HB 733

1
A bill to be entitled
2An act relating to apportionment of damages; providing
3findings and intent; amending s. 768.81, F.S.; requiring
4division of total fault for an occurrence only among the
5claimant and those who may be held legally liable;
6deleting provisions providing for allocation of fault to
7nonparties; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Findings and intent.--The Legislature finds
12that frivolous accusations against nonparties deny justice to
13victims and add unnecessarily to the expense and complexity of
14legal actions. The intent of the Legislature is to curtail the
15incidence of such accusations by requiring the trier of fact to
16apportion the total fault for the occurrence giving rise to a
17legal proceeding only among the claimant and those defendants to
18the action who may be held legally liable.
19     Section 2.  Subsection (3) of section 768.81, Florida
20Statutes, is amended to read:
21     768.81  Comparative fault.--
22     (3)  APPORTIONMENT OF DAMAGES.--In cases to which this
23section applies, the trier of fact shall apportion the total
24fault for the occurrence giving rise to the legal proceeding
25only among the claimant and those defendants to the action who
26may be held legally liable, and the court shall enter judgment
27against each party liable on the basis of such party's
28percentage of fault and not on the basis of the doctrine of
29joint and several liability.
30     (a)  In order to allocate any or all fault to a nonparty, a
31defendant must affirmatively plead the fault of a nonparty and,
32absent a showing of good cause, identify the nonparty, if known,
33or describe the nonparty as specifically as practicable, either
34by motion or in the initial responsive pleading when defenses
35are first presented, subject to amendment any time before trial
36in accordance with the Florida Rules of Civil Procedure.
37     (b)  In order to allocate any or all fault to a nonparty
38and include the named or unnamed nonparty on the verdict form
39for purposes of apportioning damages, a defendant must prove at
40trial, by a preponderance of the evidence, the fault of the
41nonparty in causing the plaintiff's injuries.
42     Section 3.  This act shall take effect July 1, 2007.


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