Amendment
Bill No. 1513

Amendment No. 916213

CHAMBER ACTION
Senate		House
.
.
.

---

---

1	Representative(s) Ambler offered the following:
2
3	Amendment (with directory and title amendments)
4	Remove line(s) 66-123 and insert:
5	liability. Notwithstanding any other provision of law to the
6	contrary, fault shall not be allocated to a nonparty to the
7	action, and no nonparty to the action, whether named or unnamed,
8	shall be included on the verdict form for purposes of
9	apportioning damages., except as provided in paragraphs (a),
10	(b), and (c):
11	(a)  Where a plaintiff is found to be at fault, the
12	following shall apply:
13	1.  Any defendant found 10 percent or less at fault shall
14	not be subject to joint and several liability.
15	2.  For any defendant found more than 10 percent but less
16	than 25 percent at fault, joint and several liability shall not
17	apply to that portion of economic damages in excess of $200,000.
18	3.  For any defendant found at least 25 percent but not
19	more than 50 percent at fault, joint and several liability shall
20	not apply to that portion of economic damages in excess of
21	$500,000.
22	4.  For any defendant found more than 50 percent at fault,
23	joint and several liability shall not apply to that portion of
24	economic damages in excess of $1 million.
25
26	For any defendant under subparagraph 2., subparagraph 3., or
27	subparagraph 4., the amount of economic damages calculated under
28	joint and several liability shall be in addition to the amount
29	of economic and noneconomic damages already apportioned to that
30	defendant based on that defendant's percentage of fault.
31	(b)  Where a plaintiff is found to be without fault, the
32	following shall apply:
33	1.  Any defendant found less than 10 percent at fault shall
34	not be subject to joint and several liability.
35	2.  For any defendant found at least 10 percent but less
36	than 25 percent at fault, joint and several liability shall not
37	apply to that portion of economic damages in excess of $500,000.
38	3.  For any defendant found at least 25 percent but not
39	more than 50 percent at fault, joint and several liability shall
40	not apply to that portion of economic damages in excess of $1
41	million.
42	4.  For any defendant found more than 50 percent at fault,
43	joint and several liability shall not apply to that portion of
44	economic damages in excess of $2 million.
45
46	For any defendant under subparagraph 2., subparagraph 3., or
47	subparagraph 4., the amount of economic damages calculated under
48	joint and several liability shall be in addition to the amount
49	of economic and noneconomic damages already apportioned to that
50	defendant based on that defendant's percentage of fault.
51	(c)  With respect to any defendant whose percentage of
52	fault is less than the fault of a particular plaintiff, the
53	doctrine of joint and several liability shall not apply to any
54	damages imposed against the defendant.
55	(d)  In order to allocate any or all fault to a nonparty, a
56	defendant must affirmatively plead the fault of a nonparty and,
57	absent a showing of good cause, identify the nonparty, if known,
58	or describe the nonparty as specifically as practicable, either
59	by motion or in the initial responsive pleading when defenses
60	are first presented, subject to amendment any time before trial
61	in accordance with the Florida Rules of Civil Procedure.
62	(e)  In order to allocate any or all fault to a nonparty
63	and include the named or unnamed nonparty on the verdict form
64	for purposes of apportioning damages, a defendant must prove at
65	trial, by a preponderance of the evidence, the fault of the
66	nonparty in causing the plaintiff's injuries.
67
68	================ T I T L E  A M E N D M E N T =============
69	Remove line(s) 13 and insert:
70	768.81, F.S.; prohibiting allocation of fault to a nonparty and
71	inclusion on jury verdict form; deleting exceptions to a
72	requirement for

CODING: Words stricken are deletions; words underlined are additions.