SENATE AMENDMENT

    Bill No. CS for SB 874

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Campbell moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 30, line 27, through

15            page 31, line 24, delete those lines

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17  and insert:

18         Section 20.  Subsections (3), (5), and (6) of section

19  768.81, Florida Statutes, are amended to read:

20         768.81  Comparative fault.--

21         (3)  APPORTIONMENT OF DAMAGES.--In cases to which this

22  section applies, the court shall enter judgment against each

23  party liable on the basis of such party's percentage of fault

24  and not on the basis of the doctrine of joint and several

25  liability; provided that with respect to any party whose

26  percentage of fault equals or exceeds that of a particular

27  claimant and is fifteen percent or more, the court shall enter

28  judgment with respect to economic damages against that party

29  on the basis of the doctrine of joint and several liability.

30         (5)  APPLICABILITY OF JOINT AND SEVERAL

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 874

    Amendment No.    





 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.

 4         (5)(6)  Notwithstanding anything in law to the

 5  contrary, in an action for damages for personal injury or

 6  wrongful death arising out of medical malpractice, whether in

 7  contract or tort, when an apportionment of damages pursuant to

 8  this section is attributed to a teaching hospital as defined

 9  in s. 408.07, the court shall enter judgment against the

10  teaching hospital on the basis of such party's percentage of

11  fault and not on the basis of the doctrine of joint and

12  several liability.

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

16  And the title is amended as follows:

17         On page 4, lines 14-19, delete those lines

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19  and insert:

20         exceeds a certain percentage; deleting a

21         provision that provides for the applicability

22         of joint and several

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