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 whose fault is twenty percent or more of the

28  total fault apportioned to the claimant and the joint

29  tortfeasors who are presently parties to the suit, the court

30  shall enter judgment with respect to economic damages against

31  that party on the basis of the doctrine of joint and several

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 874

    Amendment No.    





 1  liability.

 2         (5)  APPLICABILITY OF JOINT AND SEVERAL

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

 4  the doctrine of joint and several liability applies to all

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

 6  $25,000.

 7         (5)(6)  Notwithstanding anything in law to the

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

 9  wrongful death arising out of medical malpractice, whether in

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

11  this section is attributed to a teaching hospital as defined

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

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

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

15  several liability.

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

19  And the title is amended as follows:

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

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22  and insert:

23         exceeds a certain percentage; deleting a

24         provision that provides for the applicability

25         of joint and several

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