Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for SB 142
       
       
       
       
       
       
                                Barcode 230056                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             03/15/2011 10:45 AM       .                                
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       Senator Simmons moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 24 - 39
    4  and insert:
    5         (a) “Accident” means the events and actions that relate to
    6  the incident giving rise to the action as well as those events
    7  and actions that relate to the alleged defect or injuries.
    8         (b) “Economic damages” means past lost income and future
    9  lost income reduced to present value; medical and funeral
   10  expenses; lost support and services; replacement value of lost
   11  personal property; loss of appraised fair market value of real
   12  property; costs of construction repairs, including labor,
   13  overhead, and profit; and any other economic loss that which
   14  would not have occurred but for the injury giving rise to the
   15  cause of action.
   16         (c) “Negligence action” means, without limitation, a civil
   17  action for damages based upon a theory of negligence, strict
   18  liability, products liability, or professional malpractice,
   19  whether couched in terms of contract, tort, or breach of
   20  warranty and like theories. The substance of an action, not
   21  conclusory terms used by a party, determines whether an action
   22  is a negligence action.
   23         (d) “Products liability action” means a civil action based
   24  
   25  ================= T I T L E  A M E N D M E N T ================
   26         And the title is amended as follows:
   27         Delete line 3
   28  and insert:
   29         F.S.; defining the terms “accident,” “negligence
   30         action,” and