Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. HB 1513, 1st Eng.
                        Barcode 700272
                            CHAMBER ACTION
              Senate                               House
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       05/04/2005 08:56 PM         .                    
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11  Senator Campbell moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On lines 60-117, delete those lines
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16  and insert:  liability. Notwithstanding any other provision of
17  law to the contrary, fault shall not be allocated to a
18  nonparty to the action, and no nonparty to the action, whether
19  named or unnamed, shall be included on the verdict form for
20  purposes of apportioning damages., except as provided in
21  paragraphs (a), (b), and (c):
22         (a)  Where a plaintiff is found to be at fault, the
23  following shall apply:
24         1.  Any defendant found 10 percent or less at fault
25  shall not be subject to joint and several liability.
26         2.  For any defendant found more than 10 percent but
27  less than 25 percent at fault, joint and several liability
28  shall not apply to that portion of economic damages in excess
29  of $200,000.
30         3.  For any defendant found at least 25 percent but not
31  more than 50 percent at fault, joint and several liability
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    12:00 PM   05/04/05                          h151303e1c-32-z9c

Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1513, 1st Eng. Barcode 700272 1 shall not apply to that portion of economic damages in excess 2 of $500,000. 3 4. For any defendant found more than 50 percent at 4 fault, joint and several liability shall not apply to that 5 portion of economic damages in excess of $1 million. 6 7 For any defendant under subparagraph 2., subparagraph 3., or 8 subparagraph 4., the amount of economic damages calculated 9 under joint and several liability shall be in addition to the 10 amount of economic and noneconomic damages already apportioned 11 to that defendant based on that defendant's percentage of 12 fault. 13 (b) Where a plaintiff is found to be without fault, 14 the following shall apply: 15 1. Any defendant found less than 10 percent at fault 16 shall not be subject to joint and several liability. 17 2. For any defendant found at least 10 percent but 18 less than 25 percent at fault, joint and several liability 19 shall not apply to that portion of economic damages in excess 20 of $500,000. 21 3. For any defendant found at least 25 percent but not 22 more than 50 percent at fault, joint and several liability 23 shall not apply to that portion of economic damages in excess 24 of $1 million. 25 4. For any defendant found more than 50 percent at 26 fault, joint and several liability shall not apply to that 27 portion of economic damages in excess of $2 million. 28 29 For any defendant under subparagraph 2., subparagraph 3., or 30 subparagraph 4., the amount of economic damages calculated 31 under joint and several liability shall be in addition to the 2 12:00 PM 05/04/05 h151303e1c-32-z9c
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1513, 1st Eng. Barcode 700272 1 amount of economic and noneconomic damages already apportioned 2 to that defendant based on that defendant's percentage of 3 fault. 4 (c) With respect to any defendant whose percentage of 5 fault is less than the fault of a particular plaintiff, the 6 doctrine of joint and several liability shall not apply to any 7 damages imposed against the defendant. 8 (d) In order to allocate any or all fault to a 9 nonparty, a defendant must affirmatively plead the fault of a 10 nonparty and, absent a showing of good cause, identify the 11 nonparty, if known, or describe the nonparty as specifically 12 as practicable, either by motion or in the initial responsive 13 pleading when defenses are first presented, subject to 14 amendment any time before trial in accordance with the Florida 15 Rules of Civil Procedure. 16 (e) In order to allocate any or all fault to a 17 nonparty and include the named or unnamed nonparty on the 18 verdict form for purposes of apportioning damages, a defendant 19 must prove at trial, by a preponderance of the evidence, the 20 fault of the nonparty in causing the plaintiff's injuries. 21 22 23 ================ T I T L E A M E N D M E N T =============== 24 And the title is amended as follows: 25 On lines 9-11, delete those lines 26 27 and insert: 28 768.81, F.S.; prohibiting allocation of fault 29 to a nonparty and inclusion on jury verdict 30 forms; deleting exceptions to a requirement for 31 liability based on percentage of fault instead 3 12:00 PM 05/04/05 h151303e1c-32-z9c
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1513, 1st Eng. Barcode 700272 1 of joint and several liability; providing 2 3 4 5 6 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 4 12:00 PM 05/04/05 h151303e1c-32-z9c