Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1558
Barcode 973700
CHAMBER ACTION
Senate House
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04/17/2007 06:08 PM .
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11 The Committee on Judiciary (Ring) recommended the following
12 amendment:
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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.--
22 (a) In cases to which this section applies, the trier
23 of fact shall apportion the total fault for the occurrence
24 giving rise to the legal proceeding only among the plaintiff,
25 those parties to the action who may be held legally liable,
26 and the following nonparties:
27 1. A nonparty, whether or not previously a party, who
28 the plaintiff discharged from liability pursuant to a
29 voluntary dismissal with prejudice or a release, covenant not
30 to sue, covenant not to execute a judgment, or similar
31 agreement between the plaintiff and the nonparty;
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1558
Barcode 973700
1 2. A nonparty who cannot properly be made a party to
2 the proceeding because the nonparty is not subject to the
3 jurisdiction of the court;
4 3. A nonparty who cannot properly be made a party to
5 the proceeding because the nonparty is completely immune from
6 suit;
7 4. A nonparty upon whom the defendant was unable to
8 serve process because the nonparty could not be sufficiently
9 identified after reasonable inquiry by the defendant; or
10 5. A nonparty who cannot properly be made a party to
11 the proceeding because the statute of limitations or statute
12 of repose applicable to the nonparty expired, and the
13 defendant, despite the exercise of reasonable diligence, was
14 unable to join the nonparty as an additional party within the
15 applicable statute of limitations or statute of repose.
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17 The court shall enter judgment against each party liable on
18 the basis of such party's percentage of fault and not on the
19 basis of the doctrine of joint and several liability.
20 (b) Any party to the action, including a defendant,
21 has the right to join as an additional party any person who is
22 or may be liable to the plaintiff for all or part of the
23 plaintiff's claim against a defendant. However, a defendant
24 must act with reasonable diligence in order to join such an
25 additional party and, if the liability of the additional party
26 is proven, the court shall enter judgment for the plaintiff
27 against the additional party based upon the additional party's
28 percentage of fault.
29 (c)(a) In order to allocate any or all fault to a
30 nonparty under paragraph (a), a defendant must affirmatively
31 plead the fault of a nonparty and, absent a showing of good
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1558
Barcode 973700
1 cause, identify the nonparty, if known, or describe the
2 nonparty as specifically as practicable, either by motion or
3 in the initial responsive pleading when defenses are first
4 presented, subject to amendment using reasonable diligence any
5 time before trial in accordance with the Florida Rules of
6 Civil Procedure.
7 (d)(b) In order for the trier of fact to allocate any
8 or all fault to an additional party or a nonparty under
9 paragraph (a), the party that joined the additional party or
10 alleged the fault of the nonparty and include the named or
11 unnamed nonparty on the verdict form for purposes of
12 apportioning damages, a defendant must prove at trial, by a
13 preponderance of the evidence, the fault of the additional
14 party or the nonparty in causing the plaintiff's injuries.
15 Section 2. It is the intent of the Legislature to
16 accord the utmost comity and respect to the constitutional
17 prerogatives of the judiciary of this state, and this act is
18 not an effort to impinge upon those prerogatives. If a court
19 of competent jurisdiction enters a final judgment concluding
20 or declaring that a provision of this act improperly
21 encroaches upon the authority of the Supreme Court to
22 determine the rules of practice and procedure in the courts of
23 this state, the Legislature declares its intent that such
24 provision be construed as a request for rule change pursuant
25 to Section 2, Article V of the State Constitution and not as a
26 mandatory legislative directive.
27 Section 3. This act shall take effect July 1, 2007,
28 and applies to causes of action that accrue on or after that
29 date.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1558
Barcode 973700
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;
8 amending s. 768.81, F.S.; requiring the
9 division of total fault for an occurrence only
10 among the plaintiff, parties who may be held
11 legally liable, and specified nonparties;
12 providing for joinder of additional parties and
13 allocation of fault to certain nonparties;
14 providing legislative intent; providing for
15 application; providing an effective date.
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