Florida Senate - 2009                                    SB 2198
       
       
       
       By Senator Haridopolos
       
       
       
       
       26-00516C-09                                          20092198__
    1                        A bill to be entitled                      
    2         An act relating to tobacco settlement agreements;
    3         amending s. 569.23, F.S.; defining a term; requiring
    4         trial courts to stay the execution of all judgments in
    5         favor of certain former class action members during
    6         appellate proceedings upon the posting of a
    7         supersedeas bond or other surety by signatories,
    8         successors, or affiliates of a signatory to a tobacco
    9         settlement agreement applicable to all such judgments;
   10         limiting the total cumulative value of all supersedeas
   11         bonds or other surety to a certain amount; permitting
   12         a court to order a specific defendant that dissipates
   13         assets to avoid payment of a judgment to increase the
   14         surety; providing applicability; providing an
   15         effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 569.23, Florida Statutes, is amended to
   20  read:
   21         569.23 Supersedeas bond requirements for tobacco settlement
   22  agreement signatories, successors, and affiliates.—
   23         (1) As used in this section, the term “tobacco settlement
   24  agreement” means any settlement agreement, as amended, entered
   25  into by the state and one or more cigarette manufacturers in
   26  settlement of State of Florida v. American Tobacco Co., No. 95
   27  1466AH (Fla. 15th Cir. Ct. 1996).
   28         (2) In any civil action involving a signatory, or
   29  successor, or an affiliate of a signatory to a the tobacco
   30  settlement agreement, as defined in s. 215.56005(1)(f), the
   31  supersedeas appeal bond or other surety to be furnished during
   32  the pendency of all appeals or discretionary appellate reviews,
   33  including reviews by the United States Supreme Court, of any
   34  judgment in such litigation shall be set pursuant to applicable
   35  laws or court rules, except that the total cumulative value of
   36  all supersedeas bonds or other surety required to stay the
   37  execution of the judgment bond for all defendants may not exceed
   38  $100 million for all appellants collectively, regardless of the
   39  total value of the judgment.
   40         (3)In civil actions against a signatory, successor, or
   41  affiliate of a signatory to a tobacco settlement agreement
   42  brought by or on behalf of persons who claim or have been
   43  determined to be members of a former class action that was
   44  decertified in whole or in part, the trial courts shall stay the
   45  execution of judgments in any such actions during the pendency
   46  of all appeals or discretionary appellate reviews, including
   47  reviews by the United States Supreme Court, upon the posting of
   48  supersedeas bonds or other surety by the appellants as required
   49  by applicable laws or court rules, except that the total
   50  cumulative value of all supersedeas bonds or other surety
   51  required to stay the execution of all such judgments may not
   52  exceed $100 million for all appellants collectively, regardless
   53  of the total value or number of the judgments.
   54         (4)(2) Notwithstanding subsections (2) and (3) subsection
   55  (1), if, after notice and hearing, a plaintiff proves by a
   56  preponderance of the evidence that a defendant who posted a
   57  supersedeas such bond or other equivalent surety is purposefully
   58  dissipating assets outside the ordinary course of business to
   59  avoid payment of the judgment, the court may enter necessary
   60  orders as to that defendant to protect the plaintiff, including
   61  an order that the bond or equivalent surety be posted in an
   62  amount up to the full amount of the judgment against that
   63  defendant.
   64         (5)(3) This section does not apply to any past, present, or
   65  future action brought by the State of Florida against one or
   66  more signatories to the settlement agreement.
   67         Section 2. This act shall take effect upon becoming a law,
   68  and applies to all judgments entered on or after that date.