HB 1439 2003
   
1 A bill to be entitled
2          An act relating to comparative fault; amending s. 768.81,
3    F.S.; providing for the inclusion of negligence actions
4    based upon intentional torts in the type of actions
5    subject to the allocation of damages based on comparative
6    fault; providing an effective date.
7         
8          Be It Enacted by the Legislature of the State of Florida:
9         
10          Section 1. Subsection (4) of section 768.81, Florida
11    Statutes, is amended to read:
12          768.81 Comparative fault.--
13          (4) APPLICABILITY.--
14          (a) This section applies to negligence cases. For purposes
15    of this section, "negligence cases" includes, but is not limited
16    to, civil actions for damages based upon theories of negligence,
17    strict liability, products liability, professional malpractice
18    whether couched in terms of contract or tort, or breach of
19    warranty and like theories, and negligence actions for damages
20    based upon an intentional tort, including an intentional tort
21    involving criminal conduct. In determining whether a case falls
22    within the term "negligence cases," the court shall look to the
23    substance of the action and not the conclusory terms used by the
24    parties.
25          (b) This section does not apply to any action brought by
26    any person to recover actual economic damages resulting from
27    pollution, to any action based upon an intentional tort,or to
28    any cause of action as to which application of the doctrine of
29    joint and several liability is specifically provided by chapter
30    403, chapter 498, chapter 517, chapter 542, or chapter 895.
31          Section 2. This act shall take effect July 1, 2003.