Loading chat...

FL H1179

Bill

Status

Failed

3/8/2024

Primary Sponsor

Tommy Gregory

Click for details

Origin

House of Representatives

2024 Regular Session

AI Summary

  • Creates the "Litigation Investment Safeguards and Transparency Act," establishing a new regulatory framework for litigation financing agreements in Florida under Part II of Chapter 69, F.S., effective July 1, 2024

  • Requires parties and attorneys who enter into litigation financing agreements to disclose the agreement's existence and provide copies to all opposing parties, the court, and known indemnifiers within 30 days of commencement of the action or execution of the agreement, whichever is earlier

  • Prohibits litigation financiers from directing litigation strategy, settlement decisions, or counsel selection; receiving a larger share of proceeds than the plaintiffs collectively recover after fees and costs; paying referral fees to attorneys or health care practitioners; or assigning or securitizing financing agreements

  • Mandates disclosure to all parties, the court, the Department of Financial Services, and the Attorney General of any foreign person, foreign principal, or sovereign wealth fund involvement in litigation financing, including those receiving contingent payments, providing funds, or obtaining proprietary or national security information

  • Litigation financiers must indemnify plaintiffs and their counsel against adverse costs, fees, damages, or sanctions ordered in the financed proceeding, except those resulting from intentional misconduct; agreements violating the act are void, and violations of prohibited conduct or indemnification requirements are actionable under the Florida Deceptive and Unfair Trade Practices Act

Legislative Description

Litigation Financing

Last Action

Died in Justice Appropriations Subcommittee

3/8/2024

Committee Referrals

Justice Appropriations Subcommittee1/25/2024
Civil Justice Subcommittee1/9/2024

Full Bill Text

No bill text available