HOUSE AMENDMENT

    hbd-06                                        Bill No. HB 3879

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Sublette offered the following:

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13         Amendment 

14         On page 2, lines 25-31, and on page 3, lines 1-16,

15  remove from the bill:  all of said lines

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17  and insert in lieu thereof:

18         Section 2.  Subsection (5) of section 768.81, Florida

19  Statutes, is amended to read:

20         768.81  Comparative fault.--

21         (5)  WORKER'S COMPENSATION.--For the purposes of this

22  section, an employer as defined in s. 440.02(14),

23  participating in a worker's compensation eligibility program,

24  shall not be considered a party in a negligence action and

25  shall not be listed as a tortfeasor on the jury verdict form

26  with respect to accidents arising out of work performed in the

27  course and scope of employment, as described in s. 440.09. Any

28  payments made by an employer covered by worker's compensation

29  shall be considered collateral sources as provided in s.

30  768.76. APPLICABILITY OF JOINT AND SEVERAL

31  LIABILITY.--Notwithstanding the provisions of this section,

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    File original & 9 copies    03/05/98
    hbd0005                     02:53 pm         03879-0040-035075




                                                   HOUSE AMENDMENT

    hbd-06                                        Bill No. HB 3879

    Amendment No.     (for drafter's use only)





 1  the doctrine of joint and several liability applies to all

 2  actions in which the total amount of damages does not exceed

 3  $25,000.

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    File original & 9 copies    03/05/98
    hbd0005                     02:53 pm         03879-0040-035075