HOUSE AMENDMENT

                                                   Bill No. HB 775

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Levine offered the following:

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13         Amendment (with title amendment) 

14         On page 35, line 3,

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16  insert:

17         Section 22.    Section 768.735, Florida Statutes, is

18  created to read:

19         768.735 Punitive damages; exceptions; limitation.--

20         (1)  Sections 768.72(2)-(5), 768.725, and 768.73 do not

21  apply to any civil action based upon child abuse, abuse of the

22  elderly, or abuse of the developmentally disabled, or arising

23  under chapter 400.  Such actions shall be governed by

24  applicable statutes and controlling judicial precedent.

25         (2)(a)  In any civil action based upon child abuse,

26  abuse of the elderly, or abuse of the developmentally

27  disabled, or arising under chapter 400, and involving the

28  award of punitive damages, the judgment for the total amount

29  of punitive damages awarded to a claimant may not exceed three

30  times the amount of compensatory damages awarded to each

31  person entitled thereto by the trier of fact, except as

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    File original & 9 copies    03/08/99
    hmo0006                     02:45 pm         00775-0089-251389




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 775

    Amendment No.     (for drafter's use only)





 1  provided in paragraph (b).  However, this subsection does not

 2  apply to any class action.

 3         (b)  If any award for punitive damages exceeds the

 4  limitation specified in paragraph (a), the award is presumed

 5  to be excessive and the defendant is entitled to remittitur of

 6  the amount in excess of the limitation unless the claimant

 7  demonstrates to the court by clear and convincing evidence

 8  that the award is not excessive in light of the facts and

 9  circumstances that were presented to the trier of fact.

10         (c)  This subsection is not intended to prohibit an

11  appropriate court from exercising its jurisdiction under s.

12  768.74 in determining the reasonableness of an award of

13  punitive damages that is less than three times the amount of

14  compensatory damages.

15         (d)  The jury may not be instructed or informed as to

16  the provisions of this section.

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

20  And the title is amended as follows:

21         On page 4, line 15,

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23  after "employment;" insert:

24         creating s. 768.735, F.S.; providing that ss.

25         768.72(2)-(5), 768.725, and 768.73, F.S.,

26         relating to punitive damages, are inapplicable

27         to specified causes of action; limiting the

28         amount of punitive damages that may be awarded

29         to a claimant in certain civil actions

30         involving abuse or arising under ch. 400, F.S.;

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    File original & 9 copies    03/08/99
    hmo0006                     02:45 pm         00775-0089-251389