Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 54
       
       
       
       
       
       
                                Ì497220yÎ497220                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             04/13/2021 12:05 PM       .                                
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       Senator Burgess moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 3498 and 3499
    4  insert:
    5         Section 61. Section 768.852, Florida Statutes, is created
    6  to read:
    7         768.852 Limitations on damages as a result of a motor
    8  vehicle crash while uninsured.—
    9         (1) Except as provided in subsection (2), if a person
   10  suffers bodily injury or wrongful death, or suffers damage to or
   11  the destruction of his or her property, as a result of a motor
   12  vehicle crash and the person was not in compliance with
   13  applicable laws requiring the maintenance of insurance coverage
   14  or other forms of financial responsibility for more than 30
   15  days, the person or his or her personal representative may
   16  recover economic damages only, not to exceed:
   17         (a) Twenty-five thousand dollars for bodily injury to, or
   18  the death of, such person.
   19         (b) Ten thousand dollars for damage to, or destruction of,
   20  the property of such person.
   21         (2) The limitations on damages in subsection (1) do not
   22  apply if the person who is liable for the bodily injury,
   23  wrongful death, or damage to or destruction of property:
   24         (a) Was driving while under the influence of an alcoholic
   25  beverage, an inhalant, or a controlled substance;
   26         (b) Acted intentionally, recklessly, or with gross
   27  negligence;
   28         (c) Fled from the scene of the crash; or
   29         (d) Was acting in furtherance of an offense or in immediate
   30  flight from an offense that constituted a felony at the time of
   31  the crash.
   32  
   33  ================= T I T L E  A M E N D M E N T ================
   34  And the title is amended as follows:
   35         Delete line 282
   36  and insert:
   37         technical changes; creating s. 768.852, F.S.; limiting
   38         the damages that may be recovered by or on behalf of a
   39         person not in compliance with financial responsibility
   40         laws; providing exceptions; amending s. 817.234, F.S.;
   41         revising