National Center for State Courts

 

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Florida Mass Tort Survey

    

 

   

Mass Tort
Florida
Survey Results



Tracking and/or reporting of mass tort cases

None for mass torts statewide.

Civil Cover Sheet for the Hillsborough County (Thirteenth Judicial Circuit) Complex Business Litigation Division lists domestic relations, tort, and other civil. Tort categories include professional malpractice, products liability, auto negligence, and other negligence.

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Definition of "mass tort"

None known.

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Procedural rules

Florida Rule of Civil Procedure 1.200. Pretrial procedure. 


Florida Rule of Civil Procedure 1.220. Class Actions.


Florida Rule of Civil Procedure 1.221. Condominium Associations. (Allows Condo Associations to bring class action lawsuits.)


Florida Rule of Civil Procedure 1.222. Mobile Homeowners' Associations. (Same for Mobile Homeowner’s Associations.)


Thirteenth Judicial Circuit Complex Business Litigation Division Procedures

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Statutes

Fla. Stat. § 44.103. Court may refer any contested civil action filed in circuit or county court to court-annexed, non-binding arbitration.


Fla. Stat. § 44.104 includes the procedure for voluntary trial resolution. See Case Management. 


Fla. Stat. § 68.098. Prohibits the use of state civil legal assistance funds from being used to file class action lawsuits.

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Case law

Roberts v. Braynon, 90 So.2d 623 (S.Ct. 1956). Discusses how the trial court may enter summary judgment on its own motion.


Rose v. Yulle
, 88 So.2d 318 (S.Ct. 1956). Held that on pretrial the trial court may order a party to disclose names of all witnesses expected to be questioned at trial. The state supreme court suggested in the opinion that the party seeking to have a material witness testify who had not been mentioned at pretrial conference should advise the court and opposing counsel what the witness would testify to, that the testimony was material and essential to prove the party's case, and that there could be no lawful objection to its introduction into evidence.

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Administrative orders

Task Force on Management of Cases Involvling Complex Litigation. AOSC 06-53.

In Re: Electronic Filing Committee. No. AOSC03-37.


In Re: Trial Court Technology Committee. No. AOSC04-85.


In Re: Appellate Court Technology Committee. No. AOSC04-22.


In Re: Florida Courts Technology Committee. No. AOSC03-35.


Re: Pre-trial Conferences. A. O. No. PA/PI-CIR-98-49. (Sixth Judicial Circuit)


Re: Assignment of Asbestos Cases. CV 2000-012 VL (Seventh Judicial Circuit)

Re: Assignment of Tobacco Cases. CV 2000-013 VL (Seventh Judicial Circuit)

Re: Assignment of Fen-Phen Cases. CV 2000-014 VL (Seventh Judicial Circuit)

Re: Assignment of Benlate Cases.  CV 2000-015 VL (Seventh Judicial Circuit)

Re: Assignment of Syngenta/Helena Cases. CV 2002-016 VL (Seventh Judicial Circuit)

Order Governing Complex Business Litigation Court: Orange County (amending 2003-17-2). A, O. No. 2003-17-03. (Ninth Judicial Circuit)


Order Implementing the Business Court Procedures. A.O. No. 2004-03. (Ninth Judicial Circuit)

Order Creating Subdivision 43 in Circuit Civil Division to hear Complex Business Litigation Cases. A.O. No. 2005-13. (Ninth Judicial Circuit)

Creation of Division Z, Assignment and Transfer of Asbestos Litigation. A-1889-085. (Thirteenth Judicial Circuit)

Complex Business Litigation Division. S-2007-004. (Thirteenth Judicial Circuit)

Asbestos Division. A.O. No. 3.020-11/05* (Fifteenth Judicial Circuit, Palm Beach County)

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Interlocutory appeal

None known.

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Infrastructure: special dockets

Complex case divisions exist in the following counties: Orange and Osceola (Ninth Judicial Circuit Court business court); Dade (extended trial division); DeSoto (major trial division); Manatee (major trial division); Sarasota (major trial division); Broward (two in circuit civil); Hillsborough (Thirteenth Judicial Circuit Complex Business Litigation Division).

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Infrastructure: task forces, commissions, or other policy-level bodies

Florida has a Task Force on Management of Cases Involving Complex Litigation. It was established by Administrative Order AOSC06-53 to study and examine the efficient and effective managment of complex litigation. Issues being considered by the task force include resolving discovery, case porcessing, and preservation of judicial resources. The task force is considering changes to the current rule of civil procedure but has not yet adopted any changes. The transcript from its June 27, 2007, panel discussion is available online.

Supreme Court
Committee on ADR Rules and Policy.

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Case management

Pretrial case management conferences have been used successfully for several years. R. 1.200 is substantially the same as former R. 1.16 and FRCP 16. Either party may move for the procedure.


There are ten circuit civil mediation programs; an appellate mediation program; and three non-binding arbitration programs. Judges may assign non-binding arbitration cases to a single arbitrator or panel of three. 


Parties may also elect to have their case heard by a member of the state bar for voluntary trial resolution. The trial resolution judge's award is appealable directly to the appellate court.


See Florida Dispute Resolution Center. Florida Mediation & Arbitration Programs: A Compendium. Tallahassee: Florida Dispute Resolution Center, 2005. 

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Technology

Orange and Osceola (Ninth Judicial Circuit Court) Courtroom 23+.


See the Court Technology Main Page and the following Administrative Orders relating to technology:


In Re: Electronic Filing Committee. No. AOSC03-37.


In Re: Trial Court Technology Committee. No. AOSC04-85.


In Re: Appellate Court Technology Committee. No. AOSC04-22.


In Re: Florida Courts Technology Committee. No. AOSC03-35.

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Last Modified: 1/22/2007 11:58:25 AM

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