Florida Senate - 2019                                    SB 1292
       
       
        
       By Senator Stargel
       
       
       
       
       
       22-01454-19                                           20191292__
    1                        A bill to be entitled                      
    2         An act relating to the timely administration of
    3         justice; amending s. 26.012, F.S.; providing that
    4         certain actions in circuit court must be brought by
    5         summary procedure; amending s. 34.01, F.S.; providing
    6         that certain actions in county court are governed by
    7         summary procedure; amending s. 57.105, F.S.; providing
    8         that a certain award of fees or damages must be upheld
    9         absent a clear abuse of discretion; providing an
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Present subsections (3) through (5) of section
   15  26.012, Florida Statutes, are renumbered as subsections (4)
   16  through (6), respectively, and a new subsection (3) is added to
   17  that section, to read:
   18         26.012 Jurisdiction of circuit court.—
   19         (3)(a) An action at law where the amount in controversy
   20  does not exceed $100,000 and is based on a contract, obligation,
   21  or liability founded on a written instrument, except for an
   22  action relating to real property, must be brought by summary
   23  procedure as provided in s. 51.011, and the court shall advance
   24  the action on the calendar, subject to paragraph (b).
   25         (b) The court may:
   26         1. Bifurcate a proceeding to determine liability by summary
   27  procedure; or
   28         2. Upon a showing by either party by clear and convincing
   29  evidence that summary procedure is inappropriate, determine that
   30  summary procedure does not apply.
   31         Section 2. Present subsections (2) through (5) of section
   32  34.01, Florida Statutes, are renumbered as subsections (3)
   33  through (6), respectively, and a new subsection (2) is added to
   34  that section, to read:
   35         34.01 Jurisdiction of county court.—
   36         (2)(a) An action under paragraph (1)(c) must be brought by
   37  summary procedure as provided in s. 51.011 and the court shall
   38  advance the action on the calendar, subject to paragraph (b).
   39         (b) Upon a showing by either party by clear and convincing
   40  evidence that summary procedure is inappropriate, the court may
   41  determine that summary procedure does not apply.
   42         Section 3. Subsection (8) is added to section 57.105,
   43  Florida Statutes, to read:
   44         57.105 Attorney fees Attorney’s fee; sanctions for raising
   45  unsupported claims or defenses; exceptions; service of motions;
   46  damages for delay of litigation.—
   47         (8) An award of fees or damages under this section must be
   48  upheld unless a subsequent court determines that the lower court
   49  clearly abused its discretion in making the award.
   50         Section 4. This act shall take effect July 1, 2019.