HOUSE AMENDMENT

    hbd-06                                        Bill No. HB 3873

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Frankel offered the following:

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13         Amendment (with title amendment) 

14         On page 3, line 22, through page 4, line 21,

15  remove from the bill:  all of said lines

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17  and insert in lieu thereof:

18         (1)(a)  In any civil action based on negligence, strict

19  liability, products liability, misconduct in commercial

20  transactions, professional liability, or breach of warranty,

21  and involving willful, wanton, or gross misconduct, the

22  judgment for the total amount of punitive damages awarded to a

23  claimant may not exceed three times the amount of compensatory

24  damages awarded to each person entitled thereto by the trier

25  of fact, except as provided in paragraph (b).  However, this

26  subsection does not apply to any class action.

27         (b)  If any award for punitive damages exceeds the

28  limitation specified in paragraph (a), the award is presumed

29  to be excessive and the defendant is entitled to remittitur of

30  the amount in excess of the limitation unless the claimant

31  demonstrates to the court by clear and convincing evidence

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    File original & 9 copies    03/05/98
    hbd0005                     09:36 am         03873-0085-860091




                                                   HOUSE AMENDMENT

    hbd-06                                        Bill No. HB 3873

    Amendment No.     (for drafter's use only)





 1  that the award is not excessive in light of the facts and

 2  circumstances which were presented to the trier of fact.

 3         (c)  This subsection is not intended to prohibit an

 4  appropriate court from exercising its jurisdiction under s.

 5  768.74 in determining the reasonableness of an award of

 6  punitive damages that is less than three times the amount of

 7  compensatory damages.

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10  ================ T I T L E   A M E N D M E N T ===============

11  And the title is amended as follows:

12         On page 1, lines 14-18,

13  remove from the title of the bill:  all of said lines

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15  and insert in lieu thereof:

16         exception; amending s. 768.73, F.S.; providing

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    File original & 9 copies    03/05/98
    hbd0005                     09:36 am         03873-0085-860091