HB 1513

1	A bill to be entitled
2	An act relating to civil justice reform; amending s.
3	47.051, F.S.; revising procedures for bringing actions
4	against corporations; providing a definition; creating s.
5	768.1259, F.S.; defining the term "seller"; prohibiting
6	commencing or maintaining a civil claim or action against
7	a seller under certain circumstances; specifying criteria
8	for actions for product liability of a seller; amending s.
9	768.81, F.S.; deleting exceptions to a requirement for
10	liability based on percentage of fault instead of joint
11	and several liability; providing applicability; providing
12	an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Section 47.051, Florida Statutes, is amended to
17	read:
18	47.051  Actions against corporations.--Actions against
19	domestic corporations shall be brought only in the county where
20	such corporation has its principal office as defined in s.
21	607.01401(20), or usually keeps, an office for transaction of
22	its customary business, where the cause of action accrued, or
23	where the property in litigation is located. Actions against
24	foreign corporations doing business in this state shall be
25	brought in the county in which its registered agent for service
26	of process resides a county where such corporation has an agent
27	or other representative, where the cause of action accrued, or
28	where the property in litigation is located.
29	Section 2.  Section 768.1259, Florida Statutes, is created
30	to read:
31	768.1259  Protection from liability for sellers.--
32	(1)  As used in this section, the term "seller" means a
33	person who sells a product as a retailer, distributor, or
34	wholesaler or who otherwise transfers a product to another for
35	compensation.
36	(2)  A person may not commence or maintain a civil claim or
37	action against the seller of a product based on a claim that the
38	product contained a defect which proximately caused injury to
39	that person unless the seller:
40	(a)  Manufactured, produced, or designed the product;
41	(b)  Altered, modified, assembled, or failed to maintain
42	the product in a manner that caused harm to the claimant;
43	(c)  Had actual knowledge of a manufacturing defect which
44	proximately caused the person's harm; or
45	(d)  Knew, or, in the exercise of reasonable care, should
46	have known, that the product was recalled prior to sale and the
47	defect identified in the recall proximately cause the injury
48	complained of.
49	(3)  Notwithstanding subsection (2), the seller of a
50	product is subject to an action for product liability if the
51	manufacturer of the product is not subject to personal
52	jurisdiction in this state or if the manufacturer is insolvent.
53	Section 3.  Subsection (3) of section 768.81, Florida
54	Statutes, is amended to read:
55	768.81  Comparative fault.--
56	(3)  APPORTIONMENT OF DAMAGES.--In cases to which this
57	section applies, the court shall enter judgment against each
58	party liable on the basis of such party's percentage of fault
59	and not on the basis of the doctrine of joint and several
60	liability., except as provided in paragraphs (a), (b), and (c):
61	(a)  Where a plaintiff is found to be at fault, the
62	following shall apply:
63	1.  Any defendant found 10 percent or less at fault shall
64	not be subject to joint and several liability.
65	2.  For any defendant found more than 10 percent but less
66	than 25 percent at fault, joint and several liability shall not
67	apply to that portion of economic damages in excess of $200,000.
68	3.  For any defendant found at least 25 percent but not
69	more than 50 percent at fault, joint and several liability shall
70	not apply to that portion of economic damages in excess of
71	$500,000.
72	4.  For any defendant found more than 50 percent at fault,
73	joint and several liability shall not apply to that portion of
74	economic damages in excess of $1 million.
75
76	For any defendant under subparagraph 2., subparagraph 3., or
77	subparagraph 4., the amount of economic damages calculated under
78	joint and several liability shall be in addition to the amount
79	of economic and noneconomic damages already apportioned to that
80	defendant based on that defendant's percentage of fault.
81	(b)  Where a plaintiff is found to be without fault, the
82	following shall apply:
83	1.  Any defendant found less than 10 percent at fault shall
84	not be subject to joint and several liability.
85	2.  For any defendant found at least 10 percent but less
86	than 25 percent at fault, joint and several liability shall not
87	apply to that portion of economic damages in excess of $500,000.
88	3.  For any defendant found at least 25 percent but not
89	more than 50 percent at fault, joint and several liability shall
90	not apply to that portion of economic damages in excess of $1
91	million.
92	4.  For any defendant found more than 50 percent at fault,
93	joint and several liability shall not apply to that portion of
94	economic damages in excess of $2 million.
95
96	For any defendant under subparagraph 2., subparagraph 3., or
97	subparagraph 4., the amount of economic damages calculated under
98	joint and several liability shall be in addition to the amount
99	of economic and noneconomic damages already apportioned to that
100	defendant based on that defendant's percentage of fault.
101	(c)  With respect to any defendant whose percentage of
102	fault is less than the fault of a particular plaintiff, the
103	doctrine of joint and several liability shall not apply to any
104	damages imposed against the defendant.
105	(a)(d)  In order to allocate any or all fault to a
106	nonparty, a defendant must affirmatively plead the fault of a
107	nonparty and, absent a showing of good cause, identify the
108	nonparty, if known, or describe the nonparty as specifically as
109	practicable, either by motion or in the initial responsive
110	pleading when defenses are first presented, subject to amendment
111	any time before trial in accordance with the Florida Rules of
112	Civil Procedure.
113	(b)(e)  In order to allocate any or all fault to a nonparty
114	and include the named or unnamed nonparty on the verdict form
115	for purposes of apportioning damages, a defendant must prove at
116	trial, by a preponderance of the evidence, the fault of the
117	nonparty in causing the plaintiff's injuries.
118	Section 4.  This act shall take effect upon becoming a law
119	and shall apply to causes of action that accrue on or after the
120	effective date.

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