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





                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Warner offered the following:

12

13         Amendment (with title amendment) 

14  remove from the bill:  everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Subsection (2) of section 95.031, Florida

18  Statutes, is amended to read:

19         95.031  Computation of time.--Except as provided in

20  subsection (2) and in s. 95.051 and elsewhere in these

21  statutes, the time within which an action shall be begun under

22  any statute of limitations runs from the time the cause of

23  action accrues.

24         (2)  Actions for products liability and fraud under s.

25  95.11(3) must be begun within the period prescribed in this

26  chapter, with the period running from the time the facts

27  giving rise to the cause of action were discovered or should

28  have been discovered with the exercise of due diligence,

29  instead of running from any date prescribed elsewhere in s.

30  95.11(3), but in no event may an action for product liability

31  or fraud under s. 95.11(3) be commenced unless the complaint

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  is served and filed within 12 years after the date of delivery

 2  of the product to its first purchaser or lessee who was not

 3  engaged in the business of selling or leasing the product or

 4  of using the product as a component in the manufacture of

 5  another product or any event an action for fraud under s.

 6  95.11(3) must be begun within 12 years after the date of the

 7  commission of the alleged fraud, regardless of the date the

 8  defect in the product or the fraud was or should have been

 9  discovered. However, the 12-year limitation on filing an

10  action for products liability does not apply if the

11  manufacturer knew of a defect in the product and concealed or

12  attempted to conceal this defect. In addition, the 12-year

13  limitation does not apply if the claimant was exposed to or

14  used the product within the 12-year period, but an injury

15  caused by such exposure or use did not manifest itself until

16  after the 12-year period. Furthermore, the 12-year statute of

17  repose specified herein shall not apply to any aircraft other

18  than general aviation aircraft as defined in Title 49, Section

19  40101, United States Code, and, in the case of such aircraft

20  to which the federal law does not apply, the period of repose

21  under this section will be 18 years.

22         Section 2.  Section 768.1256, Florida Statutes, is

23  created to read:

24         768.1256  Government rules defense.--

25         (1)  In a product liability action brought against a

26  manufacturer or seller for harm allegedly caused by a product,

27  the jury shall be instructed that there is a rebuttable

28  presumption that the manufacturer or seller is not liable if,

29  at the time the specific unit of the product was sold or

30  delivered to the initial purchaser or user, the aspect of the

31  product that allegedly caused the harm was in compliance with

                                  2

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  standards relevant to the event causing the death or injury

 2  set forth in a federal or state statute or was approved by, or

 3  was in compliance with regulations or standards relevant to

 4  the event causing the death or injury promulgated by, a

 5  federal or state agency responsible for reviewing the safety

 6  of the product. Noncompliance with a standard relevant to the

 7  event causing the death or injury set forth in a federal or

 8  state statute or lack of approval by, or noncompliance with

 9  regulations or standards relevant to the event causing the

10  death or injury promulgated by, a federal or state agency does

11  not raise a presumption of negligence on the part of a

12  manufacturer or seller. Evidence of compliance or

13  noncompliance with a regulation or standard not relevant to

14  the event causing the death or injury is not admissible.

15         (2)  In a product liability action against a

16  manufacturer or seller, a defendant may raise an affirmative

17  defense that a product that is a drug is not defective or

18  unreasonably dangerous, if the drug was approved for safety

19  and efficacy by the United States Food and Drug Administration

20  and the drug and its labeling were in compliance with the

21  United States Food and Drug Administration's approval at the

22  time the drug left the control of the manufacturer or seller.

23  However, this subsection does not apply to a drug that is sold

24  in the United States after the effective date of an order of

25  the United States Food and Drug Administration to remove the

26  drug from the market or to withdraw its approval. This

27  subsection does not apply if the defendant at any time before

28  the event that allegedly caused the injury does any of the

29  following:

30         (a)  Intentionally withholds from or misrepresents to

31  the United States Food and Drug Administration information

                                  3

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  concerning the drug that is required to be submitted under the

 2  Federal Food, Drug and Cosmetic Act, chapter 675, 52 Stat.

 3  1040, 21 U.S.C. ss. 301 to 321, 331 to 343-2, 344 to 346a,

 4  347, 348 to 353, 355 to 360, 360b to 376, and 378 to 395, and

 5  the drug would not have been approved, or the United States

 6  Food and Drug Administration would have withdrawn approval

 7  for, the drug if the information had been accurately

 8  submitted; or

 9         (b)  Makes an illegal payment to an official or

10  employee of the United States Food and Drug Administration for

11  the purpose of securing or maintaining approval of the drug.

12         Section 3.  Any action that would not have been barred

13  under s. 95.031(2), Florida Statutes, prior to the amendments

14  to that section by this act may be commenced before June 1,

15  1999, and, if it is not commenced by that date, and is barred

16  by the amendments to s. 95.031(2), Florida Statutes, by this

17  act, shall be barred.

18         Section 4.  Subsections (6), (7), and (8) are added to

19  section 400.023, Florida Statutes, to read:

20         400.023  Civil enforcement.--

21         (6)  To recover attorneys' fees under this section the

22  following conditions precedent must be met:

23         (a)  Within 120 days of the filing of a responsive

24  pleading or defensive motion to a complaint brought pursuant

25  to this section, and before trial, the parties or their

26  designated representatives shall meet in mediation to discuss

27  the issues of liability and damages in accordance with

28  paragraph (a) for the purpose of early resolution of the

29  matter.

30         1.  The parties shall within 60 days of the filing of

31  the responsive pleading or defensive motion:

                                  4

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         a.  Agree on a mediator. If the parties cannot agree on

 2  a mediator, the defendant shall immediately notify the Court,

 3  which shall appoint a mediator within 10 days of such notice.

 4         b.  Set a date for mediation.

 5         c.  Prepare an order for the Court identifying the

 6  mediator, the scheduled date of the mediation and other terms

 7  of the mediation. Absent any disagreement between the parties,

 8  the Court may issue the order for the mediation submitted by

 9  the parties without hearing.

10         2.  The mediation must be concluded within 120 days of

11  the filing of responsive pleading or defensive motion. This

12  date may be extended only by agreement of all parties subject

13  to mediation under this subsection.

14         3.  The mediation shall be conducted in the following

15  manner:

16         a.  Each party shall have present at the mediation all

17  persons necessary to have complete settlement authority.

18         b.  All parties shall mediate in good faith.

19         4.  All aspects of the mediation not specifically

20  established by this subsection shall be conducted according to

21  the rules of practice and procedure adopted by the Supreme

22  Court of Florida.

23         (b)  If the parties do not settle the case pursuant to

24  mediation, the last offer of the defendant made at mediation

25  shall be recorded by the mediator in a written report stating

26  the amount of the offer, the date it was made in writing and

27  the date it was rejected. If the matter subsequently proceeds

28  to trial under this section and the plaintiff prevails but is

29  awarded an amount in damages exclusive of attorneys' fees

30  equal to or less than the last offer made by the defendant at

31  mediation, then the plaintiff shall not be entitled to recover

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  any attorneys' fees.

 2         (c)  This subsection shall apply only to claims for

 3  liability and damages and shall not apply to an action for

 4  injunctive relief.

 5         (d)  This subsection shall apply to all causes of

 6  action accruing after July 1, 1998.

 7         (7)  Discovery of financial information for the

 8  purposes of determining the value of punitive damages may not

 9  be had unless the plaintiff shows the Court by proffer or

10  evidence in the record that a reasonable basis exists to

11  support a claim for punitive damages.

12         (8)  Any award of punitive damages must be reasonable

13  in light of the harm suffered by the resident and the

14  egregiousness of the conduct causing the harm.

15         Section 5.  Section 768.72, Florida Statutes, is

16  amended to read:

17         768.72  Pleading in civil actions; claim for punitive

18  damages.--

19         (1)  In any civil action, no claim for punitive damages

20  shall be permitted unless there is a reasonable showing by

21  evidence in the record or proffered by the claimant which

22  would provide a reasonable basis for recovery of such damages.

23  The claimant may move to amend her or his complaint to assert

24  a claim for punitive damages as allowed by the rules of civil

25  procedure.  The rules of civil procedure shall be liberally

26  construed so as to allow the claimant discovery of evidence

27  which appears reasonably calculated to lead to admissible

28  evidence on the issue of punitive damages.  No discovery of

29  financial worth shall proceed until after the pleading

30  concerning punitive damages is permitted.

31         (2)  A defendant may be held liable for punitive

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  damages only if the trier of fact, based on clear and

 2  convincing evidence, finds that the defendant was personally

 3  guilty of intentional misconduct or gross negligence.

 4         (a)  "Intentional misconduct" means that the defendant

 5  had actual knowledge of the wrongfulness of the conduct and

 6  the high probability that injury or damage to the claimant

 7  would result and, despite that knowledge, intentionally

 8  pursued that course of conduct, resulting in injury or damage.

 9         (b)  "Gross negligence" means that the defendant's

10  conduct was so reckless or wanting in care that it constituted

11  a conscious disregard or indifference to the life, safety, or

12  rights of persons exposed to such conduct.

13         (3)  In the case of an employer, principal,

14  corporation, or other legal entity, punitive damages may be

15  imposed for the conduct of an employee or agent, only if the

16  conduct of the employee or agent meets the criteria specified

17  in subsection (2), and if:

18         (a)  The employer, principal, corporation, or other

19  legal entity actively and knowingly participated in such

20  conduct; or

21         (b)  The officers, directors, or managers of the

22  employer, principal, corporation, or other legal entity

23  knowingly condoned, ratified, or consented to such conduct; or

24         (c)  The employer, principal, corporation, or other

25  legal entity engaged in conduct which constituted gross

26  negligence and which contributed to the loss, damages, or

27  injury suffered by the claimant.

28         (4)  The provisions of this section are remedial in

29  nature and shall be applied to all civil actions pending on

30  the effective date of this act in which the trial or retrial

31  of the action has not commenced.

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (5)  The provisions of this section shall not apply

 2  with regard to any civil action based upon child abuse, abuse

 3  of the elderly, or abuse of the developmentally disabled, or

 4  arising under chapter 400.

 5         Section 6.  Section 768.73, Florida Statutes, is

 6  amended to read:

 7         768.73  Punitive damages; limitation.--

 8         (1)(a)  In any civil action in which the judgment for

 9  compensatory damages is for $50,000 or less, judgment for

10  punitive damages awarded to a claimant may not exceed

11  $250,000, except as provided in paragraph (b). In any civil

12  action in which the judgment for compensatory damages exceeds

13  $50,000, the judgment for punitive damages awarded to a

14  claimant may not exceed three times the amount of compensatory

15  damages or $250,000, whichever is higher, except as provided

16  in paragraph (b) based on negligence, strict liability,

17  products liability, misconduct in commercial transactions,

18  professional liability, or breach of warranty, and involving

19  willful, wanton, or gross misconduct, the judgment for the

20  total amount of punitive damages awarded to a claimant may not

21  exceed three times the amount of compensatory damages awarded

22  to each person entitled thereto by the trier of fact, except

23  as provided in paragraph (b).  However, this subsection does

24  not apply to any class action.

25         (b)  No award for punitive damages may exceed the

26  limitations If any award for punitive damages exceeds the

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

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

29  the amount in excess of the limitation unless the claimant

30  demonstrates to the court by clear and convincing evidence

31  that the defendant engaged in intentional misconduct and that

                                  8

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  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.

 8         (2)(a)  If any defendant in any civil action determines

 9  that it has been or may be subject to repetitive claims for

10  punitive damages arising out of the same act or course of

11  conduct, the defendant may move the court for a full

12  determination of the defendant's punitive damage liability for

13  all consequences of the act or course of conduct.  Under such

14  circumstances, the issue of liability for punitive damages

15  shall be tried separately from the issue of liability for

16  compensatory damages. Evidence relating to whether punitive

17  damages should be awarded and, if so, in what amount, shall

18  not be admissible until the trier of fact has determined the

19  amount of compensatory damages. The same trier of fact that

20  tried the issues relating to compensatory damages shall try

21  the issues relating to punitive damages. In the phase of the

22  trial concerning punitive damages, if the trier of fact finds

23  that punitive damages are warranted, the trier of fact should

24  consider the national scope, if any, of the misconduct, the

25  degree of wrongfulness and duration of any misconduct, the

26  scope and severity of damages, the financial resources of the

27  defendant, the number of persons harmed, the efforts made by

28  defendant to eliminate or reduce the effects of the

29  misconduct, as well as all other measures taken by the

30  defendant to mitigate the misconduct and damages caused

31  thereby. The court shall reduce any award of punitive damages

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  by the amount of any previous punitive damages awards imposed

 2  against the defendant which arose out of the same act or

 3  course of conduct.

 4         (b)  As soon as practicable after the defendant moves

 5  for a consolidated punitive damages trial, or within a time

 6  frame set by the court, the defendant shall make reasonable

 7  efforts to compile a list of current and potential claimants

 8  who will share any punitive award. The defendant shall make

 9  reasonable efforts to identify and notify any persons or

10  entities that have been impacted by the act or course of

11  conduct under consideration in the punitive damages phase of

12  the trial. Any punitive damages awarded during a trial under

13  this subsection will, to the extent practicable, be equally

14  distributed among current and potential claimants, in a manner

15  to be decided by the trial court.  Once a defendant's

16  liability for repetitive punitive damages has been determined

17  under this subsection, no further punitive damages can be

18  awarded in connection with the act or course of conduct

19  covered in this trial.

20         (c)  In a consolidated punitive damages trial, the

21  claimants' aggregate attorney fee in regard to punitive

22  damages shall be limited to 15 percent of the overall punitive

23  damages award.

24         (3)  If punitive damages have been awarded against a

25  defendant three or more times before the effective date of

26  this act in any state or federal court in actions alleging

27  harm from the same act or course of conduct for which a

28  claimant subsequently seeks compensatory damages, the court

29  may conduct a hearing prior to trial to determine whether the

30  previous awards are sufficient to address all consequences of

31  the act or course of conduct. In making such determination the

                                  10

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  court shall consider the factors set forth in paragraph (2)(a)

 2  as well as whether any previous trier of fact considered the

 3  full scope of wrongful conduct and resulting harm. If the

 4  court determines that the previous awards are sufficient the

 5  punitive damage claim shall not be allowed.

 6         (4)  The provisions of this section are remedial in

 7  nature and shall be applied to all civil actions pending on

 8  the effective date of this act in which the trial or retrial

 9  of the action has not commenced.

10         (5)(2)  The jury may neither be instructed nor informed

11  as to the provisions of this section.

12         (6)  The provisions of this section shall not apply

13  with regard to any civil action based upon child abuse, abuse

14  of the elderly, or abuse of the developmentally disabled, or

15  arising under chapter 400.

16         Section 7.  Section 768.0705, Florida Statutes, is

17  created to read:

18         768.0705  Limitation on premises liability.--

19         (1)  If at least six of the following eight provisions

20  of this section are met, there shall be a presumption that a

21  person or organization owning or controlling an interest in

22  commercial real property, other than a convenience store, has

23  fulfilled any duty to provide adequate security for invitees,

24  guests, and other members of the public, against criminal acts

25  which occur in common areas, parking areas, and on portions of

26  the premises not occupied by buildings or structures and which

27  are committed by third parties who are not employees or agents

28  of the person or organization owning or controlling the

29  interest in commercial real property.

30         (a)  Signs shall be prominently posted in the parking

31  area and other public access points on the premises indicating

                                  11

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  the hours of normal business operations and the general

 2  security measures provided.

 3         (b)  The parking area, public walkways, public building

 4  entrances and exits, shall be illuminated at an intensity of

 5  at least 2 foot-candles per square foot at 18 inches above the

 6  surface of the ground, pavement, or walkway.

 7         (c)  Crime prevention training, with a curriculum

 8  approved by the local law enforcement agency or the Department

 9  of Legal Affairs, shall be provided to all nonmanagement

10  on-site employees.  To meet the requirements of this

11  paragraph, existing employees shall receive training within 12

12  months of the effective date of this section and new employees

13  shall receive training within 120 days of hiring.  No person

14  shall be liable for ordinary negligence due to implementing

15  the approved curriculum so long as the training was actually

16  provided.  Under no circumstances shall the state or the local

17  law enforcement agency be held liable for the contents of the

18  approved curriculum.

19         (d)  Security cameras shall be installed and

20  maintained, and shall be monitored or recorded, covering

21  public entrances and exits to buildings and at least half the

22  parking lot.  Cameras shall operate during business hours and

23  for at least 30 minutes after closing.

24         (e)  An emergency call box, or an alarm system linked

25  to law enforcement, a private security agency, or a security

26  guard or other agent on the premises, shall be maintained and

27  available within 150 feet of any location in the parking lot

28  or other public place on the premises.

29         (f)  A licensed security guard or law enforcement

30  officer is on duty at the time of the criminal occurrence and

31  is either monitoring surveillance cameras or patrolling the

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  premises with such frequency that the parking area and common

 2  areas are observed by the guard at no more than 15 minute

 3  intervals.

 4         (g)  Perimeter fencing shall be installed and

 5  maintained, which surrounds parking areas and structures, and

 6  which directs pedestrian entry onto the premises.

 7         (h)  Landscaping shall be maintained so as to provide

 8  no hiding place or obstruct the view of security personnel or

 9  cameras.

10         (2)  The owner or operator of a convenience business,

11  that substantially implements the applicable security measures

12  listed in ss. 812.173 and 812.174 shall gain a presumption

13  against liability in connection with criminal acts which occur

14  on the premises and which are committed by third parties who

15  are not employees or agents of the owner or operator of the

16  convenience business.

17         (3)  Failure to implement a sufficient number of the

18  measures listed in subsection (1) or subsection (2) shall not

19  create a presumption of liability.

20         Section 8.  Section 768.075, Florida Statutes, is

21  amended to read:

22         768.075  Immunity from liability for injury to

23  trespassers on real property; definitions; duty to

24  trespassers.--

25         (1)  A person or organization owning or controlling an

26  interest in real property, or an agent of such person or

27  organization, shall not be held liable for any civil damages

28  for death of or injury or damage to a trespasser upon the

29  property resulting from or arising by reason of the

30  trespasser's commission of the offense of trespass as

31  described in s. 810.08 or s. 810.09, when such trespasser was

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  under the influence of alcoholic beverages with a

 2  blood-alcohol level of 0.08 0.10 percent or higher, when such

 3  trespasser was under the influence of any chemical substance

 4  set forth in s. 877.111, when such trespasser was illegally

 5  under the influence of any substance controlled under chapter

 6  893, or if the trespasser is affected by any of the aforesaid

 7  substances to the extent that her or his normal faculties are

 8  impaired.  For the purposes of this section, voluntary

 9  intoxication or impediment of faculties by use of alcohol or

10  any of the aforementioned substances shall not excuse a party

11  bringing an action or on whose behalf an action is brought

12  from proving the elements of trespass as described in

13  paragraph (3)(a). However, the person or organization owning

14  or controlling the interest in real property shall not be

15  immune from liability if gross negligence or intentional

16  willful and wanton misconduct on the part of such person or

17  organization or agent thereof is a proximate cause of the

18  death of or injury or damage to the trespasser.

19         (2)  A person or organization owning or controlling an

20  interest in real property, or an agent of such person or

21  organization, shall not be held liable for any civil damages

22  for death of or injury or damage to any discovered or

23  undiscovered trespasser, except as provided in paragraphs

24  (3)(a), (b), and (c), and regardless of whether the trespasser

25  was intoxicated or otherwise impaired.

26         (3)(a)  As used in this subsection:

27         1.  "Implied invitation" means that the visitor

28  entering the premises has an objectively reasonable belief

29  that he or she has been invited or is otherwise welcome on

30  that portion of the real property where injury occurs.

31         2.  "Discovered trespasser" means a person who enters

                                  14

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  real property without invitation, either express or implied,

 2  and whose actual physical presence was detected within 24

 3  hours preceding the accident, by the person or organization

 4  owning or controlling an interest in real property, or to

 5  whose actual physical presence the person or organization

 6  owning or controlling an interest in real property was alerted

 7  by a reliable source within 24 hours preceding the accident.

 8  The status of a person who enters real property shall not be

 9  elevated to that of an invitee, unless the person or

10  organization owning or controlling an interest in real

11  property has issued an express invitation to enter the

12  property or has manifested a clear intent to hold the property

13  open to use by persons pursuing purposes such as those pursued

14  by the person whose status is at issue.

15         3.  "Undiscovered trespasser" means a person who enters

16  property without invitation, either express or implied, and

17  whose actual physical presence was not detected within 24

18  hours preceding the accident, by the person or organization

19  owning or controlling an interest in real property.

20         (b)  To avoid liability to undiscovered trespassers, a

21  person or organization owning or controlling an interest in

22  real property must refrain from intentional misconduct, but

23  has no duty to warn of dangerous conditions. To avoid

24  liability to discovered trespassers, a person or organization

25  owning or controlling an interest in real property must

26  refrain from gross negligence or intentional misconduct, and

27  must warn the trespasser of dangerous conditions, known to the

28  person or organization owning or controlling an interest in

29  real property, but which are not readily observable by others.

30         (c)  This subsection shall not be interpreted or

31  construed to alter the common law as it pertains to the

                                  15

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  attractive nuisance doctrine.

 2         Section 9.  Paragraph (b) of subsection (9) of section

 3  324.021, Florida Statutes, is amended to read:

 4         324.021  Definitions; minimum insurance required.--The

 5  following words and phrases when used in this chapter shall,

 6  for the purpose of this chapter, have the meanings

 7  respectively ascribed to them in this section, except in those

 8  instances where the context clearly indicates a different

 9  meaning:

10         (9)  OWNER; OWNER/LESSOR.--

11         (b)  Owner/lessor.--Notwithstanding any other provision

12  of the Florida Statutes or existing case law:,

13         1.  The lessor, under an agreement to lease a motor

14  vehicle for 1 year or longer which requires the lessee to

15  obtain insurance acceptable to the lessor which contains

16  limits not less than $100,000/$300,000 bodily injury liability

17  and $50,000 property damage liability or not less than

18  $500,000 combined property damage liability and bodily injury

19  liability, shall not be deemed the owner of said motor vehicle

20  for the purpose of determining financial responsibility for

21  the operation of said motor vehicle or for the acts of the

22  operator in connection therewith; further, this subparagraph

23  paragraph shall be applicable so long as the insurance meeting

24  these requirements is in effect.  The insurance meeting such

25  requirements may be obtained by the lessor or lessee,

26  provided, if such insurance is obtained by the lessor, the

27  combined coverage for bodily injury liability and property

28  damage liability shall contain limits of not less than $1

29  million and may be provided by a lessor's blanket policy.

30         2.  The lessor, under an agreement to rent or lease a

31  motor vehicle for a period of less than 1 year, shall be

                                  16

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  deemed the owner of the motor vehicle for the purpose of

 2  determining liability for the operation of said vehicle or the

 3  acts of the operator in connection therewith only up to

 4  $100,000 per person and up to $300,000 per incident for bodily

 5  injury and up to $50,000 for property damage.  In the event

 6  the lessee or the operator of the motor vehicle is uninsured

 7  or has any insurance with limits less than $500,000 combined

 8  property damage and bodily injury liability, the lessor shall

 9  be liable for up to an additional $500,000 in economic damages

10  only arising out of the use of the motor vehicle.  The

11  additional specified liability of the lessor for economic

12  damages shall be reduced by amounts actually recovered from

13  the lessee, the operator, and from any insurance or self

14  insurance covering the lessee or operator.  Nothing in this

15  paragraph shall be construed to affect the liability of the

16  lessor for its own negligence.

17         Section 10.  Subsections (1) and (2) of section 768.76,

18  Florida Statutes, is amended to read:

19         768.76  Collateral sources of indemnity.--

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

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

22  and in which damages are awarded to compensate the claimant

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

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

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

26  available to the claimant, from all collateral sources;

27  however, except in the case of compensation received or

28  payable under workers' compensation, there shall be no

29  reduction for collateral sources for which a subrogation or

30  reimbursement right exists. Such reduction shall be offset to

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

                                  17

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





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

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

 3  collateral source benefit which the claimant is receiving as a

 4  result of her or his injury.

 5         (2)  For purposes of this section:

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

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

 8  to:

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

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

11  disability act; or any other public programs providing medical

12  expenses, disability payments, or other similar benefits,

13  except those prohibited by federal law and those expressly

14  excluded by law as collateral sources.

15         2.  Any health, sickness, or income disability

16  insurance; automobile accident insurance that provides health

17  benefits or income disability coverage; and any other similar

18  insurance benefits, except life insurance benefits available

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

20  by others.

21         3.  Any contract or agreement of any group,

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

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

24  health care services.

25         4.  Any contractual or voluntary wage continuation plan

26  provided by employers or by any other system intended to

27  provide wages during a period of disability.

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

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

30         (b)  Notwithstanding any other provision of this

31  section, benefits received under Medicare, or any other

                                  18

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  federal program providing for a Federal Government lien on or

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

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

 4  of the Social Security Act or from any medical services

 5  program administered by the Department of Health and

 6  Rehabilitative Services shall not be considered a collateral

 7  source.

 8         Section 11.  Subsection (5) of section 768.81, Florida

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

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

11  section to read:

12         768.81  Comparative fault.--

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

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

15  participating in a worker's compensation eligibility program,

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

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

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

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

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

21  shall be considered collateral sources as provided in s.

22  768.76. APPLICABILITY OF JOINT AND SEVERAL

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

24  the doctrine of joint and several liability applies to all

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

26  $25,000.

27         (6)  APPLICABILITY OF JOINT AND SEVERAL

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

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

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

31         Section 12.  Expedited trials.--Upon the motion of any

                                  19

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  party to a simplified civil proceeding or upon the joint

 2  stipulation of the parties to any civil case, the court may

 3  conduct an expedited trial as provided herein. A simplified

 4  civil proceeding is a case involving only two parties, no more

 5  than two counts to the complaint or counter claim, and where

 6  the court finds there would be no prejudice to any party in

 7  conducting an expedited trial. Where two or more plaintiffs or

 8  defendants have a unity interest, such as a husband and wife,

 9  they shall be considered one party for the purpose of this

10  section. Unless otherwise ordered by the court or agreed to by

11  the parties with approval of the court, an expedited trial

12  shall be conducted as follows:

13         (1)  All discovery in the trial shall be completed

14  within 60 days.

15         (2)  All interrogatories and requests for production

16  will be served within 10 days and all responses will be served

17  within 20 days of receipt.

18         (3)  The court shall determine the number of

19  depositions required.

20         (4)  The case may be tried to a jury.

21         (5)  The trial of the case will be tried within 30 days

22  after the 60 day discovery cut-off.

23         (6)  The trial will be limited to 1 day.

24         (7)  The jury selection will be limited to 1 hour.

25         (8)  The plaintiff will have 3 hours to present its

26  case including opening, all testimony and evidence, and

27  closing.

28         (9)  The defendant will have 3 hours to present its

29  case including opening, all testimony and evidence, and

30  closing.

31         (10)  The jury will be given "plain language" jury

                                  20

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  instructions at the beginning of the trial as well as a "plain

 2  language" jury verdict form. The jury instructions and verdict

 3  form will be agreed to by the parties.

 4         (11)  The parties will be permitted to introduce a

 5  written report of any expert and the expert's curriculum vitae

 6  instead of calling the expert live at trial.

 7         (12)  At trial the parties may use excerpts from

 8  depositions, including video depositions, regardless of where

 9  the deponent lives or whether they are available to testify.

10         (13)  Except as approved by the court, the Florida

11  Evidence Code and the Florida Rules of Civil Procedure will

12  apply.

13         (14)  A unanimous jury verdict is not necessary to

14  resolve the case. A vote of 5-1 is sufficient.

15         (15)  There will be no continuances of the trial absent

16  extraordinary circumstances.

17         Section 13.  Section 40.50, Florida Statutes, is

18  created to read:

19         40.50  Jury duty and instructions in civil cases.--

20         (1)  In any civil action immediately after the jury is

21  sworn, the court shall instruct the jury concerning its

22  duties, its conduct, the order of proceedings, the procedure

23  for submitting written questions of witnesses, and the

24  elementary legal principles that will govern the proceeding as

25  provided herein.

26         (2)  Jurors shall be instructed that they will be

27  permitted to discuss the evidence among themselves in the jury

28  room during recesses from trial when all are present, as long

29  as they reserve judgment about the outcome of the case until

30  deliberations commence. Notwithstanding the foregoing, the

31  jurors' discussion of the evidence among themselves during

                                  21

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  recesses may be limited or prohibited by the court for good

 2  cause.

 3         (3)  The court shall instruct that the jurors may take

 4  notes regarding the evidence and keep the notes for the

 5  purpose of refreshing their memory for use during recesses,

 6  discussions, and deliberations. The court may provide

 7  materials suitable for this purpose. The confidentiality of

 8  the notes should be emphasized to the jurors. After the jury

 9  has rendered its verdict, the notes shall be collected by the

10  bailiff or clerk who shall promptly destroy them.

11         (4)  The court shall provide a notebook for each juror.

12  Notebooks shall contain:

13         (a)  A copy of the preliminary jury instructions,

14  including special instructions on the issues to be tried.

15         (b)  Jurors' notes.

16         (c)  Witnesses' names, photographs and/or biographies.

17         (d)  Copies of key documents admitted into evidence and

18  an index of all exhibits in evidence.

19         (e)  A glossary of technical terms.

20         (f)  A copy of the court's final instructions.

21

22  In its discretion, the court may authorize documents and

23  exhibits in evidence to be included in notebooks for use by

24  the jurors during trial to aid them in performing their

25  duties. The preliminary jury instructions should be removed,

26  discarded, and replaced by the final jury instructions before

27  the latter are read to the jury by the court.

28         (5)  The court shall permit jurors to have access to

29  their notes and notebooks during recesses, discussions, and

30  deliberations.

31         (6)  The court shall permit jurors to submit to the

                                  22

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  court written questions directed to witnesses or to the court.

 2  Opportunity shall be given to counsel to object to such

 3  questions out of the presence of the jury. The court may, as

 4  appropriate, limit the submission of questions to witnesses.

 5         (7)  The court shall instruct the jury that any

 6  questions directed to witnesses or the court must be in

 7  writing, unsigned, and given to the bailiff. The court may

 8  further instruct that, if a juror has a question for a witness

 9  or the court, the juror should hand it to the bailiff during a

10  recess, or if the witness is about to leave the witness stand,

11  the juror should signal to the bailiff. If the court

12  determines that the juror's questions calls for admissible

13  evidence, the question may be asked by court or counsel in the

14  court's discretion. Such question may be answered by

15  stipulation or other appropriate means, including, but not

16  limited to, additional testimony upon such terms and

17  limitations as the court prescribes. If the court determines

18  that the juror's question calls for inadmissible evidence, the

19  question shall not be read or answered. If a juror's question

20  is rejected, the jury should be told that trial rules do not

21  permit some questions to be asked and that the jurors should

22  not attach any significance to the failure of having their

23  question asked.

24         (8)  The court has discretion to give final

25  instructions to the jury before closing arguments of counsel

26  instead of after, in order to enhance jurors' ability to apply

27  the applicable law to the facts. In that event, the court may

28  wish to withhold giving the necessary procedural and

29  housekeeping instructions until after closing arguments.

30         Section 14.  Section 44.1051, Florida Statutes, is

31  created to read:

                                  23

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         44.1051  Voluntary trial resolution.--

 2         (1)  Two or more parties who are involved in a civil

 3  dispute may agree in writing to submit the controversy to

 4  voluntary trial resolution in lieu of litigation of the issues

 5  involved, prior to or after a lawsuit has been filed, provided

 6  that no constitutional issue is involved.

 7         (2)  If the parties have entered into an agreement that

 8  provides for a method for appointment of a member of The

 9  Florida Bar in good standing for more than 5 years to act as

10  trial resolution judge, the court shall proceed with the

11  appointment as prescribed.

12         (3)  The trial resolution judge shall be compensated by

13  the parties according to their agreement.

14         (4)  Within 10 days of the submission of the request

15  for binding voluntary trial resolution, the court shall

16  provide for the appointment of the trial resolution judge.

17  Once appointed, the trial resolution judge shall notify the

18  parties of the time and place for the hearing.

19         (5)  Application for voluntary trial resolution shall

20  be filed and fees paid to the clerk of the court as if for

21  complaints initiating civil actions. The clerk of the court

22  shall handle and account for these matters in all respects as

23  if they were civil actions except that the clerk of the court

24  shall keep separate the records of the applications for

25  voluntary binding trial resolution from all other civil

26  actions.

27         (6)  Filing of the application for binding voluntary

28  trial resolution will toll the running of the applicable

29  statutes of limitation.

30         (7)  The appointed trial resolution judge shall have

31  such power to administer oaths or affirmation and to conduct

                                  24

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  the proceedings as the rules of court shall provide. At the

 2  request of any party, the trial resolution judge shall issue

 3  subpoenas for the attendance of witnesses and for the

 4  production of books, records, documents, and other evidence

 5  and may apply to the court for orders compelling attendance

 6  and production. Subpoenas shall be served and shall be

 7  enforceable as provided by law.

 8         (8)  The hearing shall be conducted by the trial

 9  resolution judge, who may determine any question and render a

10  final decision.

11         (9)  The Florida Evidence Code shall apply to all

12  proceedings under this section.

13         (10)  Any party may enforce a final decision rendered

14  in a voluntary trial by filing a petition for final judgment

15  in the circuit court in the circuit in which the voluntary

16  trial took place. Upon entry of final judgment by the circuit

17  court an appeal may be taken to the appropriate appellate

18  court. The harmless error doctrine shall apply in all appeals.

19  No further review shall be permitted unless a constitutional

20  issue is raised. Factual findings determined in the voluntary

21  trial shall not be subject to appeal.

22         (11)  If no appeal is taken within the time provided by

23  rules promulgated by the Supreme Court, then the decision

24  shall be referred to the presiding court judge in the case, or

25  if one has not been assigned, then to the chief judge of the

26  circuit for assignment to a circuit judge, who shall enter

27  such orders and judgments as are required to carry out the

28  terms of decision, which orders shall be enforceable by the

29  contempt powers of the court and for which judgments

30  executions shall issue on request of a party.

31         (12)  This section shall not apply to any dispute

                                  25

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  involving child custody, visitation, or child support, or to

 2  any dispute that involves the rights of a third party not a

 3  party to the voluntary trial resolution.

 4         Section 15.  Section 57.071, Florida Statutes, is

 5  amended to read:

 6         57.071  Costs; what taxable.--

 7         (1)  If costs are awarded to any party the following

 8  shall also be allowed:

 9         (a)(1)  The reasonable premiums or expenses paid on all

10  bonds or other security furnished by such party.

11         (b)(2)  The expense of the court reporter for per diem,

12  transcribing proceedings and depositions, including opening

13  statements and arguments by counsel.

14         (c)(3)  Any sales or use tax due on legal services

15  provided to such party, notwithstanding any other provision of

16  law to the contrary.

17         (2)  Expert witness fees shall not be awarded as

18  taxable costs unless:

19         (a)  The party retaining the expert witness files a

20  written notice with the court and each opposing party within

21  30 days of the retention of the expert witness, which notice

22  shall provide the expertise and experience of the expert, the

23  rate of compensation of the expert witness, the subject

24  matters or issues on which the expert is expected to render an

25  opinion, and an estimate of the overall fee of the expert

26  witness, including trial testimony; and

27         (b)  The party retaining the expert witness furnishes

28  each opposing party with a written report signed by the expert

29  witness which summarizes the expert witness's opinions, the

30  factual basis of the opinions including documentary evidence,

31  and the authorities relied upon in reaching the opinions, such

                                  26

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  report shall be filed at least 10 days prior to discovery

 2  cut-off, or 45 days prior to the trial, or as otherwise

 3  determined by the court.

 4         Section 16.  Section 57.105, Florida Statutes, is

 5  amended to read:

 6         57.105  Attorney's fee; sanctions for raising unfounded

 7  claims or defenses; damages for delay of litigation.--

 8         (1)  The court shall award a reasonable attorney's fee

 9  to be paid to the prevailing party in equal amounts by the

10  losing party and the losing party's attorney on any claim or

11  defense in any civil action in which the court finds that the

12  losing party or the losing party's attorney knew or should

13  have known at the time a claim or defense was presented:

14         (a)  That the claim or defense was not supported by the

15  material facts necessary to establish the claim or defense; or

16         (b)  That the application of then existing law to the

17  facts the losing party or losing party's attorney knew or

18  should have known would not support the claim or defense.

19  there was a complete absence of a justiciable issue of either

20  law or fact raised by the complaint or defense of the losing

21  party;

22

23  Provided, however, that the losing party's attorney is not

24  personally responsible if he or she has acted in good faith,

25  based on the representations of his or her client as to the

26  existence of material facts. If the court awards fees to a

27  claimant pursuant to this subsection finds that there was a

28  complete absence of a justiciable issue of either law or fact

29  raised by the defense, the court shall also award prejudgment

30  interest.

31         (2)  Subsection (1) shall not apply if the court

                                  27

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  determines that the claim or defense was presented as a good

 2  faith attempt to change the then existing law as it applied to

 3  the facts the losing party or losing party's attorney knew or

 4  should have known at the time the claim or defense was

 5  presented.

 6         (3)  In any civil proceeding in which the moving party

 7  proves, by a preponderance of the evidence, that any action

 8  taken by the opposing party, including, but not limited to,

 9  the filing of any pleading or part thereof, the assertion of

10  or response to any discovery demand, the assertion of any

11  claim or defense, or the response to any request by any other

12  party, was taken primarily for the purpose of delay, the court

13  shall award damages to the moving party for the time

14  necessitated by the conduct in question. The absence of a

15  justiciable basis for the action taken shall be prima facie

16  evidence of such a purpose; but such a purpose may also be

17  proved, in proper cases, notwithstanding an objective

18  justiciable basis for the action taken.

19         (4)  If a contract contains a provision allowing

20  attorney's fees to a party when he or she is required to take

21  any action to enforce the contract, the court may also allow

22  reasonable attorney's fees to the other party when that party

23  prevails in any action, whether as plaintiff or defendant,

24  with respect to the contract. This act shall take effect

25  October 1, 1988, and shall apply to contracts entered into on

26  said date or thereafter.

27         Section 17.  Section 768.77, Florida Statutes, is

28  amended to read:

29         768.77  Itemized verdict.--

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

31  the trier of fact determines that liability exists on the part

                                  28

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  of the defendant, the trier of fact shall, as a part of the

 2  verdict, itemize the amounts to be awarded to the claimant

 3  into the following categories of damages:

 4         (1)(a)  Amounts intended to compensate the claimant for

 5  economic losses;

 6         (2)(b)  Amounts intended to compensate the claimant for

 7  noneconomic losses; and

 8         (3)(c)  Amounts awarded to the claimant for punitive

 9  damages, if applicable.

10         (2)  Each category of damages, other than punitive

11  damages, shall be further itemized into amounts intended to

12  compensate for losses which have been incurred prior to the

13  verdict and into amounts intended to compensate for losses to

14  be incurred in the future. Future damages itemized under

15  paragraph (1)(a) shall be computed before and after reduction

16  to present value. Damages itemized under paragraph (1)(b) or

17  paragraph (1)(c) shall not be reduced to present value. In

18  itemizing amounts intended to compensate for future losses,

19  the trier of fact shall set forth the period of years over

20  which such amounts are intended to provide compensation.

21         Section 18.  Paragraph (a) of subsection (1) of section

22  768.78, Florida Statutes, is amended to read:

23         768.78  Alternative methods of payment of damage

24  awards.--

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

26  which the court determines that trier of fact makes an award

27  to compensate the claimant includes for future economic losses

28  which exceed $250,000, payment of amounts intended to

29  compensate the claimant for these losses shall be made by one

30  of the following means, unless an alternative method of

31  payment of damages is provided in this section:

                                  29

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         1.  The defendant may make a lump-sum payment for all

 2  damages so assessed, with future economic losses and expenses

 3  reduced to present value; or

 4         2.  Subject to the provisions of this subsection, the

 5  court shall, at the request of either party, unless the court

 6  determines that manifest injustice would result to any party,

 7  enter a judgment ordering future economic damages, as itemized

 8  pursuant to s. 768.77(1)(a), in excess of $250,000 to be paid

 9  in whole or in part by periodic payments rather than by a

10  lump-sum payment.

11         Section 19.  Subsections (3), (5), and (7) of section

12  768.79, Florida Statutes, are amended to read:

13         768.79  Offer of judgment and demand for judgment.--

14         (3)  The offer shall be served upon the party to whom

15  it is made, but it shall not be filed unless it is accepted or

16  unless filing is necessary to enforce the provisions of this

17  section. In any case involving multiple party plaintiffs or

18  multiple party defendants, an offer shall specify its

19  applicability to each party. Each individual party may

20  thereafter accept or reject the offer as the offer applies to

21  such party. However, a plaintiff may make a global offer to

22  all defendants without specifying amounts applicable to each

23  defendant.

24         (5)  An offer may be withdrawn in writing which is

25  served before the date a written acceptance is filed. Once

26  withdrawn, an offer is void. A subsequent offer shall have the

27  effect of voiding any previous offer.

28         (7)(a)  Prior to awarding costs and fees pursuant to

29  this section the court shall determine whether the offer was

30  reasonable under the circumstances known at the time the offer

31  was made. If a party is entitled to costs and fees pursuant to

                                  30

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  the provisions of this section, the court may, in its

 2  discretion, determine that an offer was not made in good

 3  faith. In such case, the court may disallow an award of costs

 4  and attorney's fees.

 5         (b)  When determining the entitlement to and

 6  reasonableness of an award of attorney's fees pursuant to this

 7  section, the court shall consider, along with all other

 8  relevant criteria, the following additional factors:

 9         1.  The then's apparent merit or lack's of merit in the

10  claim.

11         2.  The number and nature of offers made by the

12  parties.

13         3.  The closeness of questions of fact and law at

14  issue.

15         4.  Whether the proposal was reasonably rejected.

16         5.4.  Whether the person making the offer had

17  unreasonable refused to  furnish information necessary to

18  evaluate the reasonableness of such offer.

19         6.5.  Whether the suit was in the nature of a test case

20  presenting questions of far-reaching's importance affecting

21  nonparties.

22         7.6.  The amount of the additional delay cost and

23  expense that the person making the offer reasonable would be

24  expected to incur if the litigation should be prolonged.

25         Section 20.  If any provision of this act or the

26  application thereof to any person or circumstance is held

27  invalid, the invalidity does not affect other provisions or

28  applications of the act which can be given effect without the

29  invalid provision or application, and to this end the

30  provision of this act are declared severable.

31         Section 21.  Except as otherwise provided in this act,

                                  31

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  this act shall take effect October 1 of the year in which

 2  enacted.

 3

 4

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

 6  And the title is amended as follows:

 7         On page ,

 8  remove from the title of the bill:  the entire title

 9

10  and insert in lieu thereof:

11                      A bill to be entitled

12         An act relating to civil causes of action;

13         amending s. 95.031, F.S.; providing a time

14         period for bringing an action for product

15         liability or fraud; providing an exception;

16         creating s. 768.1256, F.S.; providing a

17         government rules defense with respect to

18         certain product liability actions; providing

19         for a rebuttable presumption; providing

20         requirements with respect to products which are

21         drugs; amending s. 400.023, F.S.; providing

22         conditions for the recovery of attorneys' fees

23         with respect to civil enforcement of certain

24         infractions related to nursing homes; providing

25         for application; providing for discovery;

26         providing for punitive damages; amending s.

27         768.72, F.S.; revising language with respect to

28         claims for punitive damages in civil actions;

29         requiring clear and convincing evidence of

30         gross negligence or intentional misconduct to

31         support the recovery of such damages; providing

                                  32

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         definitions; providing criteria for the

 2         imposition of punitive damages with respect to

 3         employers, principals, corporations, or other

 4         legal entities for the conduct of an employee

 5         or agent; providing for the application of the

 6         section; providing an exception; amending s.

 7         768.73, F.S.; revising language with respect to

 8         limitations on punitive damages; providing

 9         monetary limitations; providing an exception

10         with respect to intentional misconduct;

11         providing for consolidated punitive damages

12         trials; providing for the effect of certain

13         previous punitive damages awards; providing a

14         limitation on attorney fees; providing for the

15         application of the section; providing an

16         exception; creating s. 768.0705, F.S.;

17         providing limitations on premises liability for

18         a person or organization owning or controlling

19         an interest in commercial real property;

20         providing for a presumption against liability;

21         providing conditions for the presumption;

22         amending s. 768.075, F.S.; delineating the duty

23         owed to trespassers by a person or organization

24         owning or controlling an interest in real

25         property; providing definitions; providing for

26         the avoidance of liability to discovered and

27         undiscovered trespassers under described

28         circumstances; providing for the application of

29         s. 768.075(3), F.S., with respect to the common

30         law; amending s. 324.021, F.S.; providing that

31         the lessor of a motor vehicle under certain

                                  33

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         rental agreements shall be deemed the owner of

 2         the vehicle for the purpose of determining

 3         liability for the operation of the vehicle

 4         within certain limits; providing for

 5         construction; amending s. 768.76, F.S.;

 6         exempting compensation under workers'

 7         compensation from certain reductions for

 8         collateral sources; revising language with

 9         respect to collateral sources of indemnity to

10         redefine the term "collateral sources" with

11         respect to negligence actions; amending s.

12         768.81, F.S.; revising language with respect to

13         the applicability of joint and several

14         liability to certain actions; providing that

15         certain employers participating in a worker's

16         compensation eligibility program shall not be

17         considered a party in a negligence action and

18         shall not be listed as a tortfeasor on certain

19         jury verdicts; providing for expedited trials;

20         providing timeframes for the conduct of such

21         trials; creating s. 40.50, F.S.; providing for

22         instructions to juries after the jury is sworn

23         in; providing for the discussion of evidence

24         under certain circumstances; providing for the

25         taking of notes under certain circumstances;

26         providing for notebooks; providing for written

27         questions; providing for final instructions;

28         creating s. 44.1051, F.S.; providing for

29         voluntary trial resolution; providing for the

30         appointment of a trial resolution judge;

31         providing for compensation; providing for fees;

                                  34

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                                                   HOUSE AMENDMENT

    hbd-31                        Bill No. CS for SB 874, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         providing for the tolling of applicable

 2         statutes of limitation; providing for powers of

 3         trial resolution judges; providing for hearings

 4         and evidence; providing for appeal; providing

 5         for application; amending s. 57.071, F.S.;

 6         providing criteria under which expert witness

 7         fees may be awarded as taxable costs; amending

 8         s. 57.105, F.S.; providing sanctions for

 9         raising unfounded claims or defenses; providing

10         exceptions; providing for damages in certain

11         circumstances; amending s. 768.77, F.S.;

12         revising language with respect to itemized

13         verdicts to delete reference to future damages;

14         amending s. 768.78, F.S.; conforming to the

15         act; correcting a cross reference; amending s.

16         768.79, F.S.; providing for the applicability

17         of offers of judgment and demand of judgment in

18         cases involving multiple plaintiffs; providing

19         that subsequent offers shall void previous

20         offers; providing that prior to awarding costs

21         and fees the court shall determine whether the

22         offer was reasonable under the circumstances

23         known at the time the offer was made;

24         authorizing the court to consider whether or

25         not a proposal was reasonably rejected when

26         considering entitlement to and the amount of an

27         award of attorneys' fees; providing

28         severability; providing effective dates.

29

30

31

                                  35

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