85  judgment is intended to secure the collection of that judgment
   86  against the appellant in cases covered by this act. A claim may
   87  not be made against such security unless an appellant fails to
   88  pay a judgment in a case covered by this act within 30 days
   89  after the judgment becomes final. For purposes of this act, a
   90  judgment is “final” following the completion of all appeals or
   91  discretionary appellate reviews, including reviews by the United
   92  States Supreme Court. If an appellant fails to pay a judgment
   93  within such time period:
   94         1. Any stay of execution required in favor of the appellant
   95  under this act shall be immediately lifted by operation of law,
   96  unless a stay is provided pursuant to some other provision of
   97  law, rule of court, or judicial order; or
   98         2. Any appellee against whom a stay of execution of any
   99  single judgment against the appellant was in effect under this
  100  act may petition the trial court or the Supreme Court for an
  101  order directing the clerk of the Supreme Court to make equitable
  102  distribution of such security to the appellee whose judgment
  103  against such appellant was secured by operation of this act.
  104         (g) The clerk of the Supreme Court shall collect fees for
  105  receipt of deposits under this act as authorized by ss. 28.231
  106  and 28.24(10)(a). In addition, for as long as any cash remains
  107  on deposit with the clerk, the clerk of the Supreme Court is
  108  entitled to regularly receive as an additional fee, the net
  109  investment income earned thereon. The clerk shall use the
  110  services of the Chief Financial Officer, as needed, for the
  111  custody and management of all bonds, other surety, or cash
  112  posted or deposited with the clerk. All fees collected under
  113  this act shall be deposited into the State Courts Revenue Trust
  114  Fund for use as specified by law.
  115         (3) It is further the intent of the Legislature to allow a
  116  court to order a specific defendant that dissipates assets in
  117  order to avoid payment of a judgment to increase the surety for
  118  that defendant.
  119         (4) It is further the intent of the Legislature that s.
  120  569.23, Florida Statutes, expire on December 31, 2012.
  121         Section 2. This act shall take effect upon becoming a law,
  122  and applies to all judgments entered on or after that date.