Bill Text: FL S1108 | 2010 | Regular Session | Comm Sub
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
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 34However, the losing party’s attorney is not personally35responsible if he or she has acted in good faith, based on the36representations of his or her client as to the existence of37those material facts. If the court awards attorney’s fees to a38claimant pursuant to this subsection, the court shall also award39prejudgment interest.40(2)Paragraph (1)(b) does not apply if the court determines41that the claim or defense was initially presented to the court42as a good faith argument for the extension, modification, or43reversal of existing law or the establishment of new law, as it44applied to the material facts, with a reasonable expectation of45success.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.
