HB 145

1	A bill to be entitled
2	An act relating to apportionment of damages in civil
3	actions; amending s. 768.81, F.S.; deleting exceptions to
4	a requirement for liability based on percentage of fault
5	instead of joint and several liability; providing
6	applicability; providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1.  Subsection (3) of section 768.81, Florida
11	Statutes, is amended to read:
12	768.81  Comparative fault.--
13	(3)  APPORTIONMENT OF DAMAGES.--In cases to which this
14	section applies, the court shall enter judgment against each
15	party liable on the basis of such party's percentage of fault
16	and not on the basis of the doctrine of joint and several
17	liability., except as provided in paragraphs (a), (b), and (c):
18	(a)  Where a plaintiff is found to be at fault, the
19	following shall apply:
20	1.  Any defendant found 10 percent or less at fault shall
21	not be subject to joint and several liability.
22	2.  For any defendant found more than 10 percent but less
23	than 25 percent at fault, joint and several liability shall not
24	apply to that portion of economic damages in excess of $200,000.
25	3.  For any defendant found at least 25 percent but not
26	more than 50 percent at fault, joint and several liability shall
27	not apply to that portion of economic damages in excess of
28	$500,000.
29	4.  For any defendant found more than 50 percent at fault,
30	joint and several liability shall not apply to that portion of
31	economic damages in excess of $1 million.
32
33	For any defendant under subparagraph 2., subparagraph 3., or
34	subparagraph 4., the amount of economic damages calculated under
35	joint and several liability shall be in addition to the amount
36	of economic and noneconomic damages already apportioned to that
37	defendant based on that defendant's percentage of fault.
38	(b)  Where a plaintiff is found to be without fault, the
39	following shall apply:
40	1.  Any defendant found less than 10 percent at fault shall
41	not be subject to joint and several liability.
42	2.  For any defendant found at least 10 percent but less
43	than 25 percent at fault, joint and several liability shall not
44	apply to that portion of economic damages in excess of $500,000.
45	3.  For any defendant found at least 25 percent but not
46	more than 50 percent at fault, joint and several liability shall
47	not apply to that portion of economic damages in excess of $1
48	million.
49	4.  For any defendant found more than 50 percent at fault,
50	joint and several liability shall not apply to that portion of
51	economic damages in excess of $2 million.
52
53	For any defendant under subparagraph 2., subparagraph 3., or
54	subparagraph 4., the amount of economic damages calculated under
55	joint and several liability shall be in addition to the amount
56	of economic and noneconomic damages already apportioned to that
57	defendant based on that defendant's percentage of fault.
58	(c)  With respect to any defendant whose percentage of
59	fault is less than the fault of a particular plaintiff, the
60	doctrine of joint and several liability shall not apply to any
61	damages imposed against the defendant.
62	(a)(d)  In order to allocate any or all fault to a
63	nonparty, a defendant must affirmatively plead the fault of a
64	nonparty and, absent a showing of good cause, identify the
65	nonparty, if known, or describe the nonparty as specifically as
66	practicable, either by motion or in the initial responsive
67	pleading when defenses are first presented, subject to amendment
68	any time before trial in accordance with the Florida Rules of
69	Civil Procedure.
70	(b)(e)  In order to allocate any or all fault to a nonparty
71	and include the named or unnamed nonparty on the verdict form
72	for purposes of apportioning damages, a defendant must prove at
73	trial, by a preponderance of the evidence, the fault of the
74	nonparty in causing the plaintiff's injuries.
75	Section 2.  This act shall take effect upon becoming a law
76	and shall apply to causes of action that accrue on or after the
77	effective date.

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