Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2198
       
       
       
       
       
       
                                Barcode 202380                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/21/2009           .                                
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       The Committee on Judiciary (Peaden) recommended the following:
       
    1         Senate Amendment to Amendment (117940) (with title
    2  amendment)
    3  
    4         Delete lines 13 - 160
    5  and insert:
    6         1466AH (Fla. 15th Cir. Ct.).
    7         (2) In any civil action involving a signatory, or
    8  successor, or an affiliate of a signatory to a the tobacco
    9  settlement agreement, as defined in s. 215.56005(1)(f), the
   10  supersedeas appeal bond or other surety to be furnished during
   11  the pendency of all appeals or discretionary appellate reviews
   12  of any judgment in such litigation shall be set pursuant to
   13  applicable laws or court rules, except that the total value of
   14  all supersedeas bonds required to stay the execution of the
   15  judgment bond for all defendants may not exceed $15 million for
   16  all appellants collectively $100 million, regardless of the
   17  total value of the judgment.
   18         (3)(2) Notwithstanding subsection (2) (1), if, after notice
   19  and hearing, a plaintiff proves by a preponderance of the
   20  evidence that a defendant who posted a supersedeas such bond or
   21  other equivalent surety is purposefully dissipating assets
   22  outside the ordinary course of business to avoid payment of the
   23  judgment, the court may enter necessary orders as to that
   24  defendant to protect the plaintiff, including an order that the
   25  bond or equivalent surety be posted in an amount up to the full
   26  amount of the judgment against that defendant.
   27         (4)(3) This section does not apply to any past, present, or
   28  future action brought by the State of Florida against one or
   29  more signatories to the settlement agreement.
   30  
   31  
   32  ================= T I T L E  A M E N D M E N T ================
   33  And the title is amended as follows:
   34  
   35         Delete lines 170 - 181
   36  and insert:
   37         amending s. 569.23, F.S.; defining a term; reducing
   38         the amount of the bond or surety required to stay the
   39         execution of certain judgments against certain
   40         cigarette manufacturers during appellate proceedings;
   41         permitting a court to order a specific defendant that
   42         dissipates assets to avoid payment of a judgment to
   43         increase the surety; providing applicability;