SENATE AMENDMENT

    Bill No. CS for SB 374

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senators Laurent, Latvala and Dyer moved the following

12  amendment:

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14         Senate Amendment (with title amendment) 

15         On page 23, line 1 through page 24, line 18, delete

16  those lines

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18  and insert:

19         Section 12.  Subsection (3) of section 768.81, Florida

20  Statutes, is amended, and subsection (5) of that section is

21  repealed, to read:

22         768.81  Comparative fault.--

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

24  section applies, the court shall enter judgment against each

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

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

27  liability; provided that with respect to any party whose

28  percentage of fault equals or exceeds that of a particular

29  claimant and whose fault exceeds 25 percent, the court shall

30  enter judgment with respect to economic damages against that

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 374

    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.

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

10  And the title is amended as follows:

11         On page 2, line 30 through page 3, line 5, delete those

12  lines

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14  and insert:

15  certain percentage; repealing s. 768.81(5), F.S.;

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