Florida Senate - 2006 SENATOR AMENDMENT
Bill No. SB 2006
Barcode 344362
CHAMBER ACTION
Senate House
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03/29/2006 09:10 AM .
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11 Senator Webster moved the following substitute for amendment
12 (732724):
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Subsection (3) of section 768.81, Florida
19 Statutes, is amended to read:
20 768.81 Comparative fault.--
21 (3) APPORTIONMENT OF DAMAGES.--In cases to which this
22 section applies, the court shall enter judgment against each
23 party liable on the basis of such party's percentage of fault
24 and not on the basis of the doctrine of joint and several
25 liability., except as provided in paragraphs (a), (b), and
26 (c):
27 (a) Where a plaintiff is found to be at fault, the
28 following shall apply:
29 1. Any defendant found 10 percent or less at fault
30 shall not be subject to joint and several liability.
31 2. For any defendant found more than 10 percent but
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. SB 2006
Barcode 344362
1 less than 25 percent at fault, joint and several liability
2 shall not apply to that portion of economic damages in excess
3 of $200,000.
4 3. For any defendant found at least 25 percent but not
5 more than 50 percent at fault, joint and several liability
6 shall not apply to that portion of economic damages in excess
7 of $500,000.
8 4. For any defendant found more than 50 percent at
9 fault, joint and several liability shall not apply to that
10 portion of economic damages in excess of $1 million.
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12 For any defendant under subparagraph 2., subparagraph 3., or
13 subparagraph 4., the amount of economic damages calculated
14 under joint and several liability shall be in addition to the
15 amount of economic and noneconomic damages already apportioned
16 to that defendant based on that defendant's percentage of
17 fault.
18 (b) Where a plaintiff is found to be without fault,
19 the following shall apply:
20 1. Any defendant found less than 10 percent at fault
21 shall not be subject to joint and several liability.
22 2. For any defendant found at least 10 percent but
23 less than 25 percent at fault, joint and several liability
24 shall not apply to that portion of economic damages in excess
25 of $500,000.
26 3. For any defendant found at least 25 percent but not
27 more than 50 percent at fault, joint and several liability
28 shall not apply to that portion of economic damages in excess
29 of $1 million.
30 4. For any defendant found more than 50 percent at
31 fault, joint and several liability shall not apply to that
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. SB 2006
Barcode 344362
1 portion of economic damages in excess of $2 million.
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3 For any defendant under subparagraph 2., subparagraph 3., or
4 subparagraph 4., the amount of economic damages calculated
5 under joint and several liability shall be in addition to the
6 amount of economic and noneconomic damages already apportioned
7 to that defendant based on that defendant's percentage of
8 fault.
9 (c) With respect to any defendant whose percentage of
10 fault is less than the fault of a particular plaintiff, the
11 doctrine of joint and several liability shall not apply to any
12 damages imposed against the defendant.
13 (a)(d) In order to allocate any or all fault to a
14 nonparty, a defendant must affirmatively plead the fault of a
15 nonparty and, absent a showing of good cause, identify the
16 nonparty, if known, or describe the nonparty as specifically
17 as practicable, either by motion or in the initial responsive
18 pleading when defenses are first presented, subject to
19 amendment any time before trial in accordance with the Florida
20 Rules of Civil Procedure.
21 (b)(e) In order to allocate any or all fault to a
22 nonparty and include the named or unnamed nonparty on the
23 verdict form for purposes of apportioning damages, a defendant
24 must prove at trial, by a preponderance of the evidence, the
25 fault of the nonparty in causing the plaintiff's injuries.
26 Section 2. This act shall take effect upon becoming a
27 law and shall apply to causes of action that accrue on or
28 after the effective date.
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. SB 2006
Barcode 344362
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
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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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