Amendment
Bill No. CS/SB 142
Amendment No. 591225
CHAMBER ACTION
Senate House
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1Representative Gaetz offered the following:
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3     Amendment (with title amendment)
4     Remove lines 78-103 and insert:
5     (b)  In a products liability action brought by the claimant
6alleging that because of a defective product the injuries
7received by the claimant in a motor vehicle accident were
8greater than the injuries the claimant would have received but
9for the defective product, the trier of fact shall consider only
10the fault of the persons responsible for the accident in regard
11to the injuries directly caused by the accident and shall
12consider only the fault of the persons responsible for the
13defective product in regard to the injuries directly caused by
14the defective product, unless the trier of fact cannot
15distinguish the injuries directly caused by the defective
16product, in which case the trier of fact shall consider the
17fault of all persons who contributed to the accident and the
18injuries and apportion liability between them.
19     (4)  APPLICABILITY.-
20     (a)  This section applies to negligence cases. For purposes
21of this section, "negligence cases" includes, but is not limited
22to, civil actions for damages based upon theories of negligence,
23strict liability, products liability, professional malpractice
24whether couched in terms of contract or tort, or breach of
25warranty and like theories. In determining whether a case falls
26within the term "negligence cases," the court shall look to the
27substance of the action and not the conclusory terms used by the
28parties.
29     (b)  This section does not apply to any action brought by
30any person to recover actual economic damages resulting from
31pollution, to any action based upon an intentional tort, to any
32action brought by a first responder, or to any cause of action
33as to which application of the doctrine of joint and several
34liability is specifically provided by chapter 403, chapter 498,
35chapter 517, chapter 542, or chapter 895. For purposes of this
36subsection, the term "first responder" means a law enforcement
37officer as defined in s. 943.10, a firefighter as defined in s.
38633.30, or an emergency medical technician or paramedic as
39defined in s. 401.23, whether such first responder is employed
40full time, employed part time, or is a volunteer.
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T I T L E  A M E N D M E N T
45     Remove line 10 and insert:
46action; providing that the doctrine of joint and several
47liability applies to a tort action brought by a first responder;
48defining the term "first responder"; providing the rules of
49evidence apply;


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