Amendment
Bill No. 0145
Amendment No. 675459
CHAMBER ACTION
Senate House
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1Representatives Seiler and Joyner offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 13-74 and insert:
5     (3)  APPORTIONMENT OF DAMAGES.--In cases to which this
6section applies, the trier of fact shall apportion the total
7fault for the occurrence giving rise to the legal proceeding
8among the claimant and those parties to the action who may be
9held legally liable and the court shall enter judgment against
10each party liable on the basis of such party's percentage of
11fault and not on the basis of the doctrine of joint and several
12liability., except as provided in paragraphs (a), (b), and (c):
13     (a)  Where a plaintiff is found to be at fault, the
14following shall apply:
15     1.  Any defendant found 10 percent or less at fault shall
16not be subject to joint and several liability.
17     2.  For any defendant found more than 10 percent but less
18than 25 percent at fault, joint and several liability shall not
19apply to that portion of economic damages in excess of $200,000.
20     3.  For any defendant found at least 25 percent but not
21more than 50 percent at fault, joint and several liability shall
22not 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,
25joint and several liability shall not apply to that portion of
26economic damages in excess of $1 million.
27
28For any defendant under subparagraph 2., subparagraph 3., or
29subparagraph 4., the amount of economic damages calculated under
30joint and several liability shall be in addition to the amount
31of economic and noneconomic damages already apportioned to that
32defendant based on that defendant's percentage of fault.
33     (b)  Where a plaintiff is found to be without fault, the
34following shall apply:
35     1.  Any defendant found less than 10 percent at fault shall
36not be subject to joint and several liability.
37     2.  For any defendant found at least 10 percent but less
38than 25 percent at fault, joint and several liability shall not
39apply to that portion of economic damages in excess of $500,000.
40     3.  For any defendant found at least 25 percent but not
41more than 50 percent at fault, joint and several liability shall
42not apply to that portion of economic damages in excess of $1
43million.
44     4.  For any defendant found more than 50 percent at fault,
45joint and several liability shall not apply to that portion of
46economic damages in excess of $2 million.
47
48For any defendant under subparagraph 2., subparagraph 3., or
49subparagraph 4., the amount of economic damages calculated under
50joint and several liability shall be in addition to the amount
51of economic and noneconomic damages already apportioned to that
52defendant based on that defendant's percentage of fault.
53     (c)  With respect to any defendant whose percentage of
54fault is less than the fault of a particular plaintiff, the
55doctrine of joint and several liability shall not apply to any
56damages imposed against the defendant.
57     (d)  In order to allocate any or all fault to a nonparty, a
58defendant must affirmatively plead the fault of a nonparty and,
59absent a showing of good cause, identify the nonparty, if known,
60or describe the nonparty as specifically as practicable, either
61by motion or in the initial responsive pleading when defenses
62are first presented, subject to amendment any time before trial
63in accordance with the Florida Rules of Civil Procedure.
64     (e)  In order to allocate any or all fault to a nonparty
65and include the named or unnamed nonparty on the verdict form
66for purposes of apportioning damages, a defendant must prove at
67trial, by a preponderance of the evidence, the fault of the
68nonparty in causing the plaintiff's injuries.
69
70
71======= T I T L E  A M E N D M E N T =======
72     Remove lines 3-5 and insert:
73actions; amending s. 768.81, F.S.; providing for apportionment
74of fault; deleting exceptions to a requirement for liability
75based on percentage of fault instead of joint and several
76liability; deleting requirements relating to allocation of
77fault to a nonparty; providing


CODING: Words stricken are deletions; words underlined are additions.