Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 145
Barcode 743632
CHAMBER ACTION
Senate House
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03/29/2006 01:38 PM .
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11 Senator Webster moved the following amendment to amendment
12 (704476):
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14 Senate Amendment (with title amendment)
15 On page 1, line 17, through page 11, line 27, delete
16 those lines
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18 and insert:
19 Section 1. Subsection (3) of section 768.81, Florida
20 Statutes, is amended to read:
21 768.81 Comparative fault.--
22 (3) APPORTIONMENT OF DAMAGES.--In cases to which this
23 section applies, the court shall enter judgment against each
24 party liable on the basis of such party's percentage of fault
25 and not on the basis of the doctrine of joint and several
26 liability., except as provided in paragraphs (a), (b), and
27 (c):
28 (a) Where a plaintiff is found to be at fault, the
29 following shall apply:
30 1. Any defendant found 10 percent or less at fault
31 shall not be subject to joint and several liability.
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 145
Barcode 743632
1 2. For any defendant found more than 10 percent but
2 less than 25 percent at fault, joint and several liability
3 shall not apply to that portion of economic damages in excess
4 of $200,000.
5 3. For any defendant found at least 25 percent but not
6 more than 50 percent at fault, joint and several liability
7 shall not apply to that portion of economic damages in excess
8 of $500,000.
9 4. For any defendant found more than 50 percent at
10 fault, joint and several liability shall not apply to that
11 portion of economic damages in excess of $1 million.
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13 For any defendant under subparagraph 2., subparagraph 3., or
14 subparagraph 4., the amount of economic damages calculated
15 under joint and several liability shall be in addition to the
16 amount of economic and noneconomic damages already apportioned
17 to that defendant based on that defendant's percentage of
18 fault.
19 (b) Where a plaintiff is found to be without fault,
20 the following shall apply:
21 1. Any defendant found less than 10 percent at fault
22 shall not be subject to joint and several liability.
23 2. For any defendant found at least 10 percent but
24 less than 25 percent at fault, joint and several liability
25 shall not apply to that portion of economic damages in excess
26 of $500,000.
27 3. For any defendant found at least 25 percent but not
28 more than 50 percent at fault, joint and several liability
29 shall not apply to that portion of economic damages in excess
30 of $1 million.
31 4. For any defendant found more than 50 percent at
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 145
Barcode 743632
1 fault, joint and several liability shall not apply to that
2 portion of economic damages in excess of $2 million.
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4 For any defendant under subparagraph 2., subparagraph 3., or
5 subparagraph 4., the amount of economic damages calculated
6 under joint and several liability shall be in addition to the
7 amount of economic and noneconomic damages already apportioned
8 to that defendant based on that defendant's percentage of
9 fault.
10 (c) With respect to any defendant whose percentage of
11 fault is less than the fault of a particular plaintiff, the
12 doctrine of joint and several liability shall not apply to any
13 damages imposed against the defendant.
14 (a)(d) In order to allocate any or all fault to a
15 nonparty, a defendant must affirmatively plead the fault of a
16 nonparty and, absent a showing of good cause, identify the
17 nonparty, if known, or describe the nonparty as specifically
18 as practicable, either by motion or in the initial responsive
19 pleading when defenses are first presented, subject to
20 amendment any time before trial in accordance with the Florida
21 Rules of Civil Procedure.
22 (b)(e) In order to allocate any or all fault to a
23 nonparty and include the named or unnamed nonparty on the
24 verdict form for purposes of apportioning damages, a defendant
25 must prove at trial, by a preponderance of the evidence, the
26 fault of the nonparty in causing the plaintiff's injuries.
27 Section 2. This act shall take effect upon becoming a
28 law and shall apply to causes of action that accrue on or
29 after the effective date.
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. HB 145
Barcode 743632
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 12, lines 4-22, delete those lines
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5 and insert:
6 A bill to be entitled
7 An act relating to apportionment of damages in
8 civil actions; amending s. 768.81, F.S.;
9 deleting exceptions to a requirement for
10 liability based on percentage of fault instead
11 of joint and several liability; providing
12 applicability; providing an effective date.
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