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A bill to be entitled |
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An act relating to comparative fault; amending s. 768.81, |
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F.S.; providing for the inclusion of negligence actions |
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based upon intentional torts in the type of actions |
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subject to the allocation of damages based on comparative |
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fault; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Subsection (4) of section 768.81, Florida |
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Statutes, is amended to read: |
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768.81 Comparative fault.-- |
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(4) APPLICABILITY.-- |
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(a) This section applies to negligence cases. For purposes |
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of this section, "negligence cases" includes, but is not limited |
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to, civil actions for damages based upon theories of negligence, |
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strict liability, products liability, professional malpractice |
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whether couched in terms of contract or tort, or breach of |
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warranty and like theories, and negligence actions for damages |
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based upon an intentional tort, including an intentional tort |
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involving criminal conduct. In determining whether a case falls |
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within the term "negligence cases," the court shall look to the |
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substance of the action and not the conclusory terms used by the |
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parties. |
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(b) This section does not apply to any action brought by |
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any person to recover actual economic damages resulting from |
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pollution, to any action based upon an intentional tort,or to |
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any cause of action as to which application of the doctrine of |
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joint and several liability is specifically provided by chapter |
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403, chapter 498, chapter 517, chapter 542, or chapter 895. |
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Section 2. This act shall take effect July 1, 2003. |