Senate Bill 1748

    Florida Senate - 1999                                  SB 1748

    By Senators Dyer, Diaz-Balart, Silver, Saunders, Holzendorf,
    Brown-Waite, Clary and Forman




    14-774A-99

  1                      A bill to be entitled

  2         An act relating to comparative fault; amending

  3         s. 768.81, F.S.; limiting further the

  4         application of joint and several liability;

  5         providing an exception; providing an effective

  6         date.

  7

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

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10         Section 1.  Subsections (3) and (6) of section 768.81,

11  Florida Statutes, are amended to read:

12         768.81  Comparative fault.--

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

14  section applies, the court shall enter judgment against each

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

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

17  liability; provided that with respect to any party whose

18  percentage of fault equals or exceeds that of a particular

19  claimant and whose fault exceeds 20 percent, the court shall

20  enter judgment with respect to economic damages against that

21  party on the basis of the doctrine of joint and several

22  liability.

23         (6)  Notwithstanding anything in law to the contrary,

24  in an action for damages for personal injury or wrongful death

25  arising out of medical malpractice, whether in contract or

26  tort, when an apportionment of damages pursuant to this

27  section is attributed to a teaching hospital as defined in s.

28  408.07, the court shall enter judgment against the teaching

29  hospital on the basis of such party's percentage of fault and

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

31  liability. In all actions for damages for personal injury or

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






    Florida Senate - 1999                                  SB 1748
    14-774A-99




  1  wrongful death arising out of medical malpractice, whether in

  2  contract or tort, with respect to a party that is not a

  3  teaching hospital and whose percentage of fault equals or

  4  exceeds that of a particular claimant, the court shall enter

  5  judgment with respect to economic damages against that party

  6  on the basis of the doctrine of joint and several liability

  7  regardless of that party's percentage of fault.

  8         Section 2.  This act shall take effect October 1, 1999.

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11                          SENATE SUMMARY

12    Provides that in the apportionment of damages under the
      doctrine of comparative fault, the court shall enter
13    judgment for economic damages against a party whose
      percentage of fault equals or exceeds that of a claimant
14    and whose fault exceeds 20 percent on the basis of the
      doctrine of joint and several liability. Provides that in
15    all actions for damages for personal injury or wrongful
      death arising out of medical malpractice, with respect to
16    a party that is not a teaching hospital and whose
      percentage of fault equals or exceeds that of a
17    particular claimant, the court shall enter judgment with
      respect to economic damages against that party on the
18    basis of the doctrine of joint and several liability
      regardless of that party's percentage of fault.
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