| 1 | Representatives Seiler and Joyner offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 13-74 and insert: |
| 5 | (3) APPORTIONMENT OF DAMAGES.--In cases to which this |
| 6 | section applies, the trier of fact shall apportion the total |
| 7 | fault for the occurrence giving rise to the legal proceeding |
| 8 | among the claimant and those parties to the action who may be |
| 9 | held legally liable and the court shall enter judgment against |
| 10 | each party liable on the basis of such party's percentage of |
| 11 | fault and not on the basis of the doctrine of joint and several |
| 12 | liability., except as provided in paragraphs (a), (b), and (c): |
| 13 | (a) Where a plaintiff is found to be at fault, the |
| 14 | following shall apply: |
| 15 | 1. Any defendant found 10 percent or less at fault shall |
| 16 | not be subject to joint and several liability. |
| 17 | 2. For any defendant found more than 10 percent but less |
| 18 | than 25 percent at fault, joint and several liability shall not |
| 19 | apply to that portion of economic damages in excess of $200,000. |
| 20 | 3. For any defendant found at least 25 percent but not |
| 21 | more than 50 percent at fault, joint and several liability shall |
| 22 | not apply to that portion of economic damages in excess of |
| 23 | $500,000. |
| 24 | 4. For any defendant found more than 50 percent at fault, |
| 25 | joint and several liability shall not apply to that portion of |
| 26 | economic damages in excess of $1 million. |
| 27 |
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| 28 | For any defendant under subparagraph 2., subparagraph 3., or |
| 29 | subparagraph 4., the amount of economic damages calculated under |
| 30 | joint and several liability shall be in addition to the amount |
| 31 | of economic and noneconomic damages already apportioned to that |
| 32 | defendant based on that defendant's percentage of fault. |
| 33 | (b) Where a plaintiff is found to be without fault, the |
| 34 | following shall apply: |
| 35 | 1. Any defendant found less than 10 percent at fault shall |
| 36 | not be subject to joint and several liability. |
| 37 | 2. For any defendant found at least 10 percent but less |
| 38 | than 25 percent at fault, joint and several liability shall not |
| 39 | apply to that portion of economic damages in excess of $500,000. |
| 40 | 3. For any defendant found at least 25 percent but not |
| 41 | more than 50 percent at fault, joint and several liability shall |
| 42 | not apply to that portion of economic damages in excess of $1 |
| 43 | million. |
| 44 | 4. For any defendant found more than 50 percent at fault, |
| 45 | joint and several liability shall not apply to that portion of |
| 46 | economic damages in excess of $2 million. |
| 47 |
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| 48 | For any defendant under subparagraph 2., subparagraph 3., or |
| 49 | subparagraph 4., the amount of economic damages calculated under |
| 50 | joint and several liability shall be in addition to the amount |
| 51 | of economic and noneconomic damages already apportioned to that |
| 52 | defendant based on that defendant's percentage of fault. |
| 53 | (c) With respect to any defendant whose percentage of |
| 54 | fault is less than the fault of a particular plaintiff, the |
| 55 | doctrine of joint and several liability shall not apply to any |
| 56 | damages imposed against the defendant. |
| 57 | (d) In order to allocate any or all fault to a nonparty, a |
| 58 | defendant must affirmatively plead the fault of a nonparty and, |
| 59 | absent a showing of good cause, identify the nonparty, if known, |
| 60 | or describe the nonparty as specifically as practicable, either |
| 61 | by motion or in the initial responsive pleading when defenses |
| 62 | are first presented, subject to amendment any time before trial |
| 63 | in accordance with the Florida Rules of Civil Procedure. |
| 64 | (e) In order to allocate any or all fault to a nonparty |
| 65 | and include the named or unnamed nonparty on the verdict form |
| 66 | for purposes of apportioning damages, a defendant must prove at |
| 67 | trial, by a preponderance of the evidence, the fault of the |
| 68 | nonparty in causing the plaintiff's injuries. |
| 69 |
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| 70 |
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| 71 | ======= T I T L E A M E N D M E N T ======= |
| 72 | Remove lines 3-5 and insert: |
| 73 | actions; amending s. 768.81, F.S.; providing for apportionment |
| 74 | of fault; deleting exceptions to a requirement for liability |
| 75 | based on percentage of fault instead of joint and several |
| 76 | liability; deleting requirements relating to allocation of |
| 77 | fault to a nonparty; providing |