Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2198
       
       
       
       
       
       
                                Barcode 187868                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: TP            .                                
                  04/21/2009           .                                
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       The Committee on Judiciary (Peaden) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 28 - 66
    4  and insert:
    5         (2) In any civil action involving a signatory, or
    6  successor, or an affiliate of a signatory to a the tobacco
    7  settlement agreement, as defined in s. 215.56005(1)(f), the
    8  supersedeas appeal bond or other surety to be furnished during
    9  the pendency of all appeals or discretionary appellate reviews
   10  of any judgment in such litigation shall be set pursuant to
   11  applicable laws or court rules, except that the total value of
   12  all supersedeas bonds or other surety required to stay the
   13  execution of the judgment bond for all defendants may not exceed
   14  $15 million $100 million for all appellants, regardless of the
   15  total value of the judgment.
   16         (3)(2) Notwithstanding subsection (2) subsection (1), if,
   17  after notice and hearing, a plaintiff proves by a preponderance
   18  of the evidence that a defendant who posted a supersedeas such
   19  bond or other equivalent surety is purposefully dissipating
   20  assets outside the ordinary course of business to avoid payment
   21  of the judgment, the court may enter necessary orders as to that
   22  defendant to protect the plaintiff, including an order that the
   23  bond or equivalent surety be posted in an amount up to the full
   24  amount of the judgment against that defendant.
   25         (4)(3) This section does not apply to any past, present, or
   26  future action brought by the State of Florida against one or
   27  more signatories to the settlement agreement.
   28  
   29  ================= T I T L E  A M E N D M E N T ================
   30         And the title is amended as follows:
   31         Delete lines 3 - 14
   32  and insert:
   33  
   34  amending s. 569.23, F.S.; defining a term; reducing the amount
   35  of the bond or surety required to stay the execution of certain
   36  judgments against certain cigarette manufacturers during
   37  appellate proceedings; permitting a court to order a specific
   38  defendant that dissipates assets to avoid payment of a judgment
   39  to increase the surety; providing applicability; providing an