1 | Representatives Seiler and Joyner offered the following: |
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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. |
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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. |
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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 |