Bill Text: FL S1108 | 2010 | Regular Session | Comm Sub

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Bill Title: Court Pleadings/Sanctions [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-28 - Placed on Special Order Calendar; Read 2nd time -SJ 00956; Substituted CS/HB 449 -SJ 00956; Laid on Table, companion bill(s) passed, see CS/HB 449 (Ch. 2010-129) -SJ 00956 [S1108 Detail]

Download: Florida-2010-S1108-Comm_Sub.html

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Florida Senate - 2010                             CS for SB 1108 
 
By the Committee on Judiciary; and Senator Constantine 
590-03776-10                                          20101108c1 
1                        A bill to be entitled 
2         An act relating to sanctions for certain court 
3         pleadings; amending s. 57.105, F.S.; prohibiting a 
4         monetary sanction against a represented party for a 
5         claim that is presented as a good faith argument but 
6         that is found to not be supported by the application 
7         of then-existing law to material facts; prohibiting 
8         sanctions against a party or its attorneys by a court 
9         on its own initiative if the case has already been 
10         settled or voluntarily dismissed by that party; 
11         providing an effective date. 
12 
13  Be It Enacted by the Legislature of the State of Florida: 
14 
15         Section 1. Section 57.105, Florida Statutes, is amended to 
16  read: 
17         57.105 Attorney’s fee; sanctions for raising unsupported 
18  claims or defenses; exceptions; service of motions; damages for 
19  delay of litigation.— 
20         (1) Upon the court’s initiative or motion of any party, the 
21  court shall award a reasonable attorney’s fee, including 
22  prejudgment interest, to be paid to the prevailing party in 
23  equal amounts by the losing party and the losing party’s 
24  attorney on any claim or defense at any time during a civil 
25  proceeding or action in which the court finds that the losing 
26  party or the losing party’s attorney knew or should have known 
27  that a claim or defense when initially presented to the court or 
28  at any time before trial: 
29         (a) Was not supported by the material facts necessary to 
30  establish the claim or defense; or 
31         (b) Would not be supported by the application of then 
32  existing law to those material facts. 
33 
34  However, the losing party’s attorney is not personally 
35  responsible if he or she has acted in good faith, based on the 
36  representations of his or her client as to the existence of 
37  those material facts. If the court awards attorney’s fees to a 
38  claimant pursuant to this subsection, the court shall also award 
39  prejudgment interest. 
40         (2) Paragraph (1)(b) does not apply if the court determines 
41  that the claim or defense was initially presented to the court 
42  as a good faith argument for the extension, modification, or 
43  reversal of existing law or the establishment of new law, as it 
44  applied to the material facts, with a reasonable expectation of 
45  success. 
46         (2)(3) At any time in any civil proceeding or action in 
47  which the moving party proves by a preponderance of the evidence 
48  that any action taken by the opposing party, including, but not 
49  limited to, the filing of any pleading or part thereof, the 
50  assertion of or response to any discovery demand, the assertion 
51  of any claim or defense, or the response to any request by any 
52  other party, was taken primarily for the purpose of unreasonable 
53  delay, the court shall award damages to the moving party for its 
54  reasonable expenses incurred in obtaining the order, which may 
55  include attorney’s fees, and other loss resulting from the 
56  improper delay. 
57         (3) Notwithstanding subsections (1) and (2), monetary 
58  sanctions may not be awarded: 
59         (a) Under paragraph (1)(b) if the court determines that the 
60  claim or defense was initially presented to the court as a good 
61  faith argument for the extension, modification, or reversal of 
62  existing law or the establishment of new law, as it applied to 
63  the material facts, with a reasonable expectation of success. 
64         (b) Under paragraph (1)(a) or paragraph (1)(b) against the 
65  losing party’s attorney if he or she has acted in good faith, 
66  based on the representations of his or her client as to the 
67  existence of those material facts. 
68         (c) Under paragraph (1)(b) against a represented party. 
69         (d) On the court’s initiative under subsections (1) and (2) 
70  unless sanctions are awarded before a voluntary dismissal or 
71  settlement of the claims made by or against the party that is, 
72  or whose attorneys are, to be sanctioned. 
73         (4) A motion by a party seeking sanctions under this 
74  section must be served but may not be filed with or presented to 
75  the court unless, within 21 days after service of the motion, 
76  the challenged paper, claim, defense, contention, allegation, or 
77  denial is not withdrawn or appropriately corrected. 
78         (5) In administrative proceedings under chapter 120, an 
79  administrative law judge shall award a reasonable attorney’s fee 
80  and damages to be paid to the prevailing party in equal amounts 
81  by the losing party and a losing party’s attorney or qualified 
82  representative in the same manner and upon the same basis as 
83  provided in subsections (1)-(4). Such award shall be a final 
84  order subject to judicial review pursuant to s. 120.68. If the 
85  losing party is an agency as defined in s. 120.52(1), the award 
86  to the prevailing party shall be against and paid by the agency. 
87  A voluntary dismissal by a nonprevailing party does not divest 
88  the administrative law judge of jurisdiction to make the award 
89  described in this subsection. 
90         (6) The provisions of this section are supplemental to 
91  other sanctions or remedies available under law or under court 
92  rules. 
93         (7) If a contract contains a provision allowing attorney’s 
94  fees to a party when he or she is required to take any action to 
95  enforce the contract, the court may also allow reasonable 
96  attorney’s fees to the other party when that party prevails in 
97  any action, whether as plaintiff or defendant, with respect to 
98  the contract. This subsection applies to any contract entered 
99  into on or after October 1, 1988. 
100         Section 2. This act shall take effect July 1, 2010.