Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 2568
Barcode 504656
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 page 4, between lines 11 and 12,
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16 insert:
17 Section 2. Subsection (3) of section 768.81, Florida
18 Statutes, is amended to read:
19 768.81 Comparative fault.--
20 (3) APPORTIONMENT OF DAMAGES.--In cases to which this
21 section applies, the court shall enter judgment against each
22 party liable on the basis of such party's percentage of fault
23 and not on the basis of the doctrine of joint and several
24 liability. Notwithstanding any other provision of law to the
25 contrary, fault shall not be allocated to a nonparty to the
26 action, and no nonparty to the action, whether named or
27 unnamed, shall be included on the verdict form for purposes of
28 apportioning damages., except as provided in paragraphs (a),
29 (b), and (c):
30 (a) Where a plaintiff is found to be at fault, the
31 following shall apply:
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 2568
Barcode 504656
1 1. Any defendant found 10 percent or less at fault
2 shall not be subject to joint and several liability.
3 2. For any defendant found more than 10 percent but
4 less than 25 percent at fault, joint and several liability
5 shall not apply to that portion of economic damages in excess
6 of $200,000.
7 3. For any defendant found at least 25 percent but not
8 more than 50 percent at fault, joint and several liability
9 shall not apply to that portion of economic damages in excess
10 of $500,000.
11 4. For any defendant found more than 50 percent at
12 fault, joint and several liability shall not apply to that
13 portion of economic damages in excess of $1 million.
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15 For any defendant under subparagraph 2., subparagraph 3., or
16 subparagraph 4., the amount of economic damages calculated
17 under joint and several liability shall be in addition to the
18 amount of economic and noneconomic damages already apportioned
19 to that defendant based on that defendant's percentage of
20 fault.
21 (b) Where a plaintiff is found to be without fault,
22 the following shall apply:
23 1. Any defendant found less than 10 percent at fault
24 shall not be subject to joint and several liability.
25 2. For any defendant found at least 10 percent but
26 less than 25 percent at fault, joint and several liability
27 shall not apply to that portion of economic damages in excess
28 of $500,000.
29 3. For any defendant found at least 25 percent but not
30 more than 50 percent at fault, joint and several liability
31 shall not apply to that portion of economic damages in excess
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 2568
Barcode 504656
1 of $1 million.
2 4. For any defendant found more than 50 percent at
3 fault, joint and several liability shall not apply to that
4 portion of economic damages in excess of $2 million.
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6 For any defendant under subparagraph 2., subparagraph 3., or
7 subparagraph 4., the amount of economic damages calculated
8 under joint and several liability shall be in addition to the
9 amount of economic and noneconomic damages already apportioned
10 to that defendant based on that defendant's percentage of
11 fault.
12 (c) With respect to any defendant whose percentage of
13 fault is less than the fault of a particular plaintiff, the
14 doctrine of joint and several liability shall not apply to any
15 damages imposed against the defendant.
16 (d) In order to allocate any or all fault to a
17 nonparty, a defendant must affirmatively plead the fault of a
18 nonparty and, absent a showing of good cause, identify the
19 nonparty, if known, or describe the nonparty as specifically
20 as practicable, either by motion or in the initial responsive
21 pleading when defenses are first presented, subject to
22 amendment any time before trial in accordance with the Florida
23 Rules of Civil Procedure.
24 (e) In order to allocate any or all fault to a
25 nonparty and include the named or unnamed nonparty on the
26 verdict form for purposes of apportioning damages, a defendant
27 must prove at trial, by a preponderance of the evidence, the
28 fault of the nonparty in causing the plaintiff's injuries.
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30 (Redesignate subsequent sections.)
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11:40 AM 05/04/05 s2568c1c-32-z6t
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 2568
Barcode 504656
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 1, line 14, after the semicolon,
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5 insert:
6 amending s. 768.81, F.S.; prohibiting
7 allocation of fault to a nonparty and inclusion
8 on jury verdict forms; deleting exceptions to a
9 requirement for liability based on percentage
10 of fault instead of joint and several
11 liability;
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