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         69.103Litigation 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         69.105Prohibited 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         69.107Required 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.