House Bill 3879e1

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                                      HB 3879, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to negligence; amending s.

  3         768.76, F.S.; revising language with respect to

  4         collateral sources of indemnity to redefine the

  5         term "collateral sources" with respect to

  6         negligence actions; amending s. 768.81, F.S.;

  7         revising language with respect to the

  8         applicability of joint and several liability to

  9         certain actions; providing that certain

10         employers participating in a worker's

11         compensation eligibility program shall not be

12         considered a party in a negligence action and

13         shall not be listed as a tortfeasor on certain

14         jury verdicts; providing an effective date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Subsection (2) of section 768.76, Florida

19  Statutes, is amended to read:

20         768.76  Collateral sources of indemnity.--

21         (1)  In any action to which this part applies in which

22  liability is admitted or is determined by the trier of fact

23  and in which damages are awarded to compensate the claimant

24  for losses sustained, the court shall reduce the amount of

25  such award by the total of all amounts which have been paid

26  for the benefit of the claimant, or which are otherwise

27  available to the claimant, from all collateral sources;

28  however, except in the case of compensation received or

29  payable under workers' compensation, there shall be no

30  reduction for collateral sources for which a subrogation or

31  reimbursement right exists. Such reduction shall be offset to


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                                      HB 3879, First Engrossed/ntc



  1  the extent of any amount which has been paid, contributed, or

  2  forfeited by, or on behalf of, the claimant or members of the

  3  claimant's immediate family to secure her or his right to any

  4  collateral source benefit which the claimant is receiving as a

  5  result of her or his injury.

  6         (2)  For purposes of this section:

  7         (a)  "Collateral sources" means any payments made to

  8  the claimant, or made on the claimant's behalf, by or pursuant

  9  to:

10         1.  The United States Social Security Act, except Title

11  XVIII and Title XIX; any federal, state, or local income

12  disability act; or any other public programs providing medical

13  expenses, disability payments, or other similar benefits,

14  except those prohibited by federal law and those expressly

15  excluded by law as collateral sources.

16         2.  Any health, sickness, or income disability

17  insurance; automobile accident insurance that provides health

18  benefits or income disability coverage; and any other similar

19  insurance benefits, except life insurance benefits available

20  to the claimant, whether purchased by her or him or provided

21  by others.

22         3.  Any contract or agreement of any group,

23  organization, partnership, or corporation to provide, pay for,

24  or reimburse the costs of hospital, medical, dental, or other

25  health care services.

26         4.  Any contractual or voluntary wage continuation plan

27  provided by employers or by any other system intended to

28  provide wages during a period of disability.

29         5.  Any compensation received or payable under worker's

30  compensation as defined in s. 440.02(6).

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                                      HB 3879, First Engrossed/ntc



  1         (b)  Notwithstanding any other provision of this

  2  section, benefits received under Medicare, or any other

  3  federal program providing for a Federal Government lien on or

  4  right of reimbursement from the plaintiff's recovery, the

  5  Workers' Compensation Law, the Medicaid program of Title XIX

  6  of the Social Security Act or from any medical services

  7  program administered by the Department of Health and

  8  Rehabilitative Services shall not be considered a collateral

  9  source.

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

11  Statutes, is amended, present subsection (6) is renumbered as

12  subsection (7) and a new subsection (6) is added to said

13  section to read:

14         768.81  Comparative fault.--

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

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

17  participating in a worker's compensation eligibility program,

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

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

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

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

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

23  shall be considered collateral sources as provided in s.

24  768.76. APPLICABILITY OF JOINT AND SEVERAL

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

26  the doctrine of joint and several liability applies to all

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

28  $25,000.

29         (6)  APPLICABILITY OF JOINT AND SEVERAL

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

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                                      HB 3879, First Engrossed/ntc



  1  the doctrine of joint and several liability shall not apply to

  2  that portion of economic damages in excess of $250,000.

  3         Section 3.  This act shall take effect October 1 of the

  4  year in which enacted.

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