Florida Senate - 2006 SENATOR AMENDMENT
Bill No. SB 2006
Barcode 732724
CHAMBER ACTION
Senate House
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11 Senator Aronberg moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 1, lines 14, through
15 page 3, line 19, delete those lines
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17 and insert:
18 (3) APPORTIONMENT OF DAMAGES.--In cases to which this
19 section applies, the trier of fact shall apportion the total
20 fault for the plaintiff's damages among the plaintiff, the
21 defendants to that action, and any released persons who have
22 settled with the plaintiff, and the court shall enter judgment
23 against each party liable on the basis of such party's
24 percentage of fault and not on the basis of the doctrine of
25 joint and several liability. A defendant in the action has a
26 right to join a person who may be amenable to judgment to the
27 plaintiff in that action, notwithstanding any applicable
28 statutes of limitations, within 120 days after service of the
29 complaint on that defendant. The person so joined is
30 thereafter a defendant to the action and, if fault is
31 apportioned to the joined person, the joined person shall be
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. SB 2006
Barcode 732724
1 adjudged legally liable to the plaintiff for its share of the
2 damages. All presuit requirements and any tolling provisions
3 set forth therein are applicable to any defendant choosing to
4 join a person to the action. Notwithstanding any other
5 provision of law, there shall be no setoffs in actions to
6 which this section applies., except as provided in paragraphs
7 (a), (b), and (c):
8 (a) Where a plaintiff is found to be at fault, the
9 following shall apply:
10 1. Any defendant found 10 percent or less at fault
11 shall not be subject to joint and several liability.
12 2. For any defendant found more than 10 percent but
13 less than 25 percent at fault, joint and several liability
14 shall not apply to that portion of economic damages in excess
15 of $200,000.
16 3. For any defendant found at least 25 percent but not
17 more than 50 percent at fault, joint and several liability
18 shall not apply to that portion of economic damages in excess
19 of $500,000.
20 4. For any defendant found more than 50 percent at
21 fault, joint and several liability shall not apply to that
22 portion of economic damages in excess of $1 million.
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24 For any defendant under subparagraph 2., subparagraph 3., or
25 subparagraph 4., the amount of economic damages calculated
26 under joint and several liability shall be in addition to the
27 amount of economic and noneconomic damages already apportioned
28 to that defendant based on that defendant's percentage of
29 fault.
30 (b) Where a plaintiff is found to be without fault,
31 the following shall apply:
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. SB 2006
Barcode 732724
1 1. Any defendant found less than 10 percent at fault
2 shall not be subject to joint and several liability.
3 2. For any defendant found at least 10 percent but
4 less than 25 percent at fault, joint and several liability
5 shall not apply to that portion of economic damages in excess
6 of $500,000.
7 3. For any defendant found at least 25 percent but not
8 more than 50 percent at fault, joint and several liability
9 shall not apply to that portion of economic damages in excess
10 of $1 million.
11 4. For any defendant found more than 50 percent at
12 fault, joint and several liability shall not apply to that
13 portion of economic damages in excess of $2 million.
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15 For any defendant under subparagraph 2., subparagraph 3., or
16 subparagraph 4., the amount of economic damages calculated
17 under joint and several liability shall be in addition to the
18 amount of economic and noneconomic damages already apportioned
19 to that defendant based on that defendant's percentage of
20 fault.
21 (c) With respect to any defendant whose percentage of
22 fault is less than the fault of a particular plaintiff, the
23 doctrine of joint and several liability shall not apply to any
24 damages imposed against the defendant.
25 (d) In order to allocate any or all fault to a
26 nonparty, a defendant must affirmatively plead the fault of a
27 nonparty and, absent a showing of good cause, identify the
28 nonparty, if known, or describe the nonparty as specifically
29 as practicable, either by motion or in the initial responsive
30 pleading when defenses are first presented, subject to
31 amendment any time before trial in accordance with the Florida
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. SB 2006
Barcode 732724
1 Rules of Civil Procedure.
2 (e) In order to allocate any or all fault to a
3 nonparty and include the named or unnamed nonparty on the
4 verdict form for purposes of apportioning damages, a defendant
5 must prove at trial, by a preponderance of the evidence, the
6 fault of the nonparty in causing the plaintiff's injuries.
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9 ================ T I T L E A M E N D M E N T ===============
10 And the title is amended as follows:
11 On page 1, line 3, after the second semicolon,
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13 insert:
14 providing for apportionment of fault; providing
15 for joinder of parties;
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