HB 1513

1	A bill to be entitled
2	An act relating to civil justice reform; creating s.
3	46.100, F.S.; providing for dismissal of actions based on
4	fraudulent or deceptive activity; providing for recovery
5	of damages and attorney fees and costs in certain actions;
6	amending s. 324.021, F.S.; repealing the dangerous
7	instrumentality doctrine; providing for liability for
8	personal injuries under certain circumstances; deleting
9	provisions specifying ownership of motor vehicles for
10	certain purposes; deleting provisions specifying
11	application of certain limits of liability; amending s.
12	624.155, F.S.; limiting actions against an insurer to
13	insureds; specifying a duty to cooperate with an insurer
14	in asserting a demand for settlement; specifying certain
15	activities as a defense in certain actions; revising
16	certain time periods relating to notices in certain
17	actions; revising notice requirements; providing for
18	preemption of specified civil remedies; specifying effect
19	of certain judgments; specifying a criterion for burden of
20	proof in actions against an insurer; limiting insurer
21	liability for failure to pay policy limits under certain
22	circumstances; authorizing parties to request certain
23	court orders relating to unnecessary delay; providing
24	requirements for amending witness lists; limiting
25	admissibility of certain evidence; specifying
26	considerations for a trier of fact in certain actions;
27	providing construction relating to assigning causes of
28	action; amending s. 768.0710, F.S.; limiting liability for
29	damages to a claimant resulting from intentional or
30	criminal acts; creating s. 768.1254, F.S.; providing
31	definitions; creating s. 768.1255, F.S.; providing general
32	rules for product liability actions against product
33	sellers; specifying criteria for liability of a product
34	seller as a manufacturer; amending s. 768.1256, F.S.;
35	deleting a rebuttable presumption provision in product
36	liability actions; creating s. 768.1382, F.S.; limiting
37	liability of certain public and private entities providing
38	street lights, security lights, or other similar
39	illumination; providing that certain entities do not owe a
40	duty to the public to provide, operate, or maintain
41	illumination; providing exceptions; prohibiting certain
42	findings of fault or responsibility of an entity not a
43	party to litigation; amending s. 768.28, F.S.; limiting
44	the liability of law enforcement officers or sheriffs and
45	employing law enforcement agencies for civil damages for
46	injury or death from pursuing fleeing persons under
47	certain circumstances; amending s. 768.76, F.S.; requiring
48	a jury to be informed of the amount of certain benefits
49	paid or available for payment from collateral sources;
50	amending s. 768.79, F.S.; specifying absence of
51	restrictions on certain settlement or release agreements;
52	limiting attorney fees under certain circumstances;
53	amending s. 768.81, F.S.; deleting exceptions to a
54	requirement for liability based on percentage of fault
55	instead of joint and several liability; expanding
56	application of provisions to additional negligence cases;
57	revising a nonapplication provision; providing
58	severability; providing applicability; providing an
59	effective date.
60
61	WHEREAS, it is the intent of the Legislature to protect the
62	right of the citizen to access the courts while protecting jobs
63	by limiting the liability of citizens, governmental agencies,
64	and businesses, and
65	WHEREAS, civil lawsuits and counterclaims, often involving
66	millions of dollars, have been and are being filed against
67	countless citizens, governmental agencies, and businesses in
68	this state where those citizens, governmental agencies, and
69	business ought not be held liable, and
70	WHEREAS, such lawsuits and counterclaims are often filed
71	against citizens, governmental agencies, and businesses with the
72	most amount of money and ability to pay large settlements, and
73	WHEREAS, such lawsuits and counterclaims put the citizens,
74	governmental agencies, and businesses of this state through
75	great and needless expense, harassment, and interruption of
76	their duties, and
77	WHEREAS, such lawsuits and counterclaims have increased
78	significantly over the last 30 years and have become a threat to
79	the employment security and public safety of the citizens of
80	this state, and
81	WHEREAS, the following changes to the manner in which civil
82	actions are conducted will ensure that citizens continue to have
83	a right of access to courts and that jobs in this state will be
84	protected by ensuring that citizens, governmental agencies, and
85	businesses will not be held liable when they ought not be, and
86	WHEREAS, the Legislature acknowledges that the civil
87	justice system is a very complex system which touches upon many
88	areas, and, in order to accomplish the aforementioned goals, any
89	reforms to this system must be broad, comprehensive, and all-
90	inclusive, and
91	WHEREAS, it is the intent of the Legislature to accomplish
92	these goals by reforming the civil justice system of this state
93	and that the Legislature believes the changes made by this act
94	are thus needed, and
95	WHEREAS, section 13 of Article X of the State Constitution
96	grants the Legislature the authority to waive sovereign
97	immunity, and
98	WHEREAS, in 1973, the Legislature, exercising that
99	authority, adopted s. 768.28, Florida Statutes, and
100	WHEREAS, it has been the intent of the Legislature that
101	such waiver provisions be strictly construed, and
102	WHEREAS, it has been brought to the Legislature's attention
103	that court interpretations have provided that law enforcement
104	agencies may be liable for the actions of a person fleeing from
105	a law enforcement officer even though the officer has no control
106	over the actions of the person fleeing, and
107	WHEREAS, the intent of the Legislature is to provide that
108	law enforcement officers and their employing agencies should
109	have no liability for injuries caused by the person fleeing the
110	officer in a pursuit, and
111	WHEREAS, law enforcement officers perform a valuable
112	function in protecting the public from harm and must, of
113	necessity, from time to time, apprehend those who violate the
114	law and who, through flight from apprehension, place members of
115	the public at risk, and
116	WHEREAS, the Legislature finds it necessary to balance the
117	risks of harm to the public with the need to apprehend persons
118	as long as the apprehension and pursuit are accomplished within
119	proper and rational bounds, and law enforcement operates with
120	due care, and
121	WHEREAS, it is the intent of the Legislature to overrule
122	the decision in City of Pinellas Park v. Brown, 604 So.2d 1222
123	(Fla. 1992), NOW, THEREFORE,
124
125	Be It Enacted by the Legislature of the State of Florida:
126
127	Section 1.  Section 46.100, Florida Statutes, is created to
128	read:
129	46.100  Dismissal due to fraud.--
130	(1)  In any civil action, the defendant shall be entitled
131	to dismissal upon a motion for dismissal with evidence
132	demonstrating that the plaintiff engaged in any fraudulent or
133	deceptive activity in any aspect of the lawsuit which is the
134	subject of the damages sought from the defendant. Such motion
135	for motion for dismissal shall be granted based on a
136	preponderance of the evidence. The judge shall rule on such
137	motions in a timely manner.
138	(2)  A defendant prevailing in such action under subsection
139	(1) may recover compensatory, consequential, and punitive
140	damages subject to the requirements and limitations of part II
141	of chapter 768 and attorney's fees and costs incurred in
142	litigating a cause of action against any person convicted of, or
143	who, regardless of adjudication of guilt, pleads guilty or nolo
144	contendere to insurance fraud under s. 817.234, associated with
145	a claim for damages or other benefits.
146	Section 2.  Subsection (9) of section 324.021, Florida
147	Statutes, is amended to read:
148	324.021  Definitions; minimum insurance required.--The
149	following words and phrases when used in this chapter shall, for
150	the purpose of this chapter, have the meanings respectively
151	ascribed to them in this section, except in those instances
152	where the context clearly indicates a different meaning:
153	(9)  DANGEROUS INSTRUMENTALITY DOCTRINE REPEALED OWNER;
154	OWNER/LESSOR.--The dangerous instrumentality doctrine is
155	repealed. A person or entity that negligently entrusts the use
156	of a vehicle to a third party may be liable for any personal
157	injuries that occur as a result of the negligent operation of
158	the vehicle by the third party if the entrusting party knew or
159	had reason to know that the third party would use the vehicle in
160	such a manner as to create an unreasonable risk of harm to
161	others.
162	(a)  Owner.--A person who holds the legal title of a motor
163	vehicle; or, in the event a motor vehicle is the subject of an
164	agreement for the conditional sale or lease thereof with the
165	right of purchase upon performance of the conditions stated in
166	the agreement and with an immediate right of possession vested
167	in the conditional vendee or lessee, or in the event a mortgagor
168	of a vehicle is entitled to possession, then such conditional
169	vendee or lessee or mortgagor shall be deemed the owner for the
170	purpose of this chapter.
171	(b)  Owner/lessor.--Notwithstanding any other provision of
172	the Florida Statutes or existing case law:
173	1.  The lessor, under an agreement to lease a motor vehicle
174	for 1 year or longer which requires the lessee to obtain
175	insurance acceptable to the lessor which contains limits not
176	less than $100,000/$300,000 bodily injury liability and $50,000
177	property damage liability or not less than $500,000 combined
178	property damage liability and bodily injury liability, shall not
179	be deemed the owner of said motor vehicle for the purpose of
180	determining financial responsibility for the operation of said
181	motor vehicle or for the acts of the operator in connection
182	therewith; further, this subparagraph shall be applicable so
183	long as the insurance meeting these requirements is in effect.
184	The insurance meeting such requirements may be obtained by the
185	lessor or lessee, provided, if such insurance is obtained by the
186	lessor, the combined coverage for bodily injury liability and
187	property damage liability shall contain limits of not less than
188	$1 million and may be provided by a lessor's blanket policy.
189	2.  The lessor, under an agreement to rent or lease a motor
190	vehicle for a period of less than 1 year, shall be deemed the
191	owner of the motor vehicle for the purpose of determining
192	liability for the operation of the vehicle or the acts of the
193	operator in connection therewith only up to $100,000 per person
194	and up to $300,000 per incident for bodily injury and up to
195	$50,000 for property damage. If the lessee or the operator of
196	the motor vehicle is uninsured or has any insurance with limits
197	less than $500,000 combined property damage and bodily injury
198	liability, the lessor shall be liable for up to an additional
199	$500,000 in economic damages only arising out of the use of the
200	motor vehicle. The additional specified liability of the lessor
201	for economic damages shall be reduced by amounts actually
202	recovered from the lessee, from the operator, and from any
203	insurance or self-insurance covering the lessee or operator.
204	Nothing in this subparagraph shall be construed to affect the
205	liability of the lessor for its own negligence.
206	3.  The owner who is a natural person and loans a motor
207	vehicle to any permissive user shall be liable for the operation
208	of the vehicle or the acts of the operator in connection
209	therewith only up to $100,000 per person and up to $300,000 per
210	incident for bodily injury and up to $50,000 for property
211	damage. If the permissive user of the motor vehicle is uninsured
212	or has any insurance with limits less than $500,000 combined
213	property damage and bodily injury liability, the owner shall be
214	liable for up to an additional $500,000 in economic damages only
215	arising out of the use of the motor vehicle. The additional
216	specified liability of the owner for economic damages shall be
217	reduced by amounts actually recovered from the permissive user
218	and from any insurance or self-insurance covering the permissive
219	user. Nothing in this subparagraph shall be construed to affect
220	the liability of the owner for his or her own negligence.
221	(c)  Application.--
222	1.  The limits on liability in subparagraphs (b)2. and 3.
223	do not apply to an owner of motor vehicles that are used for
224	commercial activity in the owner's ordinary course of business,
225	other than a rental company that rents or leases motor vehicles.
226	For purposes of this paragraph, the term "rental company"
227	includes only an entity that is engaged in the business of
228	renting or leasing motor vehicles to the general public and that
229	rents or leases a majority of its motor vehicles to persons with
230	no direct or indirect affiliation with the rental company. The
231	term also includes a motor vehicle dealer that provides
232	temporary replacement vehicles to its customers for up to 10
233	days.
234	2.  Furthermore, with respect to commercial motor vehicles
235	as defined in s. 627.732, the limits on liability in
236	subparagraphs (b)2. and 3. do not apply if, at the time of the
237	incident, the commercial motor vehicle is being used in the
238	transportation of materials found to be hazardous for the
239	purposes of the Hazardous Materials Transportation Authorization
240	Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
241	required pursuant to such act to carry placards warning others
242	of the hazardous cargo, unless at the time of lease or rental
243	either:
244	a.  The lessee indicates in writing that the vehicle will
245	not be used to transport materials found to be hazardous for the
246	purposes of the Hazardous Materials Transportation Authorization
247	Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
248	b.  The lessee or other operator of the commercial motor
249	vehicle has in effect insurance with limits of at least
250	$5,000,000 combined property damage and bodily injury liability.
251	Section 3.  Subsections (1), (3), and (8) of section
252	624.155, Florida Statutes, are amended, and subsections (9),
253	(10), (11), and (12) are added to said section, to read:
254	624.155  Civil remedy.--
255	(1)  An insured Any person may bring a civil action against
256	an insurer when such person is damaged:
257	(a)  By a violation of any of the following provisions by
258	the insurer:
259	1.  Section 626.9541(1)(i), (o), or (x);
260	2.  Section 626.9551;
261	3.  Section 626.9705;
262	4.  Section 626.9706;
263	5.  Section 626.9707; or
264	6.  Section 627.7283.
265	(b)  By the commission of any of the following acts by the
266	insurer:
267	1.  Not attempting in good faith to settle claims when,
268	under all the circumstances, it could and should have done so,
269	had it acted fairly and honestly toward its insured and with due
270	regard for her or his interests and the interests of all other
271	policyholders. However, both the insured and any person
272	asserting any demand for such settlement owes a similar duty to
273	the insurer to cooperate fully with the insurer, and it shall be
274	a defense to any action under this section if the court finds
275	that the insured or other person demanding settlement:
276	a.  Failed to cooperate fully in facilitating the
277	settlement;
278	b.  Imposed or adhered to time limits or other conditions
279	on settlement without at that time demonstrating to the insurer
280	valid reasons that such time limits or other conditions were
281	reasonable and necessary and that such reasons were totally
282	unrelated to the possibility of obtaining damages under this
283	section; or
284	c.  Lacked authority to make the demand or to accept the
285	amount demanded in full settlement of all claims, including
286	liens, arising from the occurrence;
287	2.  Making claims payments to insureds or beneficiaries not
288	accompanied by a statement setting forth the coverage under
289	which payments are being made; or
290	3.  Except as to liability coverages, failing to promptly
291	settle claims, when the obligation to settle a claim has become
292	reasonably clear, under one portion of the insurance policy
293	coverage in order to influence settlements under other portions
294	of the insurance policy coverage.
295
296	Notwithstanding the provisions of the above to the contrary, a
297	person pursuing a remedy under this section need not prove that
298	such act was committed or performed with such frequency as to
299	indicate a general business practice.
300	(3)(a)  As a condition precedent to bringing an action
301	under this section, the department and the authorized insurer
302	must have been given 90 60 days' written notice of the
303	violation. If the department returns a notice for lack of
304	specificity, the 90-day 60-day time period shall not begin until
305	a proper notice is filed.
306	(b)  The notice shall be on a form provided by the
307	department and shall state with specificity the following
308	information, and such other information as the department may
309	require:
310	1.  The statutory provision, including the specific
311	language of the statute, which the authorized insurer allegedly
312	violated.
313	2.  The specific facts and circumstances giving rise to the
314	violation, including facts and circumstances pertinent to each
315	factor stated in subsection (10) and the identity of all parties
316	who have made claims against the insured for the occurrence
317	giving rise to the claim and any documentation pertaining to
318	such claims.
319	3.  The name of any individual involved in the violation.
320	4.  Reference to specific policy coverage and language that
321	is relevant to the violation, if any. If the person bringing the
322	civil action is a third party claimant, she or he shall not be
323	required to reference the specific policy language if the
324	authorized insurer has not provided a copy of the policy to the
325	third party claimant pursuant to written request.
326	5.  A statement that the notice is given in order to
327	perfect the right to pursue the civil remedy authorized by this
328	section.
329	6.  A detailed description of the specific dollar amounts
330	that are due and unpaid under each available coverage and how
331	such amounts are calculated and of any other actions requested
332	to cure the violation.
333	(c)  Within 30 20 days of receipt of the notice, the
334	department shall may return any notice that does not provide the
335	specific information required by this section, and the
336	department shall indicate the specific deficiencies contained in
337	the notice. A determination by the department to return a notice
338	for lack of specificity shall be exempt from the requirements of
339	chapter 120.
340	(d)  No action shall lie if, within 90 60 days after filing
341	notice, the damages are paid or the circumstances giving rise to
342	the violation are corrected.
343	(e)  The authorized insurer that is the recipient of a
344	notice filed pursuant to this section shall report to the
345	department on the disposition of the alleged violation.
346	(f)  The applicable statute of limitations for an action
347	under this section shall be tolled for a period of 95 65 days by
348	the mailing of the notice required by this subsection or the
349	mailing of a subsequent notice required by this subsection.
350	(8)  The civil remedy specified in this section preempts
351	all does not preempt any other remedies and causes remedy or
352	cause of action for extra-contractual damages for failure to
353	settle under an insurance contract provided for pursuant to any
354	other statute or pursuant to the common law of this state. Any
355	person may obtain a judgment under either the common-law remedy
356	of bad faith or this statutory remedy, but shall not be entitled
357	to a judgment under both remedies. This section shall not be
358	construed to create a common-law cause of action. The damages
359	recoverable pursuant to this section shall include, but not
360	exceed, those actual damages which are a reasonably foreseeable
361	result of a specified violation of this section by the
362	authorized insurer and may include an award or judgment in an
363	amount that exceeds the policy limits. The rendition of a
364	judgment against a liability insured shall not raise any
365	presumption or inference that the violation will foreseeably
366	result in actual damages, except to the extent it is proven that
367	the insured has or is reasonably expected to have assets from
368	which such judgment is expected to be paid. The satisfaction of
369	a judgment rendered against an insurer pursuant to this
370	subsection shall operate as the satisfaction of the underlying
371	judgment against the insured.
372	(9)  In all actions against an insurer relating to failure
373	to settle claims for liability insurance coverage, the burden of
374	proof shall be clear and convincing evidence of an unreasonable
375	refusal to settle.
376	(a)  An insurer shall not be held liable for failure to pay
377	its policy limits if the insurer tenders its policy limits by
378	the earlier of:
379	1.  The 210th day after service of the complaint in the
380	negligence action upon the insured. The time period specified in
381	this subparagraph shall be extended by an additional 60 days if
382	the court finds in the action for a violation of this section
383	that, at any time during such period and after the 150th day
384	after service of the complaint in the underlying liability
385	action, the claimant provided new information not previously
386	provided to the insurer relating to the identity or testimony of
387	any material witnesses or the identity of any additional
388	claimants or defendants if such disclosure materially alters the
389	risk to the insured of an excess judgment; or
390	2.  The 60th day after the conclusion of all of the
391	following:
392	a.  Depositions of all claimants named in the complaint or
393	amended complaint.
394	b.  Depositions of all defendants named in the complaint or
395	amended complaint, including, in the case of a corporate
396	defendant, deposition of a designated representative.
397	c.  Depositions of all of the claimants' expert witnesses.
398	d.  The initial disclosure of witnesses and production of
399	documents.
400
401	When there are multiple claimants seeking compensation from the
402	same insured or multiple insureds or when there is a single
403	claimant seeking compensation from multiple insureds for damages
404	arising from the same occurrence, which compensation in the
405	aggregate exceeds policy limits, the insurer of the insured or
406	insureds shall not be held liable for extra-contractual damages
407	for failure to pay its policy limits if the insurer makes a
408	written offer of its policy limits within the time frame set
409	forth in this subsection to all known potential claimants in
410	exchange for releases of all claims against all insureds or
411	tenders such limits to the court for apportionment to the
412	claimants.
413	(b)  Either party may request that the court enter an order
414	finding that the other party has unnecessarily or
415	inappropriately delayed any of the events specified in
416	subparagraph (a)2. If the court finds that the claimant was
417	responsible for such unnecessary or inappropriate delay,
418	subparagraph (a)1. shall not apply to the insurer's tendering of
419	policy limits. If the court finds that the defendant or insurer
420	was responsible for such unnecessary or inappropriate delay,
421	subparagraph (a)2. shall not apply to the insurer's tendering of
422	policy limits.
423	(c)  If any party to an action alleging liability for acts
424	covered by liability insurance amends its witness list after
425	service of the complaint in such action, that party shall
426	provide a copy of the amended witness list to the insurer of the
427	defendant.
428	(d)  The time limits specified in this subsection shall not
429	be admissible as evidence that the insurer acted in violation of
430	this section.
431	(10)  When an insurer does not tender its policy limits to
432	settle a liability insurance claim under subsection (9), the
433	trier of fact, in determining whether an insurer has acted in
434	violation of this section, shall consider only:
435	(a)  The insurer's willingness to negotiate with the
436	claimant in anticipation of settlement.
437	(b)  The propriety of the insurer's methods of
438	investigating and evaluating the claim.
439	(c)  Whether the insurer timely informed the insured of an
440	offer to settle within the limits of coverage, the right to
441	retain personal counsel, and the risk of litigation.
442	(d)  Whether the insured denied liability or requested that
443	the case be defended after the insurer fully advised the insured
444	as to the facts and risks.
445	(e)  Whether the claimant imposed any condition, other than
446	the tender of the policy limits, on the settlement of the claim.
447	(f)  Whether the claimant provided all relevant information
448	to the insurer on a timely basis.
449	(g)  Whether and when other defendants in the case settled
450	or were dismissed from the case.
451	(h)  Whether there were multiple claimants seeking, in the
452	aggregate, compensation in excess of policy limits from the
453	defendant or the defendant's insurer.
454	(i)  Whether the insured or claimant misrepresented
455	material facts to the insurer or made material omissions of fact
456	to the insurer.
457	(j)  Other matters that constitute defenses or limitations
458	to actions or damages that are specified in this section.
459	(11)  An insurer that tenders policy limits shall be
460	entitled to a release of its insured if the claimant accepts the
461	tender.
462	(12)  Nothing in this section shall be construed to
463	prohibit an insured from assigning the cause of action to an
464	injured third-party claimant for the insurer's failure to act
465	fairly and honestly towards its insured and with due regard for
466	the insured's interest.
467	Section 4.  Section 768.0710, Florida Statutes, is amended
468	to read:
469	768.0710  Burden of proof in claims of negligence involving
470	transitory foreign objects or substances against persons or
471	entities in possession or control of business Premises liability
472	for commercial establishments.--
473	(1)  When a person slips and falls on a transitory foreign
474	substance in a retail establishment, the injured person must
475	prove that the retail establishment had actual or constructive
476	knowledge of the dangerous condition such that the condition
477	existed for such a length of time that, in the exercise of
478	ordinary care, the premises' owner should have known of the
479	condition and taken action to remedy the condition. Constructive
480	knowledge may be established by circumstantial evidence showing
481	that:
482	(a)  The dangerous condition existed for such a length of
483	time that, in the exercise of ordinary care, the premises owner
484	should have known of the condition; or
485	(b)  The condition occurred with regularity and was
486	therefore foreseeable. The person or entity in possession or
487	control of business premises owes a duty of reasonable care to
488	maintain the premises in a reasonably safe condition for the
489	safety of business invitees on the premises, which includes
490	reasonable efforts to keep the premises free from transitory
491	foreign objects or substances that might foreseeably give rise
492	to loss, injury, or damage.
493	(2)  Notwithstanding any provision of this section, any
494	person or entity in possession or control of a business premises
495	is not liable for any damages to a claimant if such loss,
496	injury, or damage to a business invitee is the result of the
497	intentional or criminal acts of a third party. In any civil
498	action for negligence involving loss, injury, or damage to a
499	business invitee as a result of a transitory foreign object or
500	substance on business premises, the claimant shall have the
501	burden of proving that:
502	(a)  The person or entity in possession or control of the
503	business premises owed a duty to the claimant;
504	(b)  The person or entity in possession or control of the
505	business premises acted negligently by failing to exercise
506	reasonable care in the maintenance, inspection, repair, warning,
507	or mode of operation of the business premises. Actual or
508	constructive notice of the transitory foreign object or
509	substance is not a required element of proof to this claim.
510	However, evidence of notice or lack of notice offered by any
511	party may be considered together with all of the evidence; and
512	(c)  The failure to exercise reasonable care was a legal
513	cause of the loss, injury, or damage.
514	Section 5.  Section 768.1254, Florida Statutes, is created
515	to read:
516	768.1254  Definitions.--As used in this section and ss.
517	768.1255 and 768.1256:
518	(1)  "Product liability action" means any civil claim or
519	action for harm caused by a product, regardless of the theory on
520	which the claim is based.
521	(2)  "Harm" means death; personal injury; physical damage
522	to property other than to the product itself; economic loss,
523	including the loss of earnings or other benefits related to
524	employment, medical expenses, lost support and services, funeral
525	and burial costs, loss of business or employment opportunities,
526	and medical monitoring, as permitted under applicable law; and
527	noneceonomic loss, including pain and suffering, mental anguish,
528	disfigurement, loss of capacity for the enjoyment of life,
529	emotional distress, loss of society and companionship, loss of
530	consortium, injury to reputation, humiliation, fear of future
531	injury, or increased risk of disease, as permitted under
532	applicable law. The term does not include direct, incidental, or
533	consequential pecuniary loss to, or resulting from damage to,
534	the product or nonphysical damage to property other than the
535	product.
536	(3)  "Manufacturer" means any person who, in the course of
537	a business conducted for that purpose, designs, makes,
538	constructs, formulates, produces, fabricates, assembles,
539	packages, or labels any product or component part of a product
540	or engages another to do so. The term does not include
541	independent product designers whose services are contracted for
542	by the manufacturer if such designers are not otherwise engaged
543	in the business of selling products.
544	(4)  "Person" means any individual, corporation, company,
545	association, firm, partnership, society, organization, joint
546	stock company, or any other entity.
547	(5)  "Product" means any tangible personal property
548	distributed commercially.
549	(6)  "Seller" means a person or entity, including a
550	retailer, distributor, wholesaler, or lessor, that is regularly
551	engaged in the selling or leasing of a product.
552	Section 6.  Section 768.1255, Florida Statutes, is created
553	to read:
554	768.1255  General rule; seller liable as a manufacturer.--
555	(1)  GENERAL RULE.--No product liability action may be
556	maintained or commenced against a product seller unless the
557	product seller:
558	(a)  Made an express warranty as to the product and the
559	failure of the product to conform to that warranty caused the
560	person's harm;
561	(b)  Produced, designed, designated, or provided the plans
562	or specifications for the manufacture or preparation of the
563	product;
564	(c)  Altered, modified, assembled, failed to maintain,
565	packaged, labeled, or installed the product in a manner that
566	caused the person's harm;
567	(d)  Violated a statutory or regulatory requirement when
568	the seller sold the product, including any violation of s.
569	768.125; or
570	(e)  Negligently entrusted or supplied the product for the
571	use of another whom the product seller knew or should have known
572	would be likely to use the product in a manner that posed an
573	unreasonable risk of physical harm to the user or others.
574	(2)  SELLER LIABLE AS A MANUFACTURER.--Notwithstanding
575	subsection (1), a product seller may be liable as a manufacturer
576	if:
577	(a)  The manufacturer has no identifiable agent, facility,
578	or other presence in the United States;
579	(b)  The manufacturer is not subject to service of process
580	in any state in which the action could have been brought and
581	service cannot be secured by a long-arm statute;
582	(c)  The manufacturer is otherwise immune from suit; or
583	(d)  The court determines that the person is or would be
584	unable to enforce a judgment against the manufacturer. For
585	purpose of this paragraph, the statute of limitations applicable
586	to a claim asserting the liability of a product seller is tolled
587	from the date of the filing of a complaint against the
588	manufacturer to the date that judgment is entered against the
589	manufacturer.
590	Section 7.  Subsections (2) and (3) of section 768.1256,
591	Florida Statutes, are amended to read:
592	768.1256  Government rules defense.--
593	(2)  In a product liability action as described in
594	subsection (1), there is a rebuttable presumption that the
595	product is defective or unreasonably dangerous and the
596	manufacturer or seller is liable if the manufacturer or seller
597	did not comply with the federal or state codes, statutes, rules,
598	regulations, or standards which:
599	(a)  Were relevant to the event causing the death or
600	injury;
601	(b)  Are designed to prevent the type of harm that
602	allegedly occurred; and
603	(c)  Require compliance as a condition for selling or
604	distributing the product.
605	(2)(3)  This section does not apply to an action brought
606	for harm allegedly caused by a drug that is ordered off the
607	market or seized by the Federal Food and Drug Administration.
608	Section 8.  Section 768.1382, Florida Statutes, is created
609	to read:
610	768.1382  Street lights and other similar illumination;
611	limitation on liability.--Neither the state, any of the state's
612	officers, agencies, or instrumentalities, any political
613	subdivision, as defined in s. 1.01, nor any electric utility, as
614	defined in s. 366.02(2), that provides or operates or maintains
615	street lights, security lights, or other similar illumination
616	shall be held liable for any civil damages for injury or death
617	affected or caused by the adequacy or failure of illumination of
618	such lights, regardless of whether the adequacy or failure of
619	illumination is alleged or demonstrated to have contributed in
620	any manner to the injury or death, unless such liability was
621	expressly assumed by written contract. No such entity that
622	provides, operates, or maintains a manner of illumination as
623	described in this section owes a duty to the public to provide,
624	operate, or maintain the illumination in any manner, except that
625	such a duty may be expressly assumed by written contract. In any
626	civil action for damages arising out of personal injury or
627	wrongful death when an entity's fault regarding the maintenance
628	of street lights is at issue, if the entity responsible for
629	maintaining the street lights is not a party to the litigation,
630	the entity shall not be deemed or found in such action to be in
631	any way at fault or responsible for the injury or death that
632	gave rise to the damages.
633	Section 9.  Paragraph (d) is added to subsection (9) of
634	section 768.28, Florida Statutes, to read:
635	768.28  Waiver of sovereign immunity in tort actions;
636	recovery limits; limitation on attorney fees; statute of
637	limitations; exclusions; indemnification; risk management
638	programs.--
639	(9)
640	(d)  No sheriff or law enforcement officer as defined in s.
641	943.10(1), employed by any county, municipality, state agency,
642	or any political subdivision of the state, or the employing
643	agency as defined in s. 943.10(4), shall be held liable for any
644	civil damages for injury or death effected or caused by a person
645	fleeing from a sheriff or law enforcement officer when the
646	pursuit of that person is conducted in a manner that did not
647	involve willful or wanton disregard for the safety of persons or
648	property on the part of the sheriff or law enforcement officer
649	and the person fleeing is reasonably believed to have committed
650	a felony violation of the laws of this state.
651	Section 10.  Subsection (1) of section 768.76, Florida
652	Statutes, is amended to read:
653	768.76  Collateral sources of indemnity.--
654	(1)  In any action to which this part applies in which
655	liability is admitted or is determined by the trier of fact and
656	in which damages are awarded to compensate the claimant for
657	losses sustained, the jury shall be informed of the total of all
658	amounts which have been paid for the benefit of claimant or
659	which are otherwise available to the claimant from all
660	collateral sources, and the court shall reduce the amount of
661	such award by the total of all amounts which have been paid for
662	the benefit of the claimant, or which are otherwise available to
663	the claimant, from all collateral sources; however, there shall
664	be no reduction for collateral sources for which a subrogation
665	or reimbursement right exists. Such reduction shall be offset to
666	the extent of any amount which has been paid, contributed, or
667	forfeited by, or on behalf of, the claimant or members of the
668	claimant's immediate family to secure her or his right to any
669	collateral source benefit which the claimant is receiving as a
670	result of her or his injury.
671	Section 11.  Subsection (9) is added to section 768.79,
672	Florida Statutes, to read:
673	768.79  Offer of judgment and demand for judgment.--
674	(9)  Nothing in this section restricts the ability of
675	parties to enter into any settlement agreements or release
676	agreements discharging liability in exchange for an amount of
677	consideration agreed to by the parties. If the parties reach
678	such agreement without the assistance of their respective
679	attorneys, an attorney fee shall be payable to the plaintiff's
680	attorney for an amount not to exceed 25 percent of the agreed-
681	upon consideration for the settlement and release, regardless of
682	any other contractual arrangement for attorney fees that may
683	exist.
684	Section 12.  Subsections (3) and (4) of section 768.81,
685	Florida Statutes, are amended to read:
686	768.81  Comparative fault.--
687	(3)  APPORTIONMENT OF DAMAGES.--In cases to which this
688	section applies, the court shall enter judgment against each
689	party liable on the basis of such party's percentage of fault
690	and not on the basis of the doctrine of joint and several
691	liability., except as provided in paragraphs (a), (b), and (c):
692	(a)  Where a plaintiff is found to be at fault, the
693	following shall apply:
694	1.  Any defendant found 10 percent or less at fault shall
695	not be subject to joint and several liability.
696	2.  For any defendant found more than 10 percent but less
697	than 25 percent at fault, joint and several liability shall not
698	apply to that portion of economic damages in excess of $200,000.
699	3.  For any defendant found at least 25 percent but not
700	more than 50 percent at fault, joint and several liability shall
701	not apply to that portion of economic damages in excess of
702	$500,000.
703	4.  For any defendant found more than 50 percent at fault,
704	joint and several liability shall not apply to that portion of
705	economic damages in excess of $1 million.
706
707	For any defendant under subparagraph 2., subparagraph 3., or
708	subparagraph 4., the amount of economic damages calculated under
709	joint and several liability shall be in addition to the amount
710	of economic and noneconomic damages already apportioned to that
711	defendant based on that defendant's percentage of fault.
712	(b)  Where a plaintiff is found to be without fault, the
713	following shall apply:
714	1.  Any defendant found less than 10 percent at fault shall
715	not be subject to joint and several liability.
716	2.  For any defendant found at least 10 percent but less
717	than 25 percent at fault, joint and several liability shall not
718	apply to that portion of economic damages in excess of $500,000.
719	3.  For any defendant found at least 25 percent but not
720	more than 50 percent at fault, joint and several liability shall
721	not apply to that portion of economic damages in excess of $1
722	million.
723	4.  For any defendant found more than 50 percent at fault,
724	joint and several liability shall not apply to that portion of
725	economic damages in excess of $2 million.
726
727	For any defendant under subparagraph 2., subparagraph 3., or
728	subparagraph 4., the amount of economic damages calculated under
729	joint and several liability shall be in addition to the amount
730	of economic and noneconomic damages already apportioned to that
731	defendant based on that defendant's percentage of fault.
732	(c)  With respect to any defendant whose percentage of
733	fault is less than the fault of a particular plaintiff, the
734	doctrine of joint and several liability shall not apply to any
735	damages imposed against the defendant.
736	(a)(d)  In order to allocate any or all fault to a
737	nonparty, a defendant must affirmatively plead the fault of a
738	nonparty and, absent a showing of good cause, identify the
739	nonparty, if known, or describe the nonparty as specifically as
740	practicable, either by motion or in the initial responsive
741	pleading when defenses are first presented, subject to amendment
742	any time before trial in accordance with the Florida Rules of
743	Civil Procedure.
744	(b)(e)  In order to allocate any or all fault to a nonparty
745	and include the named or unnamed nonparty on the verdict form
746	for purposes of apportioning damages, a defendant must prove at
747	trial, by a preponderance of the evidence, the fault of the
748	nonparty in causing the plaintiff's injuries.
749	(4)  APPLICABILITY.--
750	(a)  This section applies to negligence cases. For purposes
751	of this section, "negligence cases" includes, but is not limited
752	to, civil actions for damages based upon theories of negligence,
753	strict liability, products liability, professional malpractice
754	whether couched in terms of contract or tort, or breach of
755	warranty and like theories, including actions for negligence
756	against any defendant for failure to prevent commission of an
757	intentional tort by another. In determining whether a case falls
758	within the term "negligence cases," the court shall look to the
759	substance of the action and not the conclusory terms used by the
760	parties.
761	(b)  This section does not apply to any action brought by
762	any person to recover actual economic damages resulting from
763	pollution, to any action in which an intentional tortfeasor is
764	sued and seeks to apportion fault to a negligent tortfeasor
765	based upon an intentional tort, or to any cause of action as to
766	which application of the doctrine of joint and several liability
767	is specifically provided by chapter 403, chapter 498, chapter
768	517, chapter 542, or chapter 895.
769	Section 13.  If any provision of this act or its
770	application to any person or circumstance is held invalid, the
771	invalidity does not affect other provisions or applications of
772	this act which can be given effect without the invalid provision
773	or application, and, to this end, the provisions of this act are
774	declared severable.
775	Section 14.  This act shall take effect upon becoming a law
776	and shall apply to causes of action that accrue on or after the
777	effective date.

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