CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3875

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Wiles offered the following:

12

13         Amendment (with title amendment) 

14         On page 4, line 6 through page 6, line 18

15  remove from the bill:  all of said lines

16

17  and insert in lieu thereof:

18         Section 2.  Section 768.36, Florida Statutes, is

19  created to read:

20         768.36  Alcohol or drug defense.--

21         (1)  As used in this section, the term:

22         (a)  "Alcoholic beverage" means distilled spirits and

23  any beverage that contains 0.5 percent or more alcohol by

24  volume as determined in accordance with s. 561.01(4)(b).

25         (b)  "Drug" means any chemical substance set forth in

26  s. 877.111, or any substance controlled under chapter 893. The

27  term does not include any drug or medication obtained by the

28  plaintiff pursuant to a prescription, as defined in s. 893.02,

29  which was taken in accordance with the prescription, or any

30  medication that is authorized pursuant to state or federal law

31  for general distribution and use without a prescription in

                                  1

    File original & 9 copies    03/05/98
    hmo0006                     04:05 pm         03875-0020-952387




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3875

    Amendment No.     (for drafter's use only)





 1  treating human diseases, ailments, or injuries, and that was

 2  taken in the recommended dosage.

 3         (2)  In any civil action, a plaintiff who, at the time

 4  he or she was injured, was under the influence of any

 5  alcoholic beverage or drug to the extent that the plaintiff's

 6  normal faculties were impaired, or who had a blood or breath

 7  alcohol level of 0.08 percent or higher, and, as a result of

 8  the influence of such alcoholic beverage or drug, was more

 9  than 50 percent at fault for such plaintiff's harm, may not

10  recover any damages for loss or injury to his or her person or

11  property.

12

13

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

15  And the title is amended as follows:

16         On page 1, lines 8 through 16

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

18

19  and insert in lieu thereof:

20         presumption; creating s. 768.36, F.S.;

21         prohibiting a plantiff from recovering damages

22         if the plaintiff was more than a specified

23         percentage at fault due to the influence of an

24         alcoholic beverage or drugs; providing an

25

26

27

28

29

30

31

                                  2

    File original & 9 copies    03/05/98
    hmo0006                     04:05 pm         03875-0020-952387