HOUSE AMENDMENT Bill No. HB 63B
1	CHAMBER ACTION
2	Senate House
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12	Representative Ambler offered the following:
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14	Substitute Amendment for Amendment (940579) (with title
15	amendment)
16	Remove lines 2243-2253, and insert:
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18	Section 45. Section 766.112, Florida Statutes, is amended
19	to read:
20	766.112 Comparative fault.--
21	(1) Notwithstanding anything in law to the contrary, in an
22	action for damages for personal injury or wrongful death arising
23	out of medical malpractice, whether in contract or tort, the
24	court shall enter judgment on the basis of each party's
25	percentage of fault and not on the basis of the doctrine of
26	joint and several liability.
27	(2)(1)Notwithstanding anything in law to the contrary, in
28	an action for damages for personal injury or wrongful death
29	arising out of medical malpractice, whether in contract or tort,
30	when an apportionment of damages pursuant to this section is
31	attributed to a teaching hospital as defined in s. 408.07, the
32	court shall enter judgment against the teaching hospital on the
33	basis of such party's percentage of fault and not on the basis
34	of the doctrine of joint and several liability.
35	(3)(2)In an action for damages for personal injury or
36	wrongful death arising out of medical malpractice, whether in
37	contract or tort, when an apportionment of damages pursuant to
38	s. 768.81 is attributed to a board of trustees of a state
39	university, the court shall enter judgment against the board of
40	trustees on the basis of the board's percentage of fault and not
41	on the basis of the doctrine of joint and several liability. The
42	sole remedy available to a claimant to collect a judgment or
43	settlement against a board of trustees, subject to the
44	provisions of this subsection, shall be pursuant to s. 768.28.
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47	================= T I T L E A M E N D M E N T =================
48	Remove lines 183-185, and insert:
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50	the court under certain circumstances; amending s. 766.112,
51	F.S.; eliminating the application of the doctrine of joint and
52	several liability to medical malpractice actions; creating s.