CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 874
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Klein moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 29, between lines 2 and 3,
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17 Section 18. Section 768.737, Florida Statutes, is
18 created to read:
19 768.737 Punitive damages; exceptions for claims by
20 small businesses against large businesses.--
21 (1) This section may be cited as the "Florida Small
22 Business Protection Act."
23 (2) The Legislature finds that certain small
24 businesses may become victims of conduct by large businesses
25 which would give rise to the imposition of punitive damages
26 against large businesses. Because of the greater resources of
27 large businesses and because large businesses may employ an
28 economic cost analysis regarding the risk of doing harm to a
29 small business, limitations on punitive damages, which may be
30 awarded against a large business, may be insufficient to
31 punish or deter such conduct. Accordingly, the limitations on
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4:54 PM 04/07/98 s0874c1c-28j02
SENATE AMENDMENT
Bill No. CS for SB 874
Amendment No.
1 punitive damage recoveries as set forth in ss. 768.725 and
2 768.723 shall not apply to claims brought by small businesses
3 against large businesses.
4 (3) As used in the section, the term:
5 (a) "Small business" means:
6 1. A sole proprietor of an unincorporated business,
7 including a professional practice, whose principal office is
8 in this state, who is domiciled in this state, and whose
9 business or professional practice has, at the time the action
10 is initiated by a large business, not more than 25 full-time
11 employees or a net worth of not more than $2 million,
12 including personal and business investments; or
13 2. A partnership or corporation, including a
14 professional practice, which has its principal office in this
15 state and has at the time the action is initiated by a large
16 business not more than 25 full-time employees or a net worth
17 of not more than $2 million.
18 (b) "Large business" means a sole proprietor of an
19 unincorporated business, a partnership, or a corporation,
20 including any such entity that is a professional practice,
21 which at the time the action is initiated does not qualify as
22 a small business under paragraph (a).
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24 (Redesignate subsequent sections.)
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28 And the title is amended as follows:
29 On page 4, line 6, after the semicolon,
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31 insert:
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4:54 PM 04/07/98 s0874c1c-28j02
SENATE AMENDMENT
Bill No. CS for SB 874
Amendment No.
1 creating s. 768.737, F.S.; providing that
2 certain limitations on punitive damage
3 recoveries do not apply to claims by small
4 businesses against large businesses; providing
5 definitions;
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