House Bill 3879e2

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                                         HB 3879, Second Engrossed



  1                      A bill to be entitled

  2         An act relating to negligence; amending s.

  3         768.76, F.S.; exempting compensation under

  4         workers' compensation from certain reductions

  5         for collateral sources; revising language with

  6         respect to collateral sources of indemnity to

  7         redefine the term "collateral sources" with

  8         respect to negligence actions; amending s.

  9         768.81, F.S.; revising language with respect to

10         the applicability of joint and several

11         liability to certain actions; providing that

12         certain employers participating in a worker's

13         compensation eligibility program shall not be

14         considered a party in a negligence action and

15         shall not be listed as a tortfeasor on certain

16         jury verdicts; providing an effective date.

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

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20         Section 1.  Subsections (1) and (2) of section 768.76,

21  Florida Statutes, is amended to read:

22         768.76  Collateral sources of indemnity.--

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

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

25  and in which damages are awarded to compensate the claimant

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

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

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

29  available to the claimant, from all collateral sources;

30  however, except in the case of compensation received or

31  payable under workers' compensation, there shall be no


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                                         HB 3879, Second Engrossed



  1  reduction for collateral sources for which a subrogation or

  2  reimbursement right exists. Such reduction shall be offset to

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

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

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

  6  collateral source benefit which the claimant is receiving as a

  7  result of her or his injury.

  8         (2)  For purposes of this section:

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

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

11  to:

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

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

14  disability act; or any other public programs providing medical

15  expenses, disability payments, or other similar benefits,

16  except those prohibited by federal law and those expressly

17  excluded by law as collateral sources.

18         2.  Any health, sickness, or income disability

19  insurance; automobile accident insurance that provides health

20  benefits or income disability coverage; and any other similar

21  insurance benefits, except life insurance benefits available

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

23  by others.

24         3.  Any contract or agreement of any group,

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

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

27  health care services.

28         4.  Any contractual or voluntary wage continuation plan

29  provided by employers or by any other system intended to

30  provide wages during a period of disability.

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                                         HB 3879, Second Engrossed



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

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

  3         (b)  Notwithstanding any other provision of this

  4  section, benefits received under Medicare, or any other

  5  federal program providing for a Federal Government lien on or

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

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

  8  of the Social Security Act or from any medical services

  9  program administered by the Department of Health and

10  Rehabilitative Services shall not be considered a collateral

11  source.

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

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

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

15  section to read:

16         768.81  Comparative fault.--

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

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

19  participating in a worker's compensation eligibility program,

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

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

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

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

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

25  shall be considered collateral sources as provided in s.

26  768.76. APPLICABILITY OF JOINT AND SEVERAL

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

28  the doctrine of joint and several liability applies to all

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

30  $25,000.

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                                         HB 3879, Second Engrossed



  1         (6)  APPLICABILITY OF JOINT AND SEVERAL

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

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

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

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

  6  year in which enacted.

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