Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 1276 Ì658474HÎ658474 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/08/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Fiscal Policy (Collins) recommended the following: 1 Senate Amendment 2 3 Delete lines 104 - 302 4 and insert: 5 (f) Funding provided to a nonprofit organization, provided 6 the nonprofit organization uses the funding to seek relief other 7 than compensatory damages in excess of $100,000 or punitive 8 damages, whether as a party or on behalf of a client or member 9 of the organization, and irrespective of whether the nonprofit 10 organization seeks an award of costs or attorney fees in 11 providing pro bono representation. 12 (g) Funding provided by a nonprofit organization exempt 13 from federal income tax under s. 501(c)(3) of the United States 14 Internal Revenue Code, by grant or otherwise, to support the 15 pursuit of litigation that does not seek compensatory damages in 16 excess of $100,000 or punitive damages. 17 (6) “National security interests” means those interests 18 relating to the national defense, foreign intelligence and 19 counterintelligence, international, and domestic security, and 20 foreign relations. 21 (7) “Proprietary information” means information developed, 22 created, or discovered by a person, or which became known by or 23 was conveyed to the person, which has commercial value in the 24 person’s business. The term includes, but is not limited to, 25 domain names, trade secrets, copyrights, ideas, techniques, 26 inventions, regardless of whether patentable, and other 27 information of any type relating to designs, configurations, 28 documentation, recorded data, schematics, circuits, mask works, 29 layouts, source code, object code, master works, master 30 databases, algorithms, flow charts, formulae, works of 31 authorship, mechanisms, research, manufacture, improvements, 32 assembly, installation, intellectual property including patents 33 and patent applications, and information concerning the person’s 34 actual or anticipated business, research, or development or 35 received in confidence by or for the person from any other 36 source. 37 (8) “Sovereign wealth fund” means an investment fund owned 38 or controlled by a foreign principal or an agent thereof. 39 69.103 Litigation financing agreement; representation of 40 client interests.—A court may take the existence of a litigation 41 financing agreement into account: 42 (1) In a class action lawsuit brought in the courts of this 43 state when determining whether a class representative or class 44 counsel would adequately and fairly represent the interests of 45 the class. 46 (2) In actions involving a common question of law or fact 47 pending before the court which may be or have been consolidated 48 when determining whether the lead counsel or any co-lead counsel 49 would adequately and fairly represent the interests of the 50 parties to such actions. 51 69.105 Prohibited conduct.—A litigation financier may not: 52 (1) Direct, or make any decisions with respect to, the 53 course of any civil action, administrative proceeding, claim, or 54 other legal proceeding for which the litigation financier has 55 provided financing, or any settlement or other disposition 56 thereof. This prohibition includes, but is not limited to, 57 decisions in appointing or changing counsel, choice or use of 58 expert witnesses, and litigation strategy. All rights to make 59 decisions with respect to the course and settlement or other 60 disposition of the subject civil action, administrative 61 proceeding, claim, or other legal proceeding remain solely with 62 the parties to such action, claim, or proceeding and their 63 counsel of record. 64 (2) Contract for or receive, whether directly or 65 indirectly, a larger share of the proceeds of a civil action, 66 administrative proceeding, claim, or other legal proceeding 67 financed by a litigation financing agreement than the share of 68 the proceeds collectively recovered by the plaintiffs to any 69 such action, claim, or proceeding after the payment of any 70 attorney fees and costs owed in connection to such action, 71 claim, or proceeding. 72 (3) Pay or offer to pay a commission, referral fee, or 73 other consideration to any person, including an attorney, law 74 firm, or health care practitioner, for referring a person to the 75 litigation financier. 76 (4) Assign or securitize a litigation financing agreement 77 in whole or in part. 78 (5) Be assigned rights to or in a civil action, 79 administrative proceeding, claim, or other legal proceeding for 80 which the litigation financier provided financing, other than 81 the right to receive a share of the proceeds of such action, 82 claim, or proceeding pursuant to the litigation financing 83 agreement. 84 69.107 Required disclosures; discovery obligations.— 85 (1) An attorney who enters into a litigation financing 86 agreement must disclose the existence and deliver a copy of the 87 agreement to the client he or she represents in the civil 88 action, administrative proceeding, claim, or other legal 89 proceeding financed by the agreement within 30 days after being 90 retained as counsel by such client, or within 30 days after 91 entering into the litigation financing agreement, whichever is 92 earlier. 93 (2) Except as otherwise stipulated to by the parties to a 94 civil action, administrative proceeding, claim, or other legal 95 proceeding, or as otherwise ordered by a court of competent 96 jurisdiction, a party to or counsel of record for a civil 97 action, administrative proceeding, claim, or other legal 98 proceeding who enters into a litigation financing agreement with 99 respect to such action, claim, or proceeding must, without 100 awaiting a discovery request and within 30 days after 101 commencement of such action, claim, or proceeding, disclose the 102 existence and deliver to the following parties a copy of the 103 litigation financing agreement: 104 (a) All parties to the civil action, administrative 105 proceeding, claim, or other legal proceeding. 106 (b) The court, agency, or tribunal in which the civil 107 action, administrative proceeding, claim, or other legal 108 proceeding is pending. 109 (c) Any known person, including an insurer, with a 110 preexisting contractual obligation to indemnify or defend a 111 party to the civil action, administrative proceeding, claim, or 112 other legal proceeding. 113 (3) In addition to complying with subsections (1) and (2), 114 the class counsel of a putative class in a class action lawsuit 115 for which litigation financing is obtained must disclose to the 116 following persons the existence of any legal, financial, or 117 other relationship between the class counsel and the litigation 118 financier that exists separate and apart from the litigation 119 financing agreement itself within 30 days after commencement of 120 such action or of the execution of the litigation financing 121 agreement, whichever is earlier: 122 (a) All parties to the civil action, administrative 123 proceeding, claim, or other legal proceeding. 124 (b) The court, agency, or tribunal in which the civil 125 action, administrative proceeding, claim, or other legal 126 proceeding is pending. 127 (c) Any known person, including an insurer, with a 128 preexisting contractual obligation to indemnify or defend a 129 party to the civil action, administrative proceeding, claim, or 130 other legal proceeding. 131 (4) The class counsel in a class action or putative class 132 action lawsuit for which litigation financing is obtained must, 133 upon the request of a class member, disclose and deliver a copy 134 of the litigation financing agreement to the class member. 135 (5) In addition to complying with subsections (1) and (2), 136 the lead counsel and co-lead counsel, if any, for civil actions 137 consolidated in the courts of this state must disclose to the 138 following parties the existence of and deliver a copy of any 139 litigation financing agreement entered into in connection with 140 any of the consolidated actions: 141 (a) All parties to the consolidated civil actions. 142 (b) The court, agency, or tribunal in which the civil 143 actions are pending. 144 (c) Any known person, including an insurer, with a 145 preexisting contractual obligation to indemnify or defend a 146 party to the civil actions. 147 (6)(a) A party to a civil action, administrative 148 proceeding, claim, or other legal proceeding, or such party’s 149 counsel of record, must, except as otherwise stipulated to by 150 the parties to such action, claim, or proceeding, or as 151 otherwise ordered by a court of competent jurisdiction, disclose 152 as prescribed in paragraph (b) the name, address, and 153 citizenship or country of incorporation or registration of any 154 foreign person, foreign principal, or sovereign wealth fund 155 that, with respect to the action, claim, or proceeding: 156 1. Obtained or will obtain a right to receive any payment 157 that is contingent in any respect on the outcome of such civil 158 action, administrative proceeding, claim, or other legal 159 proceeding, or on the outcome of any matter within a portfolio 160 that includes such civil action, administrative proceeding, 161 claim, or other legal proceeding and involves the same counsel 162 or affiliated counsel; 163 2. Provided or will provide funds, whether directly or 164 indirectly, which funds have been or will be used to satisfy any 165 term of a litigation financing agreement into which the party or 166 the party’s counsel of record has entered to finance such civil 167 action, administrative proceeding, claim, or other legal 168 proceeding; or 169 3. Has received or is entitled to receive proprietary 170 information or information affecting national security interests 171 obtained as a result of the financing of such civil action, 172 administrative proceeding, claim, or other legal proceeding by a 173 litigation financing agreement entered into by the party or the 174 party’s counsel of record. 175 (b) The disclosures required in paragraph (a) must be made 176 to the following persons: 177 1. All parties to the civil action, administrative 178 proceeding, claim, or other legal proceeding. 179 2. The court, agency, or tribunal in which the civil 180 action, administrative proceeding, claim, or other legal 181 proceeding is pending. 182 3. Any known person, including an insurer, with a 183 preexisting contractual obligation to indemnify or defend a 184 party to the civil action, administrative proceeding, claim, or 185 other legal proceeding. 186 4. The Department of Financial Services. 187 5. The Office of the Attorney General. 188 (7) The fact of the existence of a litigation financing 189 agreement and the identities of all parties to the agreement are 190 discoverable in any civil action, administrative proceeding, 191 claim, or other legal proceeding financed by such an agreement, 192 unless the court, for good cause shown, determines otherwise. 193 (8) The disclosure obligations in this section are ongoing 194 obligations. Thus, when a party to a civil action, 195 administrative proceeding, claim, or other legal proceeding, or 196 his or her counsel of record: 197 (a) Enters into or amends a litigation financing agreement 198 after the commencement of such action, claim, or proceeding, the 199 party or attorney has 30 days after the date of entering into or 200 amending the litigation financing agreement to comply with the 201 disclosure obligations established herein. 202 (b) Obtains information on the involvement of a foreign 203 person, foreign principal, or sovereign wealth fund after the 204 commencement of such action, claim, or proceeding, which 205 involvement would require disclosure under this section, the 206 party or attorney has 30 days after the date of obtaining the 207 information to comply with the disclosure obligations 208 established herein. 209 (9)(a) A party, or the party’s counsel, who is required to 210 disclose a copy of the litigation financing agreement under 211 subsection (2) or subsection (5) may redact from the agreement 212 the dollar amounts being financed. Another party may petition 213 the circuit court in the county where the civil action, 214 administrative proceeding, claim, or other legal proceeding is 215 pending to: 216 1. Dispute the extent of such redactions if information 217 other than the dollar amounts being financed has been improperly 218 redacted from the agreement; or 219 2. Show cause that the dollar amounts being financed should 220 be disclosed. 221 (b) In the case of such petition, the party or counsel 222 disclosing the agreement shall submit an unredacted copy of the 223 agreement to the court for inspection in camera. If the court 224 finds that information other than the dollar amounts being 225 financed has been improperly redacted from the agreement or that 226 cause has been shown to disclose the dollar amounts being 227 financed, the court must order that such information be 228 disclosed to all parties to whom the agreement must be 229 disclosed.