HJR 0563 2003
1	House Joint Resolution
2	A joint resolution proposing the creation of Section 22 of
3	Article X of the State Constitution to provide a cap on
4	noneconomic damages in tort cases, to provide for court
5	supervision of share of damages actually paid to
6	claimants, and to provide a fair share rule for payment of
7	damages.
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9	Be It Resolved by the Legislature of the State of Florida:
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11	That the creation of Section 22 of Article X of the State
12	Constitution set forth below is agreed to and shall be submitted
13	to the electors of Florida for approval or rejection at the
14	general election to be held in November 2004:
15	ARTICLE X
16	MISCELLANEOUS
17	SECTION 22. Cap on noneconomic damages; court supervision
18	of share of damages actually paid to claimants; fair share
19	rule.--
20	(a) Pursuant to general law, noneconomic damages in tort
21	cases shall be limited to $250,000, which amount may be adjusted
22	on an annual basis to reflect inflation. The provisions of this
23	section shall not be deemed as a denial of access to courts as
24	set forth in Section 21 of Article I.
25	(b) In any lawsuit, the court shall supervise the
26	arrangements for payment of damages to protect against conflicts
27	of interest that may have the effect of reducing the amount of
28	damages awarded that are actually paid to claimants. In
29	particular, in any lawsuit in which the attorney for a party
30	claims a financial stake in the outcome by virtue of a
31	contingent fee, the court shall have the power to restrict the
32	payment of a claimant’s damage recovery to such attorney and to
33	redirect such damages to the claimant based upon the interests
34	of justice and principles of equity. In no event shall the
35	total of all contingent fees for representing all claimants in a
36	lawsuit exceed the following limits:
37	(1) Forty percent of the first $50,000 recovered by the
38	claimant or claimants.
39	(2) Thirty-three and one third percent of the next $50,000
40	recovered by the claimant or claimants.
41	(3) Twenty-five percent of the next $500,000 recovered by
42	the claimant or claimants.
43	(4) Fifteen percent of any amount by which the recovery of
44	the claimant or claimants is in excess of $600,000.
45	(c) The limitations in subsection (b) shall apply whether
46	the recovery is by judgment, settlement, mediation, arbitration,
47	or any other form of dispute resolution. In a lawsuit involving
48	a minor or incompetent person, a court retains the authority to
49	authorize or approve a fee that is less than the maximum
50	permitted under this section.
51	(d) In any lawsuit, each party shall be liable for that
52	party’s several share of any damages only and not for the share
53	of any other person. Each party shall be liable only for the
54	amount of damages allocated to such party in direct proportion
55	to such party’s percentage of responsibility. A separate
56	judgment shall be rendered against each such party for the
57	amount allocated to such party. For the purposes of this
58	subsection, the trier of fact shall determine the proportion of
59	responsibility of each party for the claimant’s harm.
60	BE IT FURTHER RESOLVED that the title and substance of the
61	amendment proposed herein shall appear on the ballot as follows:
62	LIMITING NONECONOMIC DAMAGES; COURT SUPERVISION OF DAMAGES PAID
63	TO CLAIMANTS; FAIR SHARE RULE
64	Proposes the creation of Section 22 of Article X of the
65	State Constitution to provide a limitation of $250,000 on
66	noneconomic damages in tort cases, which amount may be annually
67	adjusted for inflation as provided by general law. Proposes
68	that the court shall supervise the arrangements for payment of
69	damages to protect against conflicts of interest that may have
70	the effect of reducing the amount of damages awarded that are
71	actually paid to claimants. Proposes a limitation on the total
72	of all contingent fees for representing all claimants in a
73	lawsuit and provides that such limits shall apply whether the
74	recovery is by judgment, settlement, mediation, arbitration, or
75	any other form of dispute resolution. Proposes that in any
76	lawsuit, each party shall be liable for that party’s several
77	share of any damages only and not for the share of any other
78	person.