Senate Bill sb2086

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    Florida Senate - 2006                                 SCR 2086

    By Senator Posey





    24-1342-06                                        See HCR 7005

  1                   Senate Concurrent Resolution

  2         A concurrent resolution proposing the adoption

  3         of Joint Rule 10, Joint Rules of the Florida

  4         Legislature, relating to the Joint Legislative

  5         Claims Committee.

  6  

  7         WHEREAS, section 13, Article X of the State

  8  Constitution gives the Legislature the exclusive authority to

  9  make provision "by general law for bringing suit against the

10  state as to all liabilities now existing or hereafter

11  originating," and

12         WHEREAS, the Legislature provided for bringing suit

13  against the state and its agencies and subdivisions by the

14  enactment of section 768.28, Florida Statutes, and

15         WHEREAS, section 768.28, Florida Statutes, is a limited

16  waiver of sovereign immunity and provides caps on the amount

17  of a claim that may be paid thereunder, and

18         WHEREAS, judgments or settlements against uninsured

19  state agencies or subdivisions that exceed the statutory caps

20  may only be paid by further act of the Legislature, and

21         WHEREAS, Joint Rule 10 establishes an internal process

22  of the Legislature and does not create any new rights or

23  remedy, and

24         WHEREAS, Joint Rule 10 is not intended and shall not be

25  construed to create any right to legislative hearing or

26  consideration of a claim bill, and

27         WHEREAS, Joint Rule 10 shall not be construed to waive

28  any defense of sovereign immunity or to increase the limits of

29  liability on behalf of the state or any person or entity

30  subject to the provisions of section 768.28, Florida Statutes,

31  NOW, THEREFORE,

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    Florida Senate - 2006                                 SCR 2086
    24-1342-06                                        See HCR 7005




 1  Be It Resolved by the Senate of the State of Florida, the

 2  House of Representatives Concurring:

 3  

 4         That Joint Rule 10, Joint Rules of the Florida

 5  Legislature, is created to read:

 6                          Joint Rule Ten

 7                Joint Legislative Claims Committee

 8         10.1-Filing Claim Bills

 9         (1)  All claim bills filed in the Florida Legislature

10  shall be considered through the procedure set out in this

11  joint rule.

12         (2)  Claim bills shall be filed with the Secretary of

13  the Senate and the Clerk of the House of Representatives, as

14  required by the rules of each chamber.

15         (3)  Local claim bills must be filed by a member of the

16  legislative delegation where any claimant resides or where any

17  claimant resided when the cause of action occurred. If the

18  claimant resides outside of the state, a local claim bill may

19  be filed by any member. General claim bills may be filed by

20  any member.

21         (4)  Upon filing, each claim bill shall be immediately

22  referred to the Joint Legislative Claims Committee. The bill

23  may also be referred to one appropriations committee in each

24  chamber, at the discretion of the presiding officer of each

25  chamber. No additional referrals shall be made.

26         (5)  After a claim bill has been voted favorably by the

27  Joint Legislative Claims Committee, the bill shall be reported

28  to the chamber in which it originated for referral to an

29  appropriations committee or to be placed directly on the

30  calendar of each chamber in accordance with the rules of that

31  chamber.

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    Florida Senate - 2006                                 SCR 2086
    24-1342-06                                        See HCR 7005




 1         (6)  The joint committee is authorized to request that

 2  claim bills be placed on a consent calendar in both chambers.

 3         (7)  Notwithstanding any other rule of the House of

 4  Representatives or rule of the Senate to the contrary, a

 5  member shall not be restricted in the number of claim bills

 6  that he or she may file for a regular session.

 7         10.2-Appointment of Members of the Joint Legislative

 8  Claims Committee; Powers and Duties

 9         (1)  There shall be a Joint Legislative Claims

10  Committee, the membership of which shall consist of five

11  members of the House of Representatives appointed by the

12  Speaker of the House of Representatives and five members of

13  the Senate appointed by the President of the Senate.

14         (2)  The Joint Legislative Claims Committee shall meet

15  at times and places necessary to perform the functions

16  assigned to it.

17         (3)  Action by a majority vote of the membership of the

18  joint committee shall control and be conclusive on any matter

19  considered by the Joint Legislative Claims Committee.

20         (4)  The Speaker of the House of Representatives shall

21  appoint the chair in odd years and the vice chair in even

22  years, and the President of the Senate shall appoint the chair

23  in even years and the vice chair in odd years, from among the

24  committee membership.

25         (5)  The salaries and expenses of the staff of the

26  Joint Legislative Claims Committee shall be paid from the

27  Legislature's approved operating budget.

28         (6)  The chair of the joint committee shall have the

29  authority to set the committee's agenda and set priorities for

30  special master consideration.

31  

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    Florida Senate - 2006                                 SCR 2086
    24-1342-06                                        See HCR 7005




 1         (7)  The joint committee is authorized to publish

 2  biannually a manual detailing the policies and procedures of

 3  the joint committee, subject to the approval by the presiding

 4  officers.

 5         10.3-Hearings

 6         (1)  A special master shall have the authority to

 7  control all proceedings before the special master, including

 8  the authority to:

 9         (a)  Conduct hearings, prehearing conferences, and

10  management conferences pursuant to reasonable notice;

11         (b)  Allow discovery if deemed beneficial to the

12  consideration of the claim bill;

13         (c)  Administer oaths to witnesses;

14         (d)  Admit or reject evidence;

15         (e)  Make arrangements for preparing a record of the

16  proceedings;

17         (f)  Accept tangible and documentary evidence;

18         (g)  Issue subpoenas as provided by law; and

19         (h)  Take such other steps as are reasonably necessary

20  to conduct a thorough and orderly investigation of the basis

21  for the claim bill.

22         (2)  In all proceedings before the special master, the

23  provisions of the Florida Rules of Civil Procedure and the

24  Florida Evidence Code shall be instructive; however, at the

25  discretion of the special master, the proceedings may be as

26  informal as necessary to achieve an equitable disposition of

27  the claim bill.

28         (3)  Upon completion of the hearing and other

29  proceedings incidental thereto, the special master shall

30  prepare and submit a report to the Joint Legislative Claims

31  Committee, which report shall contain findings of fact,

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    Florida Senate - 2006                                 SCR 2086
    24-1342-06                                        See HCR 7005




 1  conclusions of law, collateral sources of recovery, and

 2  recommendations regarding the disposition of the claim bill.

 3         (4)  Stipulations as to the amount of awards entered

 4  into by the parties are not binding upon the special master or

 5  upon the House of Representatives, the Senate, or any member

 6  of any committee thereof.

 7         (5)  The hearing and consideration of a claim bill

 8  shall be held in abeyance until all available administrative

 9  and judicial remedies have been exhausted, except that the

10  hearing and consideration of a claim that is still within the

11  judicial or administrative system may proceed when the parties

12  have executed a written settlement agreement.

13         (6)  The special master and the joint committee are

14  authorized to examine lobbying fees regarding any filed claim

15  bill. Lobbying fees shall be presumed excessive if they are

16  more than:

17         (a)  Three percent of the total amount awarded in the

18  bill for a claim that is settled when filed; or

19         (b)  Five percent of the total amount awarded in the

20  bill for a claim that is not settled when filed.

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