Bill Text: FL S1292 | 2019 | Regular Session | Introduced
Bill Title: Timely Administration of Justice
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-05-03 - Died in Judiciary [S1292 Detail]
Download: Florida-2019-S1292-Introduced.html
Florida Senate - 2019 SB 1292 By Senator Stargel 22-01454-19 20191292__ 1 A bill to be entitled 2 An act relating to the timely administration of 3 justice; amending s. 26.012, F.S.; providing that 4 certain actions in circuit court must be brought by 5 summary procedure; amending s. 34.01, F.S.; providing 6 that certain actions in county court are governed by 7 summary procedure; amending s. 57.105, F.S.; providing 8 that a certain award of fees or damages must be upheld 9 absent a clear abuse of discretion; providing an 10 effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Present subsections (3) through (5) of section 15 26.012, Florida Statutes, are renumbered as subsections (4) 16 through (6), respectively, and a new subsection (3) is added to 17 that section, to read: 18 26.012 Jurisdiction of circuit court.— 19 (3)(a) An action at law where the amount in controversy 20 does not exceed $100,000 and is based on a contract, obligation, 21 or liability founded on a written instrument, except for an 22 action relating to real property, must be brought by summary 23 procedure as provided in s. 51.011, and the court shall advance 24 the action on the calendar, subject to paragraph (b). 25 (b) The court may: 26 1. Bifurcate a proceeding to determine liability by summary 27 procedure; or 28 2. Upon a showing by either party by clear and convincing 29 evidence that summary procedure is inappropriate, determine that 30 summary procedure does not apply. 31 Section 2. Present subsections (2) through (5) of section 32 34.01, Florida Statutes, are renumbered as subsections (3) 33 through (6), respectively, and a new subsection (2) is added to 34 that section, to read: 35 34.01 Jurisdiction of county court.— 36 (2)(a) An action under paragraph (1)(c) must be brought by 37 summary procedure as provided in s. 51.011 and the court shall 38 advance the action on the calendar, subject to paragraph (b). 39 (b) Upon a showing by either party by clear and convincing 40 evidence that summary procedure is inappropriate, the court may 41 determine that summary procedure does not apply. 42 Section 3. Subsection (8) is added to section 57.105, 43 Florida Statutes, to read: 44 57.105 Attorney feesAttorney’s fee; sanctions for raising 45 unsupported claims or defenses; exceptions; service of motions; 46 damages for delay of litigation.— 47 (8) An award of fees or damages under this section must be 48 upheld unless a subsequent court determines that the lower court 49 clearly abused its discretion in making the award. 50 Section 4. This act shall take effect July 1, 2019.