Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. HB 145
                        Barcode 351230
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: WD/2R            .                    
       03/29/2006 01:38 PM         .                    
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11  Senator Aronberg moved the following amendment to substitute
12  amendment (501164):
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14         Senate Amendment (with title amendment) 
15         On page 1, line 21, through
16            page 3, line 25, delete those lines
17  
18  and insert:  
19         (3)  APPORTIONMENT OF DAMAGES.--In cases to which this
20  section applies, the trier of fact shall apportion the total
21  fault for the plaintiff's damages among the plaintiff, the
22  defendants to that action, and any released persons who have
23  settled with the plaintiff, and the court shall enter judgment
24  against each party liable on the basis of such party's
25  percentage of fault and not on the basis of the doctrine of
26  joint and several liability. A defendant in the action has a
27  right to join a person who may be amenable to judgment to the
28  plaintiff in that action, notwithstanding any applicable
29  statutes of limitations, within 120 days after service of the
30  complaint on that defendant. The person so joined is
31  thereafter a defendant to the action and, if fault is
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Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 145 Barcode 351230 1 apportioned to the joined person, the joined person shall be 2 adjudged legally liable to the plaintiff for its share of the 3 damages. All presuit requirements and any tolling provisions 4 set forth therein are applicable to any defendant choosing to 5 join a person to the action. Notwithstanding any other 6 provision of law, there shall be no setoffs in actions to 7 which this section applies., except as provided in paragraphs 8 (a), (b), and (c): 9 (a) Where a plaintiff is found to be at fault, the 10 following shall apply: 11 1. Any defendant found 10 percent or less at fault 12 shall not be subject to joint and several liability. 13 2. For any defendant found more than 10 percent but 14 less than 25 percent at fault, joint and several liability 15 shall not apply to that portion of economic damages in excess 16 of $200,000. 17 3. For any defendant found at least 25 percent but not 18 more than 50 percent at fault, joint and several liability 19 shall not apply to that portion of economic damages in excess 20 of $500,000. 21 4. For any defendant found more than 50 percent at 22 fault, joint and several liability shall not apply to that 23 portion of economic damages in excess of $1 million. 24 25 For any defendant under subparagraph 2., subparagraph 3., or 26 subparagraph 4., the amount of economic damages calculated 27 under joint and several liability shall be in addition to the 28 amount of economic and noneconomic damages already apportioned 29 to that defendant based on that defendant's percentage of 30 fault. 31 (b) Where a plaintiff is found to be without fault, 2 9:55 AM 03/29/06 h014500c-27-10s
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 145 Barcode 351230 1 the following shall apply: 2 1. Any defendant found less than 10 percent at fault 3 shall not be subject to joint and several liability. 4 2. For any defendant found at least 10 percent but 5 less than 25 percent at fault, joint and several liability 6 shall not apply to that portion of economic damages in excess 7 of $500,000. 8 3. For any defendant found at least 25 percent but not 9 more than 50 percent at fault, joint and several liability 10 shall not apply to that portion of economic damages in excess 11 of $1 million. 12 4. For any defendant found more than 50 percent at 13 fault, joint and several liability shall not apply to that 14 portion of economic damages in excess of $2 million. 15 16 For any defendant under subparagraph 2., subparagraph 3., or 17 subparagraph 4., the amount of economic damages calculated 18 under joint and several liability shall be in addition to the 19 amount of economic and noneconomic damages already apportioned 20 to that defendant based on that defendant's percentage of 21 fault. 22 (c) With respect to any defendant whose percentage of 23 fault is less than the fault of a particular plaintiff, the 24 doctrine of joint and several liability shall not apply to any 25 damages imposed against the defendant. 26 (d) In order to allocate any or all fault to a 27 nonparty, a defendant must affirmatively plead the fault of a 28 nonparty and, absent a showing of good cause, identify the 29 nonparty, if known, or describe the nonparty as specifically 30 as practicable, either by motion or in the initial responsive 31 pleading when defenses are first presented, subject to 3 9:55 AM 03/29/06 h014500c-27-10s
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 145 Barcode 351230 1 amendment any time before trial in accordance with the Florida 2 Rules of Civil Procedure. 3 (e) In order to allocate any or all fault to a 4 nonparty and include the named or unnamed nonparty on the 5 verdict form for purposes of apportioning damages, a defendant 6 must prove at trial, by a preponderance of the evidence, the 7 fault of the nonparty in causing the plaintiff's injuries. 8 9 10 ================ T I T L E A M E N D M E N T =============== 11 And the title is amended as follows: 12 Delete everything before the enacting clause 13 14 and insert: 15 A bill to be entitled 16 An act relating to apportionment of damages in 17 civil actions; amending s. 768.81, F.S.; 18 providing for apportionment of fault; providing 19 for joinder of parties; deleting exceptions to 20 a requirement for liability based on percentage 21 of fault instead of joint and several 22 liability; providing applicability; providing 23 an effective date. 24 25 26 27 28 29 30 31 4 9:55 AM 03/29/06 h014500c-27-10s