SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 1202
    Amendment No. ___   Barcode 805320
                            CHAMBER ACTION
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11  Senator Brown-Waite moved the following amendment:
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13         Senate Amendment 
14         On page 31, lines 4-27, delete those lines
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16  and insert:  
17         (b)  The officers, directors, or managers of the
18  employer, principal, corporation, or other legal entity
19  condoned, ratified, or consented to such conduct; or
20         (c)  The employer, principal, corporation, or other
21  legal entity engaged in conduct that constituted gross
22  negligence and that contributed to the loss, damages, or
23  injury suffered by the claimant.
24         (4)  The plaintiff must establish at trial, by clear
25  and convincing evidence, its entitlement to an award of
26  punitive damages. The "greater weight of the evidence" burden
27  of proof applies to a determination of the amount of damages.
28         (5)  This section is remedial in nature and shall take
29  effect upon becoming a law.
30         Section 10.  Section 400.0238, Florida Statutes, is
31  created to read:
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 1202
    Amendment No. ___   Barcode 805320
 1         400.0238  Punitive damages; limitation.--
 2         (1)(a)  Except as provided in paragraphs (b) and (c),
 3  an award of punitive damages may not exceed the greater of:
 4         1.  Three times the amount of compensatory damages
 5  awarded to each claimant entitled thereto, consistent with the
 6  remaining provisions of this section; or
 7         2.  The sum of $1 million.
 8         (b)  Where the fact finder determines that the wrongful
 9  conduct proven under this section was motivated by
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