SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 1202
    Amendment No. ___   Barcode 045942
                            CHAMBER ACTION
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11  Senator Brown-Waite moved the following amendment:
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13         Senate Amendment 
14         On page 107, line 13, through
15            page 108, line6, delete those lines
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17  and insert:  
18         (b)  The officers, directors, or managers of the
19  employer, principal, corporation, or other legal entity
20  condoned, ratified, or consented to such conduct; or
21         (c)  The employer, principal, corporation, or other
22  legal entity engaged in conduct that constituted gross
23  negligence and that contributed to the loss, damages, or
24  injury suffered by the claimant.
25         (4)  The plaintiff must establish at trial, by clear
26  and convincing evidence, its entitlement to an award of
27  punitive damages. The "greater weight of the evidence" burden
28  of proof applies to a determination of the amount of damages.
29         (5)  This section is remedial in nature and shall take
30  effect upon becoming a law.
31         Section 47.  Section 400.4298, Florida Statutes, is
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    6:34 PM   04/24/01                              s1202c3b-10j05


                                                  SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 1202
    Amendment No. ___   Barcode 045942
 1  created to read:
 2         400.4298  Punitive damages; limitation.--
 3         (1)(a)  Except as provided in paragraphs (b) and (c),
 4  an award of punitive damages may not exceed the greater of:
 5         1.  Three times the amount of compensatory damages
 6  awarded to each claimant entitled thereto, consistent with the
 7  remaining provisions of this section; or
 8         2.  The sum of $1 million.
 9         (b)  Where the fact finder determines that the wrongful
10  conduct proven under this section was motivated by
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    6:34 PM   04/24/01                              s1202c3b-10j05