Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for SB 2566
                        Barcode 660092
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                  3/F/2R         .                    
       05/05/2005 07:20 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Webster moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 2, line 17, through page 5, line 28, delete
15  those lines
16  
17  and insert:  
18         Section 2.  Subsection (4) of section 768.81, Florida
19  Statutes, is amended to read:
20         768.81  Comparative fault.--
21         (4)  APPLICABILITY.--
22         (a)  This section applies to negligence cases. For
23  purposes of this section, the term "negligence cases"
24  includes, but is not limited to, civil actions for damages
25  based upon theories of negligence, including negligent
26  security resulting in the commission of an intentional tort or
27  criminal act; strict liability;, products liability;,
28  professional malpractice whether couched in terms of contract
29  or tort;, or breach of warranty and like theories. In
30  determining whether a case falls within the term "negligence
31  cases," the court shall look to the substance of the action
                                  1
    4:26 PM   05/05/05                              s2566.09ju.0p1

Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2566 Barcode 660092 1 and not the conclusory terms used by the parties. 2 (b) This section does not apply to any action brought 3 by any person to recover actual economic damages resulting 4 from pollution, to any action in which an intentional 5 tortfeasor seeks to apportion fault to a negligent tortfeasor 6 based upon an intentional tort, or to any cause of action as 7 to which application of the doctrine of joint and several 8 liability is specifically provided by chapter 403, chapter 9 498, chapter 517, chapter 542, or chapter 895. 10 Section 3. Section 768.0710, Florida Statutes, is 11 repealed. 12 Section 4. For the purpose of incorporating the 13 amendment to section 768.81, Florida Statutes, in a reference 14 thereto, section 25.077, Florida Statutes, is reenacted to 15 read: 16 25.077 Negligence case settlements and jury verdicts; 17 case reporting.--Through the state's uniform case reporting 18 system, the clerk of court shall report to the Office of the 19 State Courts Administrator, beginning in 2003, information 20 from each settlement or jury verdict and final judgment in 21 negligence cases as defined in s. 768.81(4), as the President 22 of the Senate and the Speaker of the House of Representatives 23 deem necessary from time to time. The information shall 24 include, but need not be limited to: the name of each 25 plaintiff and defendant; the verdict; the percentage of fault 26 of each; the amount of economic damages and noneconomic 27 damages awarded to each plaintiff, identifying those damages 28 that are to be paid jointly and severally and by which 29 defendants; and the amount of any punitive damages to be paid 30 by each defendant. 31 2 4:26 PM 05/05/05 s2566.09ju.0p1
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2566 Barcode 660092 1 (Redesignate subsequent sections) 2 3 4 ================ T I T L E A M E N D M E N T =============== 5 And the title is amended as follows: 6 On page 1, lines 12-25, delete those lines 7 8 and insert: 9 circumstantial evidence; amending s. 768.81, F.S.; 10 redefining the term "negligence cases" as it relates to 11 comparative fault to include claims for negligent security in 12 which the defendant is sued for failing to prevent the 13 commission of an intentional tort; providing that the 14 apportionment of damages does not apply to any action in which 15 an intentional tortfeasor is sued and seeks to apportion fault 16 to a negligent tortfeasor; repealing s. 768.0710, F.S., 17 relating to the duty to maintain premises in a reasonably safe 18 condition for the safety of business invitees; reenacting s. 19 25.077, F.S., relating to the duty of the clerk of court to 20 report certain information concerning negligence cases, to 21 incorporate the amendment made to s. 768.81, F.S., in a 22 reference thereto; 23 24 25 26 27 28 29 30 31 3 4:26 PM 05/05/05 s2566.09ju.0p1