House Bill hb1651
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
By Representative Bense
1 A bill to be entitled
2 An act relating to restoring confidence in the
3 judicial system; creating s. 43.291, F.S.;
4 specifying membership composition and
5 requirements of judicial nominating
6 commissions; providing limitations; providing
7 for terms; abolishing prior offices; providing
8 for suspension or removal; requiring racial,
9 ethnic, gender, and geographical diversity of
10 commission memberships; repealing s. 43.29,
11 F.S., relating to judicial nominating
12 commissions; reenacting ss. 3, 6, 9, 10, 11,
13 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23,
14 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, and
15 35 of ch. 99-225, Laws of Florida, which amend
16 ss. 44.104, 95.031, 90.407, 768.095, 768.075,
17 768.72, 768.73, 768.81, 324.021, 400.023,
18 400.029, and 400.629, F.S., and create ss.
19 47.025, 768.1257, 768.1256, 768.096, 768.0705,
20 768.36, 768.725, 768.735, 768.736, 768.737, and
21 768.098, F.S.; providing for voluntary trial
22 resolution upon the agreement of parties to a
23 civil dispute; providing for the appointment
24 and compensation of a trial resolution judge;
25 providing guidelines for conducting a voluntary
26 trial resolution; providing for enforcement and
27 appeal; providing for expedited trials;
28 providing that certain venue provisions in a
29 contract for improvement to real property are
30 void; specifying appropriate venue for actions
31 against resident contractors, subcontractors,
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 sub-subcontractors, and materialmen; requiring
2 the clerk of courts to report certain
3 information on negligence cases to the Office
4 of the State Courts Administrator; imposing a
5 12-year statute of repose on actions brought to
6 recover for harm caused by products with a
7 specified expected useful life; exempting
8 certain categories of products from the statute
9 of repose; imposing variable repose periods
10 based on specific warranties by the
11 manufacturer; providing an exception for
12 certain injuries; providing for tolling under
13 particular circumstances; specifying the date
14 by which certain actions must be brought or be
15 otherwise barred by the statute of repose;
16 providing limitations on the admissibility of
17 subsequent remedial measures; providing
18 exceptions; requiring the finder of fact, in
19 certain product defect actions, to consider
20 circumstances that existed at the time of
21 manufacture; providing a government rules
22 defense with respect to certain products
23 liability actions; providing for rebuttable
24 presumptions; providing an exception; providing
25 an employer with a presumption against
26 negligent hiring under specified conditions in
27 an action for civil damages resulting from an
28 intentional tort committed by an employee;
29 revising the conditions under which an employer
30 is immune from civil liability for disclosing
31 information regarding an employee to a
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 prospective employer; providing a presumption
2 against liability for criminal acts for
3 convenience business under specified
4 conditions; delineating the duty owed to
5 trespassers by a person or organization owning
6 or controlling an interest in real property;
7 providing definitions; providing for the
8 avoidance of liability to discovered and
9 undiscovered trespassers under described
10 circumstances; providing immunity from certain
11 liability arising out of the attempt to commit
12 or the commission of a felony; prohibiting a
13 plaintiff from recovering damages if plaintiff
14 is more than a specified percentage at fault
15 due to the influence of alcoholic beverages or
16 drugs; providing for evidentiary standards for
17 an award of punitive damages; revising
18 provisions with respect to claims for punitive
19 damages in civil actions; requiring clear and
20 convincing evidence of gross negligence or
21 intentional misconduct to support the recovery
22 of such damages; providing definitions;
23 providing criteria for the imposition of
24 punitive damages with respect to employers,
25 principals, corporations, or other legal
26 entities for the conduct of an employee or
27 agent; providing for the application of the
28 section; revising provisions with respect to
29 limitations on punitive damages; providing
30 monetary limitations; providing for the effect
31 of certain previous punitive damages awards;
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 providing for the application of the section;
2 providing that ss. 768.72(2)-(4), 768.725, and
3 768.73, F.S., relating to punitive damages, are
4 inapplicable to specified causes of action;
5 limiting the amount of punitive damages that
6 may be awarded to a claimant in certain civil
7 actions involving abuse or arising under ch.
8 400, F.S.; providing that ss. 768.725 and
9 768.73, F.S., relating to punitive damages, do
10 not apply to intoxicated defendants; providing
11 for application of punitive damages statutes to
12 arbitration; providing for the apportionment of
13 damages on the basis of joint and several
14 liability when a party's fault exceeds certain
15 percentages; limiting the applicability of
16 joint and several liability based on the amount
17 of damages; providing for the allocation of
18 fault to a nonparty; requiring that such fault
19 must be proved by a preponderance of the
20 evidence; providing the lessor of a motor
21 vehicle under certain rental agreements shall
22 be deemed the owner of the vehicle for the
23 purpose of determining liability for the
24 operation of the vehicle within certain limits;
25 providing for the liability of the owner of a
26 motor vehicle who loans the vehicle to certain
27 users; limiting the liability of employers in a
28 joint employment relationship under specific
29 circumstances; providing exceptions and
30 limitations; relating to actions brought on
31 behalf of nursing home residents; providing
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 that a party to any such action may not recover
2 attorney's fees unless parties submit to
3 mediation; specifying requirements for such
4 mediation; providing for application; providing
5 a standard for an award of punitive damages;
6 relating to actions brought on behalf of
7 assisted living care facility residents;
8 providing that a party to any such action may
9 not recover attorney's fees unless parties
10 submit to mediation; specifying requirements
11 for such mediation; providing for application;
12 providing a standard for an award of punitive
13 damages; relating to actions brought on behalf
14 of adult family care home residents; providing
15 that a party to any such action may not recover
16 attorney's fees unless parties submit to
17 mediation; specifying requirements for such
18 mediation; providing for application; providing
19 a standard for an award of punitive damages;
20 requiring the Office of Program Policy Analysis
21 and Government Accountability to contract with
22 an actuarial firm to conduct an actuarial
23 analysis of expected reductions in judgments
24 and related costs resulting from litigation
25 reforms; specifying the basis and due date for
26 the actuarial report; providing a declaration
27 of intent pertaining to the constitutional
28 prerogatives of the judiciary; providing for
29 severability; providing an effective date.
30 WHEREAS, it is the sense of the Legislature, and its
31 finding, that a crisis exists in public confidence in our
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 civil justice system. The public has expressed continuing
2 concern over frivolous lawsuits, delay and inefficiency in
3 resolving claims, and ineffective or insufficient incentives
4 to settle claims. There exists a present public necessity to
5 restore citizens' faith in the justice system, and
6 WHEREAS, the Legislature believes and finds that making
7 the composition of judicial nominating commissions more
8 geographically diverse and accountable to the electorate will
9 help restore public confidence, and
10 WHEREAS, the crisis in public confidence in our civil
11 justice system is exacerbated by doctrines which require a
12 person to pay more than his or her fair share of a loss, base
13 liability on what one owns rather than what one does wrong,
14 encourage irresponsible conduct and discourage personal
15 responsibility, and impede citizen productivity and
16 well-being, and
17 WHEREAS, the inequities, imbalances, and disincentives
18 plaguing our judicial system for almost three decades have
19 contributed directly and substantially to at least four crises
20 identified by the Legislature, in addition to the crisis in
21 public confidence presently existing, and
22 WHEREAS, the seeds of the imbalances in the civil
23 justice system took root in 1973, when the Supreme Court in
24 Hoffman v. Jones dramatically altered Florida's fault-based
25 system and permitted a plaintiff to recover damages in tort
26 even if 99 percent responsible for the plaintiff's own loss,
27 yet retained the doctrine of joint and several liability,
28 under which defendants are required to pay more than their
29 fair share of a loss, and
30 WHEREAS, shortly after Hoffman, the Court greatly
31 expanded the liability of Florida retailers and manufacturers
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 of products by adopting the doctrine of strict liability,
2 which imposes liability without fault, and
3 WHEREAS, for the next twenty years following these
4 decisions, the number of tort filings in Florida rose
5 dramatically, far in excess of the state's increase in
6 population, and
7 WHEREAS, as noted above, the Legislature was forced to
8 declare crises at least four different times in the civil
9 litigation system, in 1975, 1976, 1986, and 1988, and
10 WHEREAS, in 1985 the Florida Supreme Court found in
11 Walt Disney World v. Wood that the Legislature was the
12 appropriate body to determine the continued viability, if any,
13 of joint and several liability, and
14 WHEREAS, in the Fabre v. Marin in 1993, the Supreme
15 Court reaffirmed the principal that one's liability should be
16 based on one's fault, and
17 WHEREAS, from 1997 through 1999, the Legislature
18 conducted comprehensive, exhaustive legislative hearings,
19 which revealed that many of the same inequities and imbalances
20 in the tort system which had arisen during the past three
21 decades, and which had prompted at least four different
22 crises, continued to persist in the system, and
23 WHEREAS, those exhaustive legislative hearings further
24 revealed that many of the states against which Florida
25 competed for economic development had made improvements in
26 their civil system which placed Florida at a competitive
27 disadvantage with those states, and
28 WHEREAS, an empirical economic analysis demonstrated
29 that the productivity of individual citizens is enhanced in
30 states where civil justice reforms are enacted, and diminished
31 in states where liability-enhancing measures are enacted, and
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 a separate analysis demonstrated that Floridians stood to gain
2 one billion dollars in savings if Florida enacted certain
3 civil justice reforms, and
4 WHEREAS, since the hearings in 1997 through 1999,
5 citizens of the State of Texas have actually realized billions
6 of dollars in savings as a result of civil justice reforms,
7 and
8 WHEREAS, the Legislature finds that the scourge of
9 drunk driving has been and remains a matter of paramount state
10 concern, which should be addressed in every manner reasonably
11 possible, and
12 WHEREAS, a critical sector of Florida's society and
13 economy, the care of the elderly, is in the midst of a
14 catastrophic crisis arising in substantial part from the
15 present civil litigation system, and
16 WHEREAS, economic indicators point to the likelihood of
17 a weakened economy both at the state and national level, which
18 could serve to exacerbate the inequities and imbalances in the
19 civil justice system, and threaten the economic well-being of
20 Florida's citizens, and
21 WHEREAS, the Legislature finds and declares that in
22 view of the history of Florida's tort system since 1973, the
23 present crisis in public confidence, the present crisis in
24 nursing home litigation, and the lingering inequities in the
25 civil justice system which could further deepen the present
26 crises, it is of paramount importance to enact proactive
27 comprehensive legislation which will help to remedy the
28 inefficiencies and imbalances in Florida's civil justice
29 system, which will serve to enhance economic productivity in
30 the state, improve the fairness and predictability of the
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 system, and enhance the overall well-being of all Florida's
2 citizens, and
3 WHEREAS, the Legislature further finds and declares
4 that the civil justice system must strike a careful balance
5 ensuring that tort victims are fairly compensated for their
6 injuries, while maintaining fairness, common sense, and
7 predictability to the system, encouraging responsible conduct,
8 and demanding personal accountability for irresponsible
9 conduct. This delicate balance, affecting every element of
10 Florida's society and economy, can best be accomplished
11 through comprehensive legislative action, and
12 WHEREAS, the Legislature further finds and declares
13 that the constituent elements of this legislation are properly
14 and integrally connected to civil justice reform by serving to
15 balance all competing interests and improving the efficiency
16 of the litigation system, enhancing the fairness and
17 predictability of standards of conduct for all Florida's
18 citizens, and moving Florida closer to a fault-based system as
19 contemplated and encouraged by the Supreme Court in Fabre v.
20 Marin and Walt Disney World v. Wood, NOW, THEREFORE,
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 43.291, Florida Statutes, is
25 created to read:
26 43.291 Judicial nominating commissions.--
27 (1) Each judicial nominating commission established
28 pursuant to s. 11(d), Art. V of the State Constitution shall
29 consist of nine members appointed by the Governor, each of
30 whom shall be a resident of the territorial jurisdiction
31 served by the commission to which the member is appointed.
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 Five members shall be members in good standing of The Florida
2 Bar who are actively engaged in the practice of law and four
3 members shall not be members of The Florida Bar.
4 (2)(a) In making such appointments, the Governor shall
5 seek to ensure that the members of the commissions reflect the
6 racial, ethnic, and gender diversity of the population within
7 the territorial jurisdiction of the court for which
8 nominations will be considered.
9 (b) In appointing members for judicial circuits of
10 this state, the Governor shall appoint at least one
11 commissioner from each county within the judicial circuit and
12 such commissioner shall reside within the county from which he
13 or she is appointed.
14 (c) In appointing members for court of appeals
15 districts of this state, the Governor shall appoint at least
16 one commissioner from each judicial circuit within the
17 district and such commissioner shall reside within the
18 judicial circuit from which he or she is appointed.
19 (d) In appointing members for the Supreme Court
20 Judicial Nominating Commission, the Governor shall appoint at
21 least one commissioner from each court of appeals district
22 within the state and such commissioner shall reside within the
23 court of appeals district from which he or she is appointed.
24 (3) No justice or judge may be a member of a judicial
25 nominating commission. A member of a judicial nominating
26 commission may hold public office other than judicial office.
27 A member of a judicial nominating commission is not eligible
28 for appointment to the state judicial office for which the
29 commission has the authority to make nominations, either
30 during such term of membership or for a period of 2 years
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 thereafter. All acts of a judicial nominating commission
2 shall be made with concurrence of a majority of its members.
3 (4) All members shall be appointed for a term to end
4 concurrently with the term to which the Governor was elected.
5 The terms of all members shall be concurrent, and the terms
6 may commence at any time following the inauguration of the
7 Governor as a result of a general election. If a member is
8 unable to complete his or her term, the Governor shall appoint
9 another individual, qualified under the same subsection of
10 this section as the member previously appointed, to fill the
11 remainder of the member's term. All terms shall end at
12 midnight on the evening prior to the next inauguration of a
13 Governor following a general election. A member of a judicial
14 nominating commission may be suspended by the Governor for
15 cause pursuant to uniform rules of procedure established by
16 the Executive Office of the Governor consistent with s. 7,
17 Art. IV of the State Constitution and thereafter removed by
18 the Senate.
19 (5) The office of any member of any judicial
20 nominating commission appointed pursuant to s. 43.29 prior to
21 the effective date of this act is abolished upon the effective
22 date of this act and is replaced by those offices created
23 pursuant to subsection (1). Any member of a judicial
24 nominating commission who will not complete a 4-year term
25 because of enactment of this section may be reappointed by the
26 Governor.
27 Section 2. Section 43.29, Florida Statutes, is
28 repealed.
29 Section 3. Sections 3, 6, 9, 10, 11, 12, 13, 14, 15,
30 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30,
31
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 31, 32, 33, 34, and 35, of chapter 99-225, Laws of Florida,
2 are reenacted to read:
3 Section 3. Section 44.104, Florida Statutes, is
4 amended to read:
5 44.104 Voluntary binding arbitration and voluntary
6 trial resolution.--
7 (1) Two or more opposing parties who are involved in a
8 civil dispute may agree in writing to submit the controversy
9 to voluntary binding arbitration, or voluntary trial
10 resolution, in lieu of litigation of the issues involved,
11 prior to or after a lawsuit has been filed, provided no
12 constitutional issue is involved.
13 (2) If the parties have entered into an agreement
14 which provides in voluntary binding arbitration for a method
15 for appointing the appointment of one or more arbitrators, or
16 which provides in voluntary trial resolution a method for
17 appointing a member of The Florida Bar in good standing for
18 more than 5 years to act as trial resolution judge, the court
19 shall proceed with the appointment as prescribed, except that.
20 However, in voluntary binding arbitration at least one of the
21 arbitrators, who shall serve as the chief arbitrator, shall
22 meet the qualifications and training requirements adopted
23 pursuant to s. 44.106. In the absence of an agreement, or if
24 the agreement method fails or for any reason cannot be
25 followed, the court, on application of a party, shall appoint
26 one or more qualified arbitrators, or the trial resolution
27 judge, as the case requires.
28 (3) The arbitrators or trial resolution judge shall be
29 compensated by the parties according to their agreement, but
30 not at an amount less than $75 per day.
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 (4) Within 10 days after of the submission of the
2 request for binding arbitration, or voluntary trial
3 resolution, the court shall provide for the appointment of the
4 arbitrator or arbitrators, or trial resolution judge, as the
5 case requires. Once appointed, the arbitrators or trial
6 resolution judge shall notify the parties of the time and
7 place for the hearing.
8 (5) Application for voluntary binding arbitration or
9 voluntary trial resolution shall be filed and fees paid to the
10 clerk of court as if for complaints initiating civil actions.
11 The clerk of the court shall handle and account for these
12 matters in all respects as if they were civil actions, except
13 that the clerk of court shall keep separate the records of the
14 applications for voluntary binding arbitration and the records
15 of the applications for voluntary trial resolution from all
16 other civil actions.
17 (6) Filing of the application for binding arbitration
18 or voluntary trial resolution will toll the running of the
19 applicable statutes of limitation.
20 (7) The chief arbitrator or trial resolution judge may
21 shall have such power to administer oaths or affirmation and
22 to conduct the proceedings as the rules of court shall
23 provide. At the request of any party, the chief arbitrator or
24 trial resolution judge shall issue subpoenas for the
25 attendance of witnesses and for the production of books,
26 records, documents, and other evidence and may apply to the
27 court for orders compelling attendance and production.
28 Subpoenas shall be served and shall be enforceable in the
29 manner provided by law.
30 (8) A voluntary binding arbitration The hearing shall
31 be conducted by all of the arbitrators, but a majority may
13
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 determine any question and render a final decision. A trial
2 resolution judge shall conduct a voluntary trial resolution
3 hearing. The trial resolution judge may determine any
4 question and render a final decision.
5 (9) The Florida Evidence Code shall apply to all
6 proceedings under this section.
7 (10) An appeal of a voluntary binding arbitration
8 decision shall be taken to the circuit court and shall be
9 limited to review on the record and not de novo, of:
10 (a) Any alleged failure of the arbitrators to comply
11 with the applicable rules of procedure or evidence.
12 (b) Any alleged partiality or misconduct by an
13 arbitrator prejudicing the rights of any party.
14 (c) Whether the decision reaches a result contrary to
15 the Constitution of the United States or of the State of
16 Florida.
17 (11) Any party may enforce a final decision rendered
18 in a voluntary trial by filing a petition for final judgment
19 in the circuit court in the circuit in which the voluntary
20 trial took place. Upon entry of final judgment by the circuit
21 court, any party may appeal to the appropriate appellate
22 court. Factual findings determined in the voluntary trial are
23 not subject to appeal.
24 (12) The harmless error doctrine shall apply in all
25 appeals. No further review shall be permitted unless a
26 constitutional issue is raised.
27 (13)(11) If no appeal is taken within the time
28 provided by rules promulgated by the Supreme Court, then the
29 decision shall be referred to the presiding judge in the case,
30 or if one has not been assigned, then to the chief judge of
31 the circuit for assignment to a circuit judge, who shall enter
14
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 such orders and judgments as are required to carry out the
2 terms of the decision, which orders shall be enforceable by
3 the contempt powers of the court and for which judgments
4 execution shall issue on request of a party.
5 (14)(12) This section shall not apply to any dispute
6 involving child custody, visitation, or child support, or to
7 any dispute which involves the rights of a third party not a
8 party to the arbitration or voluntary trial resolution when
9 the third party would be an indispensable party if the dispute
10 were resolved in court or when the third party notifies the
11 chief arbitrator or the trial resolution judge that the third
12 party would be a proper party if the dispute were resolved in
13 court, that the third party intends to intervene in the action
14 in court, and that the third party does not agree to proceed
15 under this section.
16 Section 6. Expedited trials.--Upon the joint
17 stipulation of the parties to any civil case, the court may
18 conduct an expedited trial as provided in this section. Where
19 two or more plaintiffs or defendants have a unity of interest,
20 such as a husband and wife, they shall be considered one party
21 for the purpose of this section. Unless otherwise ordered by
22 the court or agreed to by the parties with approval of the
23 court, an expedited trial shall be conducted as follows:
24 (1) All discovery shall be completed within 60 days
25 after the court enters an order adopting the joint expedited
26 trial stipulation.
27 (2) All interrogatories and requests for production
28 must be served within 10 days after the court enters the order
29 adopting the joint expedited trial stipulation, and all
30 responses must be served within 20 days after receipt.
31
15
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 (3) The court shall determine the number of
2 depositions required.
3 (4) The case may be tried to a jury.
4 (5) The case may be tried within 30 days after the
5 60-day discovery cutoff, if such schedule would not impose an
6 undue burden on the court calendar.
7 (6) The trial must be limited to 1 day.
8 (7) The jury selection must be limited to 1 hour.
9 (8) The plaintiff will have no more than 3 hours to
10 present its case, including the opening, all testimony and
11 evidence, and the closing.
12 (9) The defendant will have no more than 3 hours to
13 present its case, including the opening, all testimony and
14 evidence, and the closing.
15 (10) The jury may be given "plain language" jury
16 instructions at the beginning of the trial as well as a "plain
17 language" jury verdict form. The parties must agree to the
18 jury instructions and verdict form.
19 (11) The parties may introduce a verified written
20 report of any expert and an affidavit of the expert's
21 curriculum vitae instead of calling the expert to testify at
22 trial.
23 (12) At trial the parties may use excerpts from
24 depositions, including video depositions, regardless of where
25 the deponent lives or whether the deponent is available to
26 testify.
27 (13) Except as otherwise provided in this section, the
28 Florida Evidence Code and the Florida Rules of Civil Procedure
29 apply.
30 (14) The court may refuse to grant continuances of the
31 trial absent extraordinary circumstances.
16
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 Section 9. Section 47.025, Florida Statutes, is
2 created to read:
3 47.025 Actions against contractors.--Any venue
4 provision in a contract for improvement to real property which
5 requires legal action involving a resident contractor,
6 subcontractor, sub-subcontractor, or materialman, as defined
7 in part I of chapter 713, to be brought outside this state is
8 void as a matter of public policy. To the extent that the
9 venue provision in the contract is void under this section,
10 any legal action arising out of that contract shall be brought
11 only in this state in the county where the defendant resides,
12 where the cause of action accrued, or where the property in
13 litigation is located, unless, after the dispute arises, the
14 parties stipulate to another venue.
15 Section 10. Through the state's uniform case reporting
16 system, the clerk of court shall report to the Office of the
17 State Courts Administrator, beginning in 2003, information
18 from each settlement or jury verdict and final judgment in
19 negligence cases as defined in section 768.81(4), Florida
20 Statutes, as the President of the Senate and the Speaker of
21 the House of Representatives deem necessary from time to time.
22 The information shall include, but need not be limited
23 to: the name of each plaintiff and defendant; the verdict;
24 the percentage of fault of each; the amount of economic
25 damages and noneconomic damages awarded to each plaintiff,
26 identifying those damages that are to be paid jointly and
27 severally and by which defendants; and the amount of any
28 punitive damages to be paid by each defendant.
29 Section 11. Effective July 1, 1999, subsection (2) of
30 section 95.031, Florida Statutes, is amended to read:
31
17
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 95.031 Computation of time.--Except as provided in
2 subsection (2) and in s. 95.051 and elsewhere in these
3 statutes, the time within which an action shall be begun under
4 any statute of limitations runs from the time the cause of
5 action accrues.
6 (2)(a) An action Actions for products liability and
7 fraud under s. 95.11(3) must be begun within the period
8 prescribed in this chapter, with the period running from the
9 time the facts giving rise to the cause of action were
10 discovered or should have been discovered with the exercise of
11 due diligence, instead of running from any date prescribed
12 elsewhere in s. 95.11(3), but in any event an action for fraud
13 under s. 95.11(3) must be begun within 12 years after the date
14 of the commission of the alleged fraud, regardless of the date
15 the fraud was or should have been discovered.
16 (b) An action for products liability under s. 95.11(3)
17 must be begun within the period prescribed in this chapter,
18 with the period running from the date that the facts giving
19 rise to the cause of action were discovered, or should have
20 been discovered with the exercise of due diligence, rather
21 than running from any other date prescribed elsewhere in s.
22 95.11(3), except as provided within this subsection. Under no
23 circumstances may a claimant commence an action for products
24 liability, including a wrongful death action or any other
25 claim arising from personal injury or property damage caused
26 by a product, to recover for harm allegedly caused by a
27 product with an expected useful life of 10 years or less, if
28 the harm was caused by exposure to or use of the product more
29 than 12 years after delivery of the product to its first
30 purchaser or lessee who was not engaged in the business of
31 selling or leasing the product or of using the product as a
18
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 component in the manufacture of another product. All products,
2 except those included within subparagraph 1. or subparagraph
3 2., are conclusively presumed to have an expected useful life
4 of 10 years or less.
5 1. Aircraft used in commercial or contract carrying of
6 passengers or freight, vessels of more than 100 gross tons,
7 railroad equipment used in commercial or contract carrying of
8 passengers or freight, and improvements to real property,
9 including elevators and escalators, are not subject to the
10 statute of repose provided within this subsection.
11 2. Any product not listed in subparagraph 1., which
12 the manufacturer specifically warranted, through express
13 representation or labeling, as having an expected useful life
14 exceeding 10 years, has an expected useful life commensurate
15 with the time period indicated by the warranty or label. Under
16 such circumstances, no action for products liability may be
17 brought after the expected useful life of the product, or more
18 than 12 years after delivery of the product to its first
19 purchaser or lessee who was not engaged in the business of
20 selling or leasing the product or of using the product as a
21 component in the manufacture of another product, whichever is
22 later.
23 3. With regard to those products listed in
24 subparagraph 1., except for escalators, elevators, and
25 improvements to real property, no action for products
26 liability may be brought more than 20 years after delivery of
27 the product to its first purchaser or lessor who was not
28 engaged in the business of selling or leasing the product or
29 of using the product as a component in the manufacture of
30 another product. However, if the manufacturer specifically
31 warranted, through express representation or labeling, that
19
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 the product has an expected useful life exceeding 20 years,
2 the repose period shall be the time period warranted in
3 representations or label.
4 (c) The repose period prescribed in paragraph (b) does
5 not apply if the claimant was exposed to or used the product
6 within the repose period, but an injury caused by such
7 exposure or use did not manifest itself until after expiration
8 of the repose period.
9 (d) The repose period prescribed within paragraph (b)
10 is tolled for any period during which the manufacturer through
11 its officers, directors, partners, or managing agents had
12 actual knowledge that the product was defective in the manner
13 alleged by the claimant and took affirmative steps to conceal
14 the defect. Any claim of concealment under this section shall
15 be made with specificity and must be based upon substantial
16 factual and legal support. Maintaining the confidentiality of
17 trade secrets does not constitute concealment under this
18 section.
19 Section 12. (1) The amendments to section 95.031(2),
20 Florida Statutes, made by this act shall apply to any action
21 commenced on or after the effective date of that section,
22 regardless of when the cause of action accrued, except that
23 any action for products liability which would not have been
24 barred under section 95.031(2), Florida Statutes, prior to the
25 amendments to that section made by this act may be commenced
26 before July 1, 2003, and, if it is not commenced by that date
27 and is barred by the amendments to section 95.031(2), Florida
28 Statutes, made by this act, it shall be barred.
29 (2) This section shall take effect July 1, 1999.
30 Section 13. Section 90.407, Florida Statutes, is
31 amended to read:
20
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 90.407 Subsequent remedial measures.--Evidence of
2 measures taken after an injury or harm caused by an event,
3 which measures if taken before the event it occurred would
4 have made injury or harm the event less likely to occur, is
5 not admissible to prove negligence, the existence of a product
6 defect, or culpable conduct in connection with the event. This
7 rule does not require the exclusion of evidence of subsequent
8 remedial measures when offered for another purpose, such as
9 proving ownership, control, or the feasibility of
10 precautionary measures, if controverted, or impeachment.
11 Section 14. Section 768.1257, Florida Statutes, is
12 created to read:
13 768.1257 State-of-the-art defense for products
14 liability.--In an action based upon defective design, brought
15 against the manufacturer of a product, the finder of fact
16 shall consider the state of the art of scientific and
17 technical knowledge and other circumstances that existed at
18 the time of manufacture, not at the time of loss or injury.
19 Section 15. Section 768.1256, Florida Statutes, is
20 created to read:
21 768.1256 Government rules defense.--
22 (1) In a product liability action brought against a
23 manufacturer or seller for harm allegedly caused by a product,
24 there is a rebuttable presumption that the product is not
25 defective or unreasonably dangerous and the manufacturer or
26 seller is not liable if, at the time the specific unit of the
27 product was sold or delivered to the initial purchaser or
28 user, the aspect of the product that allegedly caused the
29 harm:
30
31
21
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 (a) Complied with federal or state codes, statutes,
2 rules, regulations, or standards relevant to the event causing
3 the death or injury;
4 (b) The codes, statutes, rules, regulations, or
5 standards are designed to prevent the type of harm that
6 allegedly occurred; and
7 (c) Compliance with the codes, statutes, rules,
8 regulations, or standards is required as a condition for
9 selling or distributing the product.
10 (2) In a product liability action as described in
11 subsection (1), there is a rebuttable presumption that the
12 product is defective or unreasonably dangerous and the
13 manufacturer or seller is liable if the manufacturer or seller
14 did not comply with the federal or state codes, statutes,
15 rules, regulations, or standards which:
16 (a) Were relevant to the event causing the death or
17 injury;
18 (b) Are designed to prevent the type of harm that
19 allegedly occurred; and
20 (c) Require compliance as a condition for selling or
21 distributing the product.
22 (3) This section does not apply to an action brought
23 for harm allegedly caused by a drug that is ordered off the
24 market or seized by the Federal Food and Drug Administration.
25 Section 16. Section 768.096, Florida Statutes, is
26 created to read:
27 768.096 Employer presumption against negligent
28 hiring.--
29 (1) In a civil action for the death of, or injury or
30 damage to, a third person caused by the intentional tort of an
31 employee, such employee's employer is presumed not to have
22
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 been negligent in hiring such employee if, before hiring the
2 employee, the employer conducted a background investigation of
3 the prospective employee and the investigation did not reveal
4 any information that reasonably demonstrated the unsuitability
5 of the prospective employee for the particular work to be
6 performed or for the employment in general. A background
7 investigation under this section must include:
8 (a) Obtaining a criminal background investigation on
9 the prospective employee under subsection (2);
10 (b) Making a reasonable effort to contact references
11 and former employers of the prospective employee concerning
12 the suitability of the prospective employee for employment;
13 (c) Requiring the prospective employee to complete a
14 job application form that includes questions concerning
15 whether he or she has ever been convicted of a crime,
16 including details concerning the type of crime, the date of
17 conviction and the penalty imposed, and whether the
18 prospective employee has ever been a defendant in a civil
19 action for intentional tort, including the nature of the
20 intentional tort and the disposition of the action;
21 (d) Obtaining, with written authorization from the
22 prospective employee, a check of the driver's license record
23 of the prospective employee if such a check is relevant to the
24 work the employee will be performing and if the record can
25 reasonably be obtained; or
26 (e) Interviewing the prospective employee.
27 (2) To satisfy the criminal-background-investigation
28 requirement of this section, an employer must request and
29 obtain from the Department of Law Enforcement a check of the
30 information as reported and reflected in the Florida Crime
31 Information Center system as of the date of the request.
23
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 (3) The election by an employer not to conduct the
2 investigation specified in subsection (1) does not raise any
3 presumption that the employer failed to use reasonable care in
4 hiring an employee.
5 Section 17. Section 768.095, Florida Statutes, is
6 amended to read:
7 768.095 Employer immunity from liability; disclosure
8 of information regarding former or current employees.--An
9 employer who discloses information about a former or current
10 employee employee's job performance to a prospective employer
11 of the former or current employee upon request of the
12 prospective employer or of the former or current employee is
13 presumed to be acting in good faith and, unless lack of good
14 faith is shown by clear and convincing evidence, is immune
15 from civil liability for such disclosure or its consequences
16 unless it is shown by clear and convincing evidence. For
17 purposes of this section, the presumption of good faith is
18 rebutted upon a showing that the information disclosed by the
19 former or current employer was knowingly false or deliberately
20 misleading, was rendered with malicious purpose, or violated
21 any civil right of the former or current employee protected
22 under chapter 760.
23 Section 18. Section 768.0705, Florida Statutes, is
24 created to read:
25 768.0705 Limitation on premises liability.--The owner
26 or operator of a convenience business that substantially
27 implements the applicable security measures listed in ss.
28 812.173 and 812.174 shall gain a presumption against liability
29 in connection with criminal acts that occur on the premises
30 and that are committed by third parties who are not employees
31
24
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 or agents of the owner or operator of the convenience
2 business.
3 Section 19. Section 768.075, Florida Statutes, is
4 amended to read:
5 768.075 Immunity from liability for injury to
6 trespassers on real property.--
7 (1) A person or organization owning or controlling an
8 interest in real property, or an agent of such person or
9 organization, shall not be held liable for any civil damages
10 for death of or injury or damage to a trespasser upon the
11 property resulting from or arising by reason of the
12 trespasser's commission of the offense of trespass as
13 described in s. 810.08 or s. 810.09, when such trespasser was
14 under the influence of alcoholic beverages with a
15 blood-alcohol level of 0.08 0.10 percent or higher, when such
16 trespasser was under the influence of any chemical substance
17 set forth in s. 877.111, when such trespasser was illegally
18 under the influence of any substance controlled under chapter
19 893, or if the trespasser is affected by any of the aforesaid
20 substances to the extent that her or his normal faculties are
21 impaired. For the purposes of this section, voluntary
22 intoxication or impediment of faculties by use of alcohol or
23 any of the aforementioned substances shall not excuse a party
24 bringing an action or on whose behalf an action is brought
25 from proving the elements of trespass. However, the person or
26 organization owning or controlling the interest in real
27 property shall not be immune from liability if gross
28 negligence or intentional willful and wanton misconduct on the
29 part of such person or organization or agent thereof is a
30 proximate cause of the death of or injury or damage to the
31 trespasser.
25
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 (2) A person or organization owning or controlling an
2 interest in real property, or an agent of such person or
3 organization, is not liable for any civil damages for the
4 death of or injury or damage to any discovered or undiscovered
5 trespasser, except as provided in paragraphs (3)(a), (b), and
6 (c), and regardless of whether the trespasser was intoxicated
7 or otherwise impaired.
8 (3)(a) As used in this subsection, the term:
9 1. "Invitation" means that the visitor entering the
10 premises has an objectively reasonable belief that he or she
11 has been invited or is otherwise welcome on that portion of
12 the real property where injury occurs.
13 2. "Discovered trespasser" means a person who enters
14 real property without invitation, either express or implied,
15 and whose actual physical presence was detected, within 24
16 hours preceding the accident, by the person or organization
17 owning or controlling an interest in real property or to whose
18 actual physical presence the person or organization owning or
19 controlling an interest in real property was alerted by a
20 reliable source within 24 hours preceding the accident. The
21 status of a person who enters real property shall not be
22 elevated to that of an invitee, unless the person or
23 organization owning or controlling an interest in real
24 property has issued an express invitation to enter the
25 property or has manifested a clear intent to hold the property
26 open to use by persons pursuing purposes such as those pursued
27 by the person whose status is at issue.
28 3. "Undiscovered trespasser" means a person who enters
29 property without invitation, either express or implied, and
30 whose actual physical presence was not detected, within 24
31
26
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 hours preceding the accident, by the person or organization
2 owning or controlling an interest in real property.
3 (b) To avoid liability to undiscovered trespassers, a
4 person or organization owning or controlling an interest in
5 real property must refrain from intentional misconduct that
6 proximately causes injury to the undiscovered trespasser, but
7 has no duty to warn of dangerous conditions. To avoid
8 liability to discovered trespassers, a person or organization
9 owning or controlling an interest in real property must
10 refrain from gross negligence or intentional misconduct that
11 proximately causes injury to the discovered trespasser, and
12 must warn the trespasser of dangerous conditions that are
13 known to the person or organization owning or controlling an
14 interest in real property but that are not readily observable
15 by others.
16 (c) This subsection shall not be interpreted or
17 construed to alter the common law as it pertains to the
18 "attractive nuisance doctrine."
19 (4) A person or organization owning or controlling an
20 interest in real property, or an agent of such person or
21 organization, shall not be held liable for negligence that
22 results in the death of, injury to, or damage to a person who
23 is attempting to commit a felony or who is engaged in the
24 commission of a felony on the property.
25 Section 20. Section 768.36, Florida Statutes, is
26 created to read:
27 768.36 Alcohol or drug defense.--
28 (1) As used in this section, the term:
29 (a) "Alcoholic beverage" means distilled spirits and
30 any beverage that contains 0.5 percent or more alcohol by
31 volume as determined in accordance with s. 561.01(4)(b).
27
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 (b) "Drug" means any chemical substance set forth in
2 s. 877.111 or any substance controlled under chapter 893. The
3 term does not include any drug or medication obtained pursuant
4 to a prescription as defined in s. 893.02 which was taken in
5 accordance with the prescription, or any medication that is
6 authorized under state or federal law for general distribution
7 and use without a prescription in treating human diseases,
8 ailments, or injuries and that was taken in the recommended
9 dosage.
10 (2) In any civil action, a plaintiff may not recover
11 any damages for loss or injury to his or her person or
12 property if the trier of fact finds that, at the time the
13 plaintiff was injured:
14 (a) The plaintiff was under the influence of any
15 alcoholic beverage or drug to the extent that the plaintiff's
16 normal faculties were impaired or the plaintiff had a blood or
17 breath alcohol level of 0.08 percent or higher; and
18 (b) As a result of the influence of such alcoholic
19 beverage or drug the plaintiff was more than 50 percent at
20 fault for his or her own harm.
21 Section 21. Section 768.725, Florida Statutes, is
22 created to read:
23 768.725 Punitive damages; burden of proof.--In all
24 civil actions, 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 Section 22. Section 768.72, Florida Statutes, is
29 amended to read:
30 768.72 Pleading in civil actions; claim for punitive
31 damages.--
28
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 (1) In any civil action, no claim for punitive damages
2 shall be permitted unless there is a reasonable showing by
3 evidence in the record or proffered by the claimant which
4 would provide a reasonable basis for recovery of such damages.
5 The claimant may move to amend her or his complaint to assert
6 a claim for punitive damages as allowed by the rules of civil
7 procedure. The rules of civil procedure shall be liberally
8 construed so as to allow the claimant discovery of evidence
9 which appears reasonably calculated to lead to admissible
10 evidence on the issue of punitive damages. No discovery of
11 financial worth shall proceed until after the pleading
12 concerning punitive damages is permitted.
13 (2) A defendant may be held liable for punitive
14 damages only if the trier of fact, based on clear and
15 convincing evidence, finds that the defendant was personally
16 guilty of intentional misconduct or gross negligence. As used
17 in this section, the term:
18 (a) "Intentional misconduct" means that the defendant
19 had actual knowledge of the wrongfulness of the conduct and
20 the high probability that injury or damage to the claimant
21 would result and, despite that knowledge, intentionally
22 pursued that course of conduct, resulting in injury or damage.
23 (b) "Gross negligence" means that the defendant's
24 conduct was so reckless or wanting in care that it constituted
25 a conscious disregard or indifference to the life, safety, or
26 rights of persons exposed to such conduct.
27 (3) In the case of an employer, principal,
28 corporation, or other legal entity, punitive damages may be
29 imposed for the conduct of an employee or agent only if the
30 conduct of the employee or agent meets the criteria specified
31 in subsection (2) and:
29
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 (a) The employer, principal, corporation, or other
2 legal entity actively and knowingly participated in such
3 conduct;
4 (b) The officers, directors, or managers of the
5 employer, principal, corporation, or other legal entity
6 knowingly condoned, ratified, or consented to such conduct; or
7 (c) The employer, principal, corporation, or other
8 legal entity engaged in conduct that constituted gross
9 negligence and that contributed to the loss, damages, or
10 injury suffered by the claimant.
11 (4) The provisions of this section shall be applied to
12 all causes of action arising after the effective date of this
13 act.
14 Section 23. Section 768.73, Florida Statutes, is
15 amended to read:
16 768.73 Punitive damages; limitation.--
17 (1)(a) Except as provided in paragraphs (b) and (c),
18 an award of punitive damages may not exceed the greater of:
19 1. Three times the amount of compensatory damages
20 awarded to each claimant entitled thereto, consistent with the
21 remaining provisions of this section; or
22 2. The sum of $500,000. In any civil action based on
23 negligence, strict liability, products liability, misconduct
24 in commercial transactions, professional liability, or breach
25 of warranty, and involving willful, wanton, or gross
26 misconduct, the judgment for the total amount of punitive
27 damages awarded to a claimant may not exceed three times the
28 amount of compensatory damages awarded to each person entitled
29 thereto by the trier of fact, except as provided in paragraph
30 (b). However, this subsection does not apply to any class
31 action.
30
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 (b) Where the fact finder determines that the wrongful
2 conduct proven under this section was motivated solely by
3 unreasonable financial gain and determines that the
4 unreasonably dangerous nature of the conduct, together with
5 the high likelihood of injury resulting from the conduct, were
6 actually known by the managing agent, director, officer, or
7 other person responsible for making policy decisions on behalf
8 of the defendant, it may award an amount of punitive damages
9 not to exceed the greater of:
10 1. Four times the amount of compensatory damages
11 awarded to each claimant entitled thereto, consistent with the
12 remaining provisions of this section; or
13 2. The sum of $2,000,000. If any award for punitive
14 damages exceeds the limitation specified in paragraph (a), the
15 award is presumed to be excessive and the defendant is
16 entitled to remittitur of the amount in excess of the
17 limitation unless the claimant demonstrates to the court by
18 clear and convincing evidence that the award is not excessive
19 in light of the facts and circumstances which were presented
20 to the trier of fact.
21 (c) Where the fact finder determines that at the time
22 of injury the defendant had a specific intent to harm the
23 claimant and determines that the defendant's conduct did in
24 fact harm the claimant, there shall be no cap on punitive
25 damages.
26 (d)(c) This subsection is not intended to prohibit an
27 appropriate court from exercising its jurisdiction under s.
28 768.74 in determining the reasonableness of an award of
29 punitive damages that is less than three times the amount of
30 compensatory damages.
31
31
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 (2)(a) Except as provided in paragraph (b), punitive
2 damages may not be awarded against a defendant in a civil
3 action if that defendant establishes, before trial, that
4 punitive damages have previously been awarded against that
5 defendant in any state or federal court in any action alleging
6 harm from the same act or single course of conduct for which
7 the claimant seeks compensatory damages. For purposes of a
8 civil action, the term "the same act or single course of
9 conduct" includes acts resulting in the same manufacturing
10 defects, acts resulting in the same defects in design, or
11 failure to warn of the same hazards, with respect to similar
12 units of a product.
13 (b) In subsequent civil actions involving the same act
14 or single course of conduct for which punitive damages have
15 already been awarded, if the court determines by clear and
16 convincing evidence that the amount of prior punitive damages
17 awarded was insufficient to punish that defendant's behavior,
18 the court may permit a jury to consider an award of subsequent
19 punitive damages. In permitting a jury to consider awarding
20 subsequent punitive damages, the court shall make specific
21 findings of fact in the record to support its conclusion. In
22 addition, the court may consider whether the defendant's act
23 or course of conduct has ceased. Any subsequent punitive
24 damage awards must be reduced by the amount of any earlier
25 punitive damage awards rendered in state or federal court.
26 (3) The claimant attorney's fees, if payable from the
27 judgment, are, to the extent that the fees are based on the
28 punitive damages, calculated based on the final judgment for
29 punitive damages. This subsection does not limit the payment
30 of attorney's fees based upon an award of damages other than
31 punitive damages.
32
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 (4)(2) The jury may neither be instructed nor informed
2 as to the provisions of this section.
3 (5) The provisions of this section shall be applied to
4 all causes of action arising after the effective date of this
5 act.
6 Section 24. Section 768.735, Florida Statutes, is
7 created to read:
8 768.735 Punitive damages; exceptions; limitation.--
9 (1) Sections 768.72(2)-(4), 768.725, and 768.73 do not
10 apply to any civil action based upon child abuse, abuse of the
11 elderly, or abuse of the developmentally disabled or any civil
12 action arising under chapter 400. Such actions are governed by
13 applicable statutes and controlling judicial precedent.
14 (2)(a) In any civil action based upon child abuse,
15 abuse of the elderly, or abuse of the developmentally
16 disabled, or actions arising under chapter 400 and involving
17 the award of punitive damages, the judgment for the total
18 amount of punitive damages awarded to a claimant may not
19 exceed three times the amount of compensatory damages awarded
20 to each person entitled thereto by the trier of fact, except
21 as provided in paragraph (b). This subsection does not apply
22 to any class action.
23 (b) If any award for punitive damages exceeds the
24 limitation specified in paragraph (a), the award is presumed
25 to be excessive and the defendant is entitled to remittitur of
26 the amount in excess of the limitation unless the claimant
27 demonstrates to the court by clear and convincing evidence
28 that the award is not excessive in light of the facts and
29 circumstances that were presented to the trier of fact.
30 (c) This subsection is not intended to prohibit an
31 appropriate court from exercising its jurisdiction under s.
33
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 768.74 in determining the reasonableness of an award of
2 punitive damages which is less than three times the amount of
3 compensatory damages.
4 (d) The jury may not be instructed or informed as to
5 the provisions of this section.
6 Section 25. Section 768.736, Florida Statutes, is
7 created to read:
8 768.736 Punitive damages; exceptions for
9 intoxication.--Sections 768.725 and 768.73 do not apply to any
10 defendant who, at the time of the act or omission for which
11 punitive damages are sought, was under the influence of any
12 alcoholic beverage or drug to the extent that the defendant's
13 normal faculties were impaired, or who had a blood or breath
14 alcohol level of 0.08 percent or higher.
15 Section 26. Section 768.737, Florida statutes, is
16 created to read:
17 768.737 Punitive damages; application in
18 arbitration.--Where punitive damages are available as a remedy
19 in an arbitration proceeding, ss. 768.72, 768.725, and 768.73
20 apply. When an award of punitive damages is made in an
21 arbitration proceeding, the arbitrator who renders the award
22 must issue a written opinion setting forth the conduct which
23 gave rise to the award and how the arbitrator applied the
24 standards in s. 768.72 to such conduct.
25 Section 27. Subsections (3), (4), (5), and (6) of
26 section 768.81, Florida Statutes, are amended to read:
27 768.81 Comparative fault.--
28 (3) APPORTIONMENT OF DAMAGES.--In cases to which this
29 section applies, the court shall enter judgment against each
30 party liable on the basis of such party's percentage of fault
31
34
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 and not on the basis of the doctrine of joint and several
2 liability, except as provided in paragraphs (a), (b), and (c):
3 (a) Where a plaintiff is found to be at fault, the
4 following shall apply:
5 1. Any defendant found 10 percent or less at fault
6 shall not be subject to joint and several liability.
7 2. For any defendant found more than 10 percent but
8 less than 25 percent at fault, joint and several liability
9 shall not apply to that portion of economic damages in excess
10 of $200,000.
11 3. For any defendant found at least 25 percent but not
12 more than 50 percent at fault, joint and several liability
13 shall not apply to that portion of economic damages in excess
14 of $500,000.
15 4. For any defendant found more than 50 percent at
16 fault, joint and several liability shall not apply to that
17 portion of economic damages in excess of $1,000,000.
18
19 For any defendant under subparagraph 2., subparagraph 3., or
20 subparagraph 4., the amount of economic damages calculated
21 under joint and several liability shall be in addition to the
22 amount of economic and noneconomic damages already apportioned
23 to that defendant based on that defendant's percentage of
24 fault.
25 (b) Where a plaintiff is found to be without fault,
26 the following shall apply:
27 1. Any defendant found less than 10 percent at fault
28 shall not be subject to joint and several liability.
29 2. For any defendant found at least 10 percent but
30 less than 25 percent at fault, joint and several liability
31
35
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 shall not apply to that portion of economic damages in excess
2 of $500,000.
3 3. For any defendant found at least 25 percent but not
4 more than 50 percent at fault, joint and several liability
5 shall not apply to that portion of economic damages in excess
6 of $1,000,000.
7 4. For any defendant found more than 50 percent at
8 fault, joint and several liability shall not apply to that
9 portion of economic damages in excess of $2,000,000.
10
11 For any defendant under subparagraph 2., subparagraph 3., or
12 subparagraph 4., the amount of economic damages calculated
13 under joint and several liability shall be in addition to the
14 amount of economic and noneconomic damages already apportioned
15 to that defendant based on that defendant's percentage of
16 fault.
17 (c) With respect to any defendant whose percentage of
18 fault is less than the fault of a particular plaintiff, the
19 doctrine of joint and several liability shall not apply to any
20 damages imposed against the defendant. ; provided that with
21 respect to any party whose percentage of fault equals or
22 exceeds that of a particular claimant, the court shall enter
23 judgment with respect to economic damages against that party
24 on the basis of the doctrine of joint and several liability.
25 (d) In order to allocate any or all fault to a
26 nonparty, a defendant must affirmatively plead the fault of a
27 nonparty and, absent a showing of good cause, identify the
28 nonparty, if known, or describe the nonparty as specifically
29 as practicable, either by motion or in the initial responsive
30 pleading when defenses are first presented, subject to
31
36
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 amendment any time before trial in accordance with the Florida
2 Rules of Civil Procedure.
3 (e) In order to allocate any or all fault to a
4 nonparty and include the named or unnamed nonparty on the
5 verdict form for purposes of apportioning damages, a defendant
6 must prove at trial, by a preponderance of the evidence, the
7 fault of the nonparty in causing the plaintiff's injuries.
8 (4) APPLICABILITY.--
9 (a) This section applies to negligence cases. For
10 purposes of this section, "negligence cases" includes, but is
11 not limited to, civil actions for damages based upon theories
12 of negligence, strict liability, products liability,
13 professional malpractice whether couched in terms of contract
14 or tort, or breach of warranty and like theories. In
15 determining whether a case falls within the term "negligence
16 cases," the court shall look to the substance of the action
17 and not the conclusory terms used by the parties.
18 (b) This section does not apply to any action brought
19 by any person to recover actual economic damages resulting
20 from pollution, to any action based upon an intentional tort,
21 or to any cause of action as to which application of the
22 doctrine of joint and several liability is specifically
23 provided by chapter 403, chapter 498, chapter 517, chapter
24 542, or chapter 895.
25 (5) APPLICABILITY OF JOINT AND SEVERAL
26 LIABILITY.--Notwithstanding the provisions of this section,
27 the doctrine of joint and several liability applies to all
28 actions in which the total amount of damages does not exceed
29 $25,000.
30 (5)(6) Notwithstanding anything in law to the
31 contrary, in an action for damages for personal injury or
37
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 wrongful death arising out of medical malpractice, whether in
2 contract or tort, when an apportionment of damages pursuant to
3 this section is attributed to a teaching hospital as defined
4 in s. 408.07, the court shall enter judgment against the
5 teaching hospital on the basis of such party's percentage of
6 fault and not on the basis of the doctrine of joint and
7 several liability.
8 Section 28. Effective July 1, 1999, paragraph (b) of
9 subsection (9) of section 324.021, Florida Statutes, is
10 amended, and paragraph (c) is added to that subsection, to
11 read:
12 324.021 Definitions; minimum insurance required.--The
13 following words and phrases when used in this chapter shall,
14 for the purpose of this chapter, have the meanings
15 respectively ascribed to them in this section, except in those
16 instances where the context clearly indicates a different
17 meaning:
18 (9) OWNER; OWNER/LESSOR.--
19 (b) Owner/lessor.--Notwithstanding any other provision
20 of the Florida Statutes or existing case law:,
21 1. The lessor, under an agreement to lease a motor
22 vehicle for 1 year or longer which requires the lessee to
23 obtain insurance acceptable to the lessor which contains
24 limits not less than $100,000/$300,000 bodily injury liability
25 and $50,000 property damage liability or not less than
26 $500,000 combined property damage liability and bodily injury
27 liability, shall not be deemed the owner of said motor vehicle
28 for the purpose of determining financial responsibility for
29 the operation of said motor vehicle or for the acts of the
30 operator in connection therewith; further, this subparagraph
31 paragraph shall be applicable so long as the insurance meeting
38
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 these requirements is in effect. The insurance meeting such
2 requirements may be obtained by the lessor or lessee,
3 provided, if such insurance is obtained by the lessor, the
4 combined coverage for bodily injury liability and property
5 damage liability shall contain limits of not less than $1
6 million and may be provided by a lessor's blanket policy.
7 2. The lessor, under an agreement to rent or lease a
8 motor vehicle for a period of less than 1 year, shall be
9 deemed the owner of the motor vehicle for the purpose of
10 determining liability for the operation of the vehicle or the
11 acts of the operator in connection therewith only up to
12 $100,000 per person and up to $300,000 per incident for bodily
13 injury and up to $50,000 for property damage. If the lessee or
14 the operator of the motor vehicle is uninsured or has any
15 insurance with limits less than $500,000 combined property
16 damage and bodily injury liability, the lessor shall be liable
17 for up to an additional $500,000 in economic damages only
18 arising out of the use of the motor vehicle. The additional
19 specified liability of the lessor for economic damages shall
20 be reduced by amounts actually recovered from the lessee, from
21 the operator, and from any insurance or self-insurance
22 covering the lessee or operator. Nothing in this subparagraph
23 shall be construed to affect the liability of the lessor for
24 its own negligence.
25 3. The owner who is a natural person and loans a motor
26 vehicle to any permissive user shall be liable for the
27 operation of the vehicle or the acts of the operator in
28 connection therewith only up to $100,000 per person and up to
29 $300,000 per incident for bodily injury and up to $50,000 for
30 property damage. If the permissive user of the motor vehicle
31 is uninsured or has any insurance with limits less than
39
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 $500,000 combined property damage and bodily injury liability,
2 the owner shall be liable for up to an additional $500,000 in
3 economic damages only arising out of the use of the motor
4 vehicle. The additional specified liability of the owner for
5 economic damages shall be reduced by amounts actually
6 recovered from the permissive user and from any insurance or
7 self-insurance covering the permissive user. Nothing in this
8 subparagraph shall be construed to affect the liability of the
9 owner for his or her own negligence.
10 (c) Application.--
11 1. The limits on liability in subparagraphs (b)2. and
12 (b)3. do not apply to an owner of motor vehicles that are used
13 for commercial activity in the owner's ordinary course of
14 business, other than a rental company that rents or leases
15 motor vehicles. For purposes of this paragraph, the term
16 "rental company" includes only an entity that is engaged in
17 the business of renting or leasing motor vehicles to the
18 general public and that rents or leases a majority of its
19 motor vehicles to persons with no direct or indirect
20 affiliation with the rental company. The term also includes a
21 motor vehicle dealer that provides temporary replacement
22 vehicles to its customers for up to 10 days.
23 2. Furthermore, with respect to commercial motor
24 vehicles as defined in s. 627.732, the limits on liability in
25 subparagraphs (b)2. and (b)3. do not apply if, at the time of
26 the incident, the commercial motor vehicle is being used in
27 the transportation of materials found to be hazardous for the
28 purposes of the Hazardous Materials Transportation
29 Authorization Act of 1994, as amended, 49 U.S.C. ss. 5101 et
30 seq., and that is required pursuant to such act to carry
31
40
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 placards warning others of the hazardous cargo, unless at the
2 time of lease or rental either:
3 a. The lessee indicates in writing that the vehicle
4 will not be used to transport materials found to be hazardous
5 for the purposes of the Hazardous Materials Transportation
6 Authorization Act of 1994, as amended, 49 U.S.C. ss. 5101 et
7 seq.; or
8 b. The lessee or other operator of the commercial
9 motor vehicle has in effect insurance with limits of at least
10 $5,000,000 combined property damage and bodily injury
11 liability.
12 Section 29. Section 768.098, Florida Statutes, is
13 created to read:
14 768.098 Limitation of liability for employee
15 leasing.--
16 (1) An employer in a joint employment relationship
17 pursuant to s. 468.520 shall not be liable for the tortious
18 actions of another employer in that relationship, or for the
19 tortious actions of any jointly employed employee under that
20 relationship, provided that:
21 (a) The employer seeking to avoid liability pursuant
22 to this section did not authorize or direct the tortious
23 action;
24 (b) The employer seeking to avoid liability pursuant
25 to this section did not have actual knowledge of the tortious
26 conduct and fail to take appropriate action;
27 (c) The employer seeking to avoid liability pursuant
28 to this section did not have actual control over the
29 day-to-day job duties of the jointly employed employee who has
30 committed a tortious act nor actual control over the portion
31 of a job site at which or from which the tortious conduct
41
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 arose or at which and from which a jointly employed employee
2 worked, and that said control was assigned to the other
3 employer under the contract;
4 (d) The employer seeking to avoid liability pursuant
5 to this section is expressly absolved in the written contract
6 forming the joint employment relationship of control over the
7 day-to-day job duties of the jointly employed employee who has
8 committed a tortious act, and actual control over the portion
9 of the job site at which or from which the tortious conduct
10 arose or at which and from which the jointly employed employee
11 worked, and that said control was assigned to the other
12 employer under the contract; and
13 (e) Complaints, allegations, or incidents of any
14 tortious misconduct or workplace safety violations, regardless
15 of the source, are required to be reported to the employer
16 seeking to avoid liability pursuant to this section by all
17 other joint employers under the written contract forming the
18 joint employment relationship, and that the employer seeking
19 to avoid liability pursuant to this section did not fail to
20 take appropriate action as a result of receiving any such
21 report related to a jointly employed employee who has
22 committed a tortious act.
23 (2) An employer seeking to avoid liability pursuant to
24 this section shall not be presumed to have actual control over
25 the day-to-day job duties of the jointly employed employee who
26 has committed a tortious act, nor actual control over the
27 portion of a job site at which or from which that employee
28 worked, based solely upon the fact that the employee at issue
29 is a leased employee.
30 (3) This section shall not alter any responsibilities
31 of the joint employer who has actual control over the
42
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 day-to-day job duties of the jointly employed employee and who
2 has actual control over the portion of a job site at which or
3 from which the employee is employed, which arises from s.
4 768.096.
5 Section 30. Subsections (6), (7), and (8) are added to
6 section 400.023, Florida Statutes, to read:
7 400.023 Civil enforcement.--
8 (6) To recover attorney's fees under this section, the
9 following conditions precedent must be met:
10 (a) Within 120 days after the filing of a responsive
11 pleading or defensive motion to a complaint brought under this
12 section and before trial, the parties or their designated
13 representatives shall meet in mediation to discuss the issues
14 of liability and damages in accordance with this paragraph for
15 the purpose of an early resolution of the matter.
16 1. Within 60 days after the filing of the responsive
17 pleading or defensive motion, the parties shall:
18 a. Agree on a mediator. If the parties cannot agree on
19 a mediator, the defendant shall immediately notify the court,
20 which shall appoint a mediator within 10 days after such
21 notice.
22 b. Set a date for mediation.
23 c. Prepare an order for the court that identifies the
24 mediator, the scheduled date of the mediation, and other terms
25 of the mediation. Absent any disagreement between the parties,
26 the court may issue the order for the mediation submitted by
27 the parties without a hearing.
28 2. The mediation must be concluded within 120 days
29 after the filing of a responsive pleading or defensive motion.
30 The date may be extended only by agreement of all parties
31 subject to mediation under this subsection.
43
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 3. The mediation shall be conducted in the following
2 manner:
3 a. Each party shall ensure that all persons necessary
4 for complete settlement authority are present at the
5 mediation.
6 b. Each party shall mediate in good faith.
7 4. All aspects of the mediation which are not
8 specifically established by this subsection must be conducted
9 according to the rules of practice and procedure adopted by
10 the Supreme Court of this state.
11 (b) If the parties do not settle the case pursuant to
12 mediation, the last offer of the defendant made at mediation
13 shall be recorded by the mediator in a written report that
14 states the amount of the offer, the date the offer was made in
15 writing, and the date the offer was rejected. If the matter
16 subsequently proceeds to trial under this section and the
17 plaintiff prevails but is awarded an amount in damages,
18 exclusive of attorney's fees, which is equal to or less than
19 the last offer made by the defendant at mediation, the
20 plaintiff is not entitled to recover any attorney's fees.
21 (c) This subsection applies only to claims for
22 liability and damages and does not apply to actions for
23 injunctive relief.
24 (d) This subsection applies to all causes of action
25 that accrue on or after October 1, 1999.
26 (7) Discovery of financial information for the purpose
27 of determining the value of punitive damages may not be had
28 unless the plaintiff shows the court by proffer or evidence in
29 the record that a reasonable basis exists to support a claim
30 for punitive damages.
31
44
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 (8) In addition to any other standards for punitive
2 damages, any award of punitive damages must be reasonable in
3 light of the actual harm suffered by the resident and the
4 egregiousness of the conduct that caused the actual harm to
5 the resident.
6 Section 31. Section 400.429, Florida statutes, is
7 amended to read:
8 400.429 Civil actions to enforce rights.--
9 (1) Any person or resident whose rights as specified
10 in this part are violated shall have a cause of action against
11 any facility owner, administrator, or staff responsible for
12 the violation. The action may be brought by the resident or
13 his or her guardian, or by a person or organization acting on
14 behalf of a resident with the consent of the resident or his
15 or her guardian, or by the personal representative of the
16 estate of a deceased resident when the cause of death resulted
17 from a violation of the decedent's rights, to enforce such
18 rights. The action may be brought in any court of competent
19 jurisdiction to enforce such rights and to recover actual
20 damages, and punitive damages when malicious, wanton, or
21 willful disregard of the rights of others can be shown. Any
22 plaintiff who prevails in any such action may be entitled to
23 recover reasonable attorney's fees, costs of the action, and
24 damages, unless the court finds that the plaintiff has acted
25 in bad faith, with malicious purpose, and that there was a
26 complete absence of a justiciable issue of either law or fact.
27 A prevailing defendant may be entitled to recover reasonable
28 attorney's fees pursuant to s. 57.105. The remedies provided
29 in this section are in addition to and cumulative with other
30 legal and administrative remedies available to a resident or
31 to the agency.
45
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 (2) To recover attorney's fees under this section, the
2 following conditions precedent must be met:
3 (a) Within 120 days after the filing of a responsive
4 pleading or defensive motion to a complaint brought under this
5 section and before trial, the parties or their designated
6 representatives shall meet in mediation to discuss the issues
7 of liability and damages in accordance with this paragraph for
8 the purpose of an early resolution of the matter.
9 1. Within 60 days after the filing of the responsive
10 pleading or defensive motion, the parties shall:
11 a. Agree on a mediator. If the parties cannot agree on
12 a mediator, the defendant shall immediately notify the court,
13 which shall appoint a mediator within 10 days after such
14 notice.
15 b. Set a date for mediation.
16 c. Prepare an order for the court that identifies the
17 mediator, the scheduled date of the mediation, and other terms
18 of the mediation. Absent any disagreement between the parties,
19 the court may issue the order for the mediation submitted by
20 the parties without a hearing.
21 2. The mediation must be concluded within 120 days
22 after the filing of a responsive pleading or defensive motion.
23 The date may be extended only by agreement of all parties
24 subject to mediation under this subsection.
25 3. The mediation shall be conducted in the following
26 manner:
27 a. Each party shall ensure that all persons necessary
28 for complete settlement authority are present at the
29 mediation.
30 b. Each party shall mediate in good faith.
31
46
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 4. All aspects of the mediation which are not
2 specifically established by this subsection must be conducted
3 according to the rules of practice and procedure adopted by
4 the Supreme Court of this state.
5 (b) If the parties do not settle the case pursuant to
6 mediation, the last offer of the defendant made at mediation
7 shall be recorded by the mediator in a written report that
8 states the amount of the offer, the date the offer was made in
9 writing, and the date the offer was rejected. If the matter
10 subsequently proceeds to trial under this section and the
11 plaintiff prevails but is awarded an amount in damages,
12 exclusive of attorney's fees, which is equal to or less than
13 the last offer made by the defendant at mediation, the
14 plaintiff is not entitled to recover any attorney's fees.
15 (c) This subsection applies only to claims for
16 liability and damages and does not apply to actions for
17 injunctive relief.
18 (d) This subsection applies to all causes of action
19 that accrue on or after October 1, 1999.
20 (3) Discovery of financial information for the purpose
21 of determining the value of punitive damages may not be had
22 unless the plaintiff shows the court by proffer or evidence in
23 the record that a reasonable basis exists to support a claim
24 for punitive damages.
25 (4) In addition to any other standards for punitive
26 damages, any award of punitive damages must be reasonable in
27 light of the actual harm suffered by the resident and the
28 egregiousness of the conduct that caused the actual harm to
29 the resident.
30 Section 32. Section 400.629, Florida Statutes, 1998
31 Supplement, is amended to read:
47
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 400.629 Civil actions to enforce rights.--
2 (1) Any person or resident whose rights as specified
3 in this part are violated has a cause of action against any
4 adult family-care home, provider, or staff responsible for the
5 violation. The action may be brought by the resident or the
6 resident's guardian, or by a person or organization acting on
7 behalf of a resident with the consent of the resident or the
8 resident's guardian, to enforce the right. The action may be
9 brought in any court of competent jurisdiction to enforce such
10 rights and to recover actual damages, and punitive damages
11 when malicious, wanton, or willful disregard of the rights of
12 others can be shown. Any plaintiff who prevails in any such
13 action is entitled to recover reasonable attorney's fees,
14 costs of the action, and damages, unless the court finds that
15 the plaintiff has acted in bad faith or with malicious purpose
16 or that there was a complete absence of a justiciable issue of
17 either law or fact. A prevailing defendant is entitled to
18 recover reasonable attorney's fees pursuant to s. 57.105. The
19 remedies provided in this section are in addition to other
20 legal and administrative remedies available to a resident or
21 to the agency.
22 (2) To recover attorney's fees under this section, the
23 following conditions precedent must be met:
24 (a) Within 120 days after the filing of a responsive
25 pleading or defensive motion to a complaint brought under this
26 section and before trial, the parties or their designated
27 representatives shall meet in mediation to discuss the issues
28 of liability and damages in accordance with this paragraph for
29 the purpose of an early resolution of the matter.
30 1. Within 60 days after the filing of the responsive
31 pleading or defensive motion, the parties shall:
48
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 a. Agree on a mediator. If the parties cannot agree on
2 a mediator, the defendant shall immediately notify the court,
3 which shall appoint a mediator within 10 days after such
4 notice.
5 b. Set a date for mediation.
6 c. Prepare an order for the court that identifies the
7 mediator, the scheduled date of the mediation, and other terms
8 of the mediation. Absent any disagreement between the parties,
9 the court may issue the order for the mediation submitted by
10 the parties without a hearing.
11 2. The mediation must be concluded within 120 days
12 after the filing of a responsive pleading or defensive motion.
13 The date may be extended only by agreement of all parties
14 subject to mediation under this subsection.
15 3. The mediation shall be conducted in the following
16 manner:
17 a. Each party shall ensure that all persons necessary
18 for complete settlement authority are present at the
19 mediation.
20 b. Each party shall mediate in good faith.
21 4. All aspects of the mediation which are not
22 specifically established by this subsection must be conducted
23 according to the rules of practice and procedure adopted by
24 the Supreme Court of this state.
25 (b) If the parties do not settle the case pursuant to
26 mediation, the last offer of the defendant made at mediation
27 shall be recorded by the mediator in a written report that
28 states the amount of the offer, the date the offer was made in
29 writing, and the date the offer was rejected. If the matter
30 subsequently proceeds to trial under this section and the
31 plaintiff prevails but is awarded an amount in damages,
49
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 exclusive of attorney's fees, which is equal to or less than
2 the last offer made by the defendant at mediation, the
3 plaintiff is not entitled to recover any attorney's fees.
4 (c) This subsection applies only to claims for
5 liability and damages and does not apply to actions for
6 injunctive relief.
7 (d) This subsection applies to all causes of action
8 that accrue on or after October 1, 1999.
9 (3) Discovery of financial information for the purpose
10 of determining the value of punitive damages may not be had
11 unless the plaintiff shows the court by proffer or evidence in
12 the record that a reasonable basis exists to support a claim
13 for punitive damages.
14 (4) In addition to any other standards for punitive
15 damages, any award of punitive damages must be reasonable in
16 light of the actual harm suffered by the resident and the
17 egregiousness of the conduct that caused the actual harm to
18 the resident.
19 Section 33. (1) The Office of Program Policy Analysis
20 and Government Accountability shall, after issuing a request
21 for proposals, contract with a national independent actuarial
22 firm to conduct an actuarial analysis, consistent with
23 generally accepted actuarial practices, of the expected
24 reduction in liability judgments, settlements, and related
25 costs resulting from the provisions of this act. The analysis
26 shall be based on credible loss cost data derived from
27 settlement or adjudication of liability claims accruing after
28 the effective date of this act. The analysis shall include an
29 estimate of the percentage decrease in such judgments,
30 settlements, and costs by type of coverage affected by this
31
50
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 act, including the time period when such savings or reductions
2 are expected.
3 (2) The report shall be completed and submitted to the
4 Office of Program Policy Analysis and Government
5 Accountability by March 1, 2007.
6 Section 34. It is the intent of this act and the
7 Legislature to accord the utmost comity and respect to the
8 constitutional prerogatives of Florida's judiciary, and
9 nothing in this act should be construed as any effort to
10 impinge upon those prerogatives. To that end, should any court
11 of competent jurisdiction enter a final judgment concluding or
12 declaring that any provision of this act improperly encroaches
13 upon the authority of the Florida Supreme Court to determine
14 the rules of practice and procedure in Florida courts, the
15 Legislature hereby declares its intent that any such provision
16 be construed as a request for rule change pursuant to s. 2,
17 Art. 5 of the State Constitution and not as a mandatory
18 legislative directive.
19 Section 35. If any provision of this act or the
20 application thereof to any person or circumstance is held
21 invalid, the invalidity does not affect other provisions or
22 applications of the act which can be given effect without the
23 invalid provision or application, and to this end the
24 provisions of this act are declared severable. Section 43.29,
25 Florida Statutes, is repealed.
26 Section 4. This act shall take effect October 1, 2001.
27
28
29
30
31
51
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2001 HB 1651
725-130-01
1 *****************************************
2 HOUSE SUMMARY
3
Revises the judicial nominating commission member
4 appointment process. Reenacts sections 3, 6, 9, 10, 11,
12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25,
5 26, 27, 28, 29, 30, 31, 32, 33, 34, and 35 of chapter
99-225, Laws of Florida, relating to civil actions. See
6 bill for details.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
52
CODING: Words stricken are deletions; words underlined are additions.