summary
Introduced
01/07/2026
01/07/2026
In Committee
01/15/2026
01/15/2026
Crossed Over
Passed
Dead
03/13/2026
03/13/2026
Introduced Session
2026 Regular Session
Bill Summary
An act relating to litigation financing; providing a short title; designating part I of ch. 69, F.S., entitled "General Provisions"; creating part II of ch. 69, F.S., entitled "Litigation Financing"; creating s. 69.101, F.S.; providing definitions; creating s. 69.103, F.S.; requiring courts to consider potential conflicts of interest that may arise from the existence of a litigation financing agreement in specified circumstances; creating s. 69.105, F.S.; prohibiting specified acts by litigation financiers; creating s. 69.107, F.S.; requiring certain parties that enter into specified litigation financing agreements to serve specified notice; providing requirements for such notices; providing that certain information is not required to be included in such notices; authorizing courts to take specified actions relating to such notices; prohibiting foreign funders from taking specified actions; providing construction; providing penalties; creating s. 69.111, F.S.; providing that a litigation financing agreement is void and unenforceable in specified circumstances; providing for enforcement of specified violations under the Florida Deceptive and Unfair Trade Practices Act; authorizing a court, an agency, or a tribunal of competent jurisdiction to impose fines or other sanctions for certain violations; providing severability; providing applicability; providing an effective date.
AI Summary
This bill, titled the "Litigation Investment Safeguards and Transparency Act," establishes new regulations for litigation financing, which is defined as an agreement where a third-party financier provides funds for a legal case in exchange for a share of the potential outcome, excluding certain arrangements like personal living expenses or standard attorney contingency fees. The bill requires courts to consider potential conflicts of interest arising from these agreements, particularly in class action lawsuits or consolidated cases, to ensure adequate representation of all parties. It also prohibits litigation financiers from controlling the legal proceedings, receiving a larger share of proceeds than the plaintiffs after fees and costs, or paying referral fees to individuals like attorneys or healthcare practitioners; it also prevents them from assigning or securitizing these agreements or taking rights beyond a share of the proceeds. A key provision mandates that if a party or their attorney enters into a litigation financing agreement with a foreign entity (defined to include foreign individuals, governments, or entities not primarily based in the U.S.), they must disclose the existence of this funding relationship, the foreign funder's identity and jurisdiction, and any foreign entity owning or controlling 3% or more of the financier. This disclosure must be made to the court, all parties, and state financial and attorney general offices within specific timeframes, though proprietary financial terms can be kept confidential and filed under seal. Foreign funders are also prohibited from using domestic entities to hide their involvement or sharing sensitive litigation information with non-parties. Violations of these provisions can render the financing agreement void, lead to enforcement under Florida's Deceptive and Unfair Trade Practices Act, and result in fines or other sanctions by the court or relevant agencies, with the act's provisions generally applying to agreements made on or after July 1, 2026.
Committee Categories
Justice
Sponsors (1)
Last Action
Died in Civil Justice & Claims Subcommittee (on 03/13/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.flsenate.gov/Session/Bill/2026/1157 |
| BillText | https://www.flsenate.gov/Session/Bill/2026/1157/BillText/Filed/PDF |
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