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





                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Cosgrove offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Section 40.50, Florida Statutes, is created

18  to read:

19         40.50  Jury duty and instructions in civil cases.--

20         (1)  In any civil action immediately after the jury is

21  sworn, the court shall instruct the jury concerning its

22  duties, its conduct, the order of proceedings, the procedure

23  for submitting written questions of witnesses, and the

24  elementary legal principles that will govern the proceeding as

25  provided in this section.

26         (2)  The court shall instruct that the jurors may take

27  notes regarding the evidence and keep the notes for the

28  purpose of refreshing their memory for use during recesses and

29  deliberations. The court may provide materials suitable for

30  this purpose. The confidentiality of the notes should be

31  emphasized to the jurors. After the jury has rendered its

                                  1

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  verdict, the notes shall be collected by the bailiff or clerk

 2  who shall promptly destroy them.

 3         (3)  In any case in which the court determines that the

 4  trial could exceed 5 days, the court shall provide a notebook

 5  for each juror. Notebooks may contain:

 6         (a)  A copy of the preliminary jury instructions,

 7  including special instructions on the issues to be tried.

 8         (b)  Jurors' notes.

 9         (c)  Witnesses' names and either photographs or

10  biographies or both.

11         (d)  Copies of key documents admitted into evidence and

12  an index of all exhibits in evidence.

13         (e)  A glossary of technical terms.

14         (f)  A copy of the court's final instructions.

15

16  In its discretion, the court may authorize documents and

17  exhibits in evidence to be included in notebooks for use by

18  the jurors during trial to aid them in performing their

19  duties. The preliminary jury instructions should be removed,

20  discarded, and replaced by the final jury instructions before

21  the latter are read to the jury by the court.

22         (4)  The court shall permit jurors to have access to

23  their notes and, in appropriate cases, notebooks during

24  recesses and deliberations.

25         (5)  The court shall permit jurors to submit to the

26  court written questions directed to witnesses or to the court.

27  Opportunity shall be given to counsel to object to such

28  questions out of the presence of the jury. The court may, as

29  appropriate, limit the submission of questions to witnesses.

30         (6)  The court shall instruct the jury that any

31  questions directed to witnesses or the court must be in

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  writing, unsigned, and given to the bailiff. If the court

 2  determines that the juror's question calls for admissible

 3  evidence, the question may be asked by court or counsel in the

 4  court's discretion. Such question may be answered by

 5  stipulation or other appropriate means, including, but not

 6  limited to, additional testimony upon such terms and

 7  limitations as the court prescribes. If the court determines

 8  that the juror's question calls for inadmissible evidence, the

 9  question shall not be read or answered. If a juror's question

10  is rejected, the jury should be told that trial rules do not

11  permit some questions to be asked and that the jurors should

12  not attach any significance to the failure of having their

13  question asked.

14         (7)  The court has discretion to give final

15  instructions to the jury before closing arguments of counsel

16  instead of after, in order to enhance jurors' ability to apply

17  the applicable law to the facts. In that event, the court may

18  wish to withhold giving the necessary procedural and

19  housekeeping instructions until after closing arguments.

20         Section 2.  Section 44.102, Florida Statutes, is

21  amended to read:

22         44.102  Court-ordered mediation.--

23         (1)  Court-ordered mediation shall be conducted

24  according to rules of practice and procedure adopted by the

25  Supreme Court.

26         (2)  A court, under rules adopted by the Supreme Court:

27         (a)  Must refer to mediation any filed civil action for

28  monetary damages, unless:

29         1.  The action is a landlord and tenant dispute that

30  does not include a claim for personal injury.

31         2.  The action is filed for the purpose of collecting a

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  debt.

 2         3.  The action is a claim of medical malpractice.

 3         4.  The action is governed by the Florida Small Claims

 4  Rules.

 5         5.  The court determines that the action is proper for

 6  referral to nonbinding arbitration under this chapter.

 7         6.  The parties have agreed to binding arbitration.

 8         (b)(a)  May refer to mediation all or any part of a

 9  filed civil action for which mediation is not required under

10  this section.

11         (c)(b)  In circuits in which a family mediation program

12  has been established and upon a court finding of a dispute,

13  shall refer to mediation all or part of custody, visitation,

14  or other parental responsibility issues as defined in s.

15  61.13. Upon motion or request of a party, a court shall not

16  refer any case to mediation if it finds there has been a

17  history of domestic violence that would compromise the

18  mediation process.

19         (d)(c)  In circuits in which a dependency or in need of

20  services mediation program has been established, may refer to

21  mediation all or any portion of a matter relating to

22  dependency or to a child in need of services or a family in

23  need of services.

24         (3)  Each party involved in a court-ordered mediation

25  proceeding has a privilege to refuse to disclose, and to

26  prevent any person present at the proceeding from disclosing,

27  communications made during such proceeding. All oral or

28  written communications in a mediation proceeding, other than

29  an executed settlement agreement, shall be exempt from the

30  requirements of chapter 119 and shall be confidential and

31  inadmissible as evidence in any subsequent legal proceeding,

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  unless all parties agree otherwise.

 2         (4)  There shall be no privilege and no restriction on

 3  any disclosure of communications made confidential in

 4  subsection (3) in relation to disciplinary proceedings filed

 5  against mediators pursuant to s. 44.106 and court rules, to

 6  the extent the communication is used for the purposes of such

 7  proceedings.  In such cases, the disclosure of an otherwise

 8  privileged communication shall be used only for the internal

 9  use of the body conducting the investigation. Prior to the

10  release of any disciplinary files to the public, all

11  references to otherwise privileged communications shall be

12  deleted from the record.  When an otherwise confidential

13  communication is used in a mediator disciplinary proceeding,

14  such communication shall be inadmissible as evidence in any

15  subsequent legal proceeding.  "Subsequent legal proceeding"

16  means any legal proceeding between the parties to the

17  mediation which follows the court-ordered mediation.

18         (5)  The chief judge of each judicial circuit shall

19  maintain a list of mediators who have been certified by the

20  Supreme Court and who have registered for appointment in that

21  circuit.

22         (a)  Whenever possible, qualified individuals who have

23  volunteered their time to serve as mediators shall be

24  appointed. If a mediation program is funded pursuant to s.

25  44.108, volunteer mediators shall be entitled to reimbursement

26  pursuant to s. 112.061 for all actual expenses necessitated by

27  service as a mediator.

28         (b)  Nonvolunteer mediators shall be compensated

29  according to rules adopted by the Supreme Court. If a

30  mediation program is funded pursuant to s. 44.108, a mediator

31  may be compensated by the county or by the parties.  When a

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  party has been declared indigent or insolvent, that party's

 2  pro rata share of a mediator's compensation shall be paid by

 3  the county at the rate set by administrative order of the

 4  chief judge of the circuit.

 5         (6)(a)  When an action is referred to mediation by

 6  court order, the time periods for responding to an offer of

 7  settlement pursuant to s. 45.061, or to an offer or demand for

 8  judgment pursuant to s. 768.79, respectively, shall be tolled

 9  until:

10         1.  An impasse has been declared by the mediator; or

11         2.  The mediator has reported to the court that no

12  agreement was reached.

13         (b)  Sections 45.061 and 768.79 notwithstanding, an

14  offer of settlement or an offer or demand for judgment may be

15  made at any time after an impasse has been declared by the

16  mediator, or the mediator has reported that no agreement was

17  reached.  An offer is deemed rejected as of commencement of

18  trial.

19         Section 3.  Section 44.1051, Florida Statutes, is

20  created to read:

21         44.1051  Voluntary trial resolution.--

22         (1)  Two or more parties who are involved in a civil

23  dispute may agree in writing to submit the controversy to

24  voluntary trial resolution in lieu of litigation of the issues

25  involved, prior to or after a lawsuit has been filed, provided

26  that no constitutional issue is involved.

27         (2)  If the parties have entered into an agreement that

28  provides for a method for appointment of a member of The

29  Florida Bar in good standing for more than 5 years to act as

30  trial resolution judge, the court shall proceed with the

31  appointment as prescribed.

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1         (3)  The trial resolution judge shall be compensated by

 2  the parties according to their agreement.

 3         (4)  Within 10 days after the submission of the request

 4  for binding voluntary trial resolution, the court shall

 5  provide for the appointment of the trial resolution judge.

 6  Once appointed, the trial resolution judge shall notify the

 7  parties of the time and place for the hearing.

 8         (5)  Application for voluntary trial resolution shall

 9  be filed and fees paid to the clerk of the court as if for

10  complaints initiating civil actions. The clerk of the court

11  shall handle and account for these matters in all respects as

12  if they were civil actions except that the clerk of the court

13  shall keep separate the records of the applications for

14  voluntary binding trial resolution from all other civil

15  actions.

16         (6)  Filing of the application for binding voluntary

17  trial resolution will toll the running of the applicable

18  statutes of limitation.

19         (7)  The appointed trial resolution judge shall have

20  such power to administer oaths or affirmations and to conduct

21  the proceedings as the rules of court provide. At the request

22  of any party, the trial resolution judge shall issue subpoenas

23  for the attendance of witnesses and for the production of

24  books, records, documents, and other evidence and may apply to

25  the court for orders compelling attendance and production.

26  Subpoenas shall be served and shall be enforceable as provided

27  by law.

28         (8)  The hearing shall be conducted by the trial

29  resolution judge, who may determine any question and render a

30  final decision.

31         (9)  The Florida Evidence Code shall apply to all

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  proceedings under this section.

 2         (10)  Any party may enforce a final decision rendered

 3  in a voluntary trial by filing a petition for final judgment

 4  in the circuit court in the circuit in which the voluntary

 5  trial took place. Upon entry of final judgment by the circuit

 6  court an appeal may be taken to the appropriate appellate

 7  court. The "harmless error doctrine" shall apply in all

 8  appeals. No further review shall be permitted unless a

 9  constitutional issue is raised. Factual findings determined in

10  the voluntary trial shall not be subject to appeal.

11         (11)  If no appeal is taken within the time provided by

12  rules of the Supreme Court, the decision shall be referred to

13  the presiding court judge in the case, or, if one has not been

14  assigned, to the chief judge of the circuit for assignment to

15  a circuit judge, who shall enter such orders and judgments as

16  are required to carry out the terms of decision, which orders

17  shall be enforceable by the contempt powers of the court and

18  for which judgment executions shall issue on request of a

19  party.

20         (12)  This section does not apply to any dispute

21  involving child custody, visitation, or child support, or to

22  any dispute that involves the rights of a person who is not a

23  party to the voluntary trial resolution.

24         Section 4.  Section 57.105, Florida Statutes, is

25  amended to read:

26         57.105  Attorney's fee; sanctions for raising unfounded

27  claims or defenses; damages for delay of litigation.--

28         (1)  Upon the court's initiative or motion of any

29  party, the court shall award a reasonable attorney's fee to be

30  paid to the prevailing party in equal amounts by the losing

31  party and the losing party's attorney on any claim or defense

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  at any time during a in any civil proceeding or action in

 2  which the court finds that the losing party or the losing

 3  party's attorney knew or should have known that a claim or

 4  defense when initially presented to the court or at any time

 5  before trial:

 6         (a)  Was not supported by the material facts necessary

 7  to establish the claim or defense; or

 8         (b)  Would not be supported by the application of

 9  then-existing law to those material facts. there was a

10  complete absence of a justiciable issue of either law or fact

11  raised by the complaint or defense of the losing party;

12  provided,

13

14  However, that the losing party's attorney is not personally

15  responsible if he or she has acted in good faith, based on the

16  representations of his or her client as to the existence of

17  those material facts. If the court awards attorney's fees to a

18  claimant pursuant to this subsection finds that there was a

19  complete absence of a justiciable issue of either law or fact

20  raised by the defense, the court shall also award prejudgment

21  interest.

22         (2)  Subsection (1) does not apply if the court

23  determines that the claim or defense was initially presented

24  to the court as a good-faith attempt with a reasonable

25  probability of changing then-existing law as it applied to the

26  material facts.

27         (3)  At any time in any civil proceeding or action in

28  which the moving party proves by a preponderance of the

29  evidence that any action taken by the opposing party,

30  including, but not limited to, the filing of any pleading or

31  part thereof, the assertion of or response to any discovery

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  demand, the assertion of any claim or defense, or the response

 2  to any request by any other party, was taken primarily for the

 3  purpose of unreasonable delay, the court shall award damages

 4  to the moving party for the time necessitated by the conduct

 5  in question.

 6         (4)  The court also may impose such additional

 7  sanctions or other remedies as are just and warranted under

 8  the circumstances of the particular case, including, but not

 9  limited to, contempt of court, award of taxable costs,

10  striking of a claim or defense, or dismissal of the pleading.

11         (5)(2)  If a contract contains a provision allowing

12  attorney's fees to a party when he or she is required to take

13  any action to enforce the contract, the court may also allow

14  reasonable attorney's fees to the other party when that party

15  prevails in any action, whether as plaintiff or defendant,

16  with respect to the contract. This subsection applies to any

17  contract entered into on or after October 1, 1988. This act

18  shall take effect October 1, 1988, and shall apply to

19  contracts entered into on said date or thereafter.

20         Section 5.  Subsections (3), (5), and (7) of section

21  768.79, Florida Statutes, are amended to read:

22         768.79  Offer of judgment and demand for judgment.--

23         (3)  The offer shall be served upon the party to whom

24  it is made, but it shall not be filed unless it is accepted or

25  unless filing is necessary to enforce the provisions of this

26  section. In any case involving multiple party plaintiffs or

27  multiple party defendants, an offer shall specify its

28  applicability to each party and may specify any conditions

29  thereof. Each individual party may thereafter accept or reject

30  the offer as the offer applies to such party.

31         (5)  An offer may be withdrawn in writing which is

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  served before the date a written acceptance is filed. Once

 2  withdrawn, an offer is void. A subsequent offer to a party

 3  shall have the effect of voiding any previous offer to that

 4  party.

 5         (7)(a)  If a party is entitled to costs and fees

 6  pursuant to the provisions of this section, the court may, in

 7  its discretion, determine that an offer was not made in good

 8  faith. In such case, the court may disallow an award of costs

 9  and attorney's fees.

10         (b)  When determining the entitlement to and

11  reasonableness of an award of attorney's fees pursuant to this

12  section, the court shall consider, along with all other

13  relevant criteria, the following additional factors:

14         1.  The then apparent merit or lack of merit in the

15  claim.

16         2.  The number and nature of offers made by the

17  parties.

18         3.  The closeness of questions of fact and law at

19  issue.

20         4.  Whether the proposal was reasonably rejected.

21         5.4.  Whether the person making the offer had

22  unreasonably refused to furnish information necessary to

23  evaluate the reasonableness of such offer.

24         6.5.  Whether the suit was in the nature of a test case

25  presenting questions of far-reaching importance affecting

26  nonparties.

27         7.6.  The amount of the additional delay cost and

28  expense that the person making the offer reasonably would be

29  expected to incur if the litigation should be prolonged.

30         Section 6.  Section 57.071, Florida Statutes, is

31  amended to read:

                                  11

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1         57.071  Costs; what taxable.--

 2         (1)  If costs are awarded to any party, the following

 3  shall also be allowed:

 4         (a)(1)  The reasonable premiums or expenses paid on all

 5  bonds or other security furnished by such party.

 6         (b)(2)  The expense of the court reporter for per diem,

 7  transcribing proceedings and depositions, including opening

 8  statements and arguments by counsel.

 9         (c)(3)  Any sales or use tax due on legal services

10  provided to such party, notwithstanding any other provision of

11  law to the contrary.

12         (2)  Expert witness fees shall not be awarded as

13  taxable costs unless:

14         (a)  The party retaining the expert witness files a

15  written notice with the court and with each opposing party

16  within 30 days after the entry of an order setting the trial

17  date, which notice shall specify the expertise and experience

18  of the expert, the rate of compensation of the expert witness,

19  the subject matters or issues on which the expert is expected

20  to render an opinion, and an estimate of the overall fees of

21  the expert witness, including the fee for trial testimony. If

22  the rate of compensation is hourly, the estimated overall fee

23  may be stated in terms of estimated hours; and

24         (b)  The party retaining the expert witness furnishes

25  each opposing party with a written report signed by the expert

26  witness which summarizes the expert witness's opinions and the

27  factual basis of the opinions, including documentary evidence

28  and the authorities relied upon in reaching the opinions. Such

29  report shall be filed at least 10 days prior to discovery

30  cut-off, 45 days prior to the trial, or as otherwise

31  determined by the court.

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1         (c)  This section does not apply to any action

 2  proceeding under the Florida Family Law Rules of Procedure.

 3         Section 7.  Expedited trials.--Upon the joint

 4  stipulation of the parties to any civil case, the court may

 5  conduct an expedited trial as provided in this section. Where

 6  two or more plaintiffs or defendants have a unity of interest,

 7  such as a husband and wife, they shall be considered one party

 8  for the purpose of this section. Unless otherwise ordered by

 9  the court or agreed to by the parties with approval of the

10  court, an expedited trial shall be conducted as follows:

11         (1)  All discovery in the trial shall be completed

12  within 60 days after the court enters an order adopting the

13  joint expedited trial stipulation.

14         (2)  All interrogatories and requests for production

15  must be served within 10 days after the court enters an order

16  adopting the joint expedited trial stipulation, and all

17  responses must be served within 20 days after receipt.

18         (3)  The court shall determine the number of

19  depositions required.

20         (4)  The case may be tried to a jury.

21         (5)  The case must be tried within 30 days after the

22  60-day discovery cut-off.

23         (6)  The trial must be limited to 1 day.

24         (7)  The jury selection must be limited to 1 hour.

25         (8)  The plaintiff will have 3 hours to present its

26  case, including its opening, all of its testimony and

27  evidence, and its closing.

28         (9)  The defendant will have 3 hours to present its

29  case, including its opening, all of its testimony and

30  evidence, and its closing.

31         (10)  The jury will be given "plain language" jury

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  instructions at the beginning of the trial as well as a "plain

 2  language" jury verdict form. The jury instructions and verdict

 3  form must be agreed to by the parties.

 4         (11)  The parties will be permitted to introduce a

 5  written report of any expert and the expert's curriculum vitae

 6  instead of calling the expert to testify live at trial.

 7         (12)  At trial the parties may use excerpts from

 8  depositions, including video depositions, regardless of where

 9  the deponent lives or whether the deponent is available to

10  testify.

11         (13)  The Florida Evidence Code and the Florida Rules

12  of Civil Procedure will apply.

13         (14)  There will be no continuances of the trial absent

14  extraordinary circumstances.

15         Section 8.  Section 768.77, Florida Statutes, is

16  amended to read:

17         768.77  Itemized verdict.--

18         (1)  In any action to which this part applies in which

19  the trier of fact determines that liability exists on the part

20  of the defendant, the trier of fact shall, as a part of the

21  verdict, itemize the amounts to be awarded to the claimant

22  into the following categories of damages:

23         (1)(a)  Amounts intended to compensate the claimant for

24  economic losses;

25         (2)(b)  Amounts intended to compensate the claimant for

26  noneconomic losses; and

27         (3)(c)  Amounts awarded to the claimant for punitive

28  damages, if applicable.

29         (2)  Each category of damages, other than punitive

30  damages, shall be further itemized into amounts intended to

31  compensate for losses which have been incurred prior to the

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  verdict and into amounts intended to compensate for losses to

 2  be incurred in the future. Future damages itemized under

 3  paragraph (1)(a) shall be computed before and after reduction

 4  to present value. Damages itemized under paragraph (1)(b) or

 5  paragraph (1)(c) shall not be reduced to present value. In

 6  itemizing amounts intended to compensate for future losses,

 7  the trier of fact shall set forth the period of years over

 8  which such amounts are intended to provide compensation.

 9         Section 9.  Present subsection (1) of section 768.78,

10  Florida Statutes, is amended and redesignated as subsection

11  (2), present subsection (2) is redesignated as subsection (3),

12  and a new subsection (1) is added to that section to read:

13         768.78  Alternative methods of payment of damage

14  awards.--

15         (1)  In both prejudgment and post-judgment cases, the

16  parties shall specifically discuss the option and advantages

17  for the plaintiff of settlement through use of structured

18  periodic payments.  If, in connection with a settlement, the

19  plaintiff chooses to receive payment in the form of periodic

20  payments, the defendant or the defendant's liability carrier

21  is obligated to provide such payments, and the following

22  apply:

23         (a)  To the extent that the liability for payment of

24  damages to the plaintiff qualifies for assignment under

25  Section 130, or any successor section, of the Internal Revenue

26  Code, as amended from time to time, the defendant or the

27  defendant's liability carrier shall assign the liability to

28  make such periodic payments to a third party assignee selected

29  by the plaintiff.

30         (b)  Once a structured settlement is agreed to by the

31  parties, the defendant or the defendant's liability carrier

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  may not withdraw from the agreement because of the plaintiff's

 2  choice of third-party assignee.

 3         (c)  The plaintiff has the right to select a licensed

 4  structured-settlement broker to place the structured

 5  settlement.

 6         (d)  Any order approving or adopting a settlement to

 7  which this subsection applies must include a finding that the

 8  settlement complies with this subsection.

 9         (e)  This subsection does not apply to cases the

10  settlement of which is under $50,000.

11         (f)  Nothing in this subsection creates an additional

12  cause of action against the defendant or his attorneys.

13         (g)  This subsection applies only to cases impacted by

14  s. 104(a)(1), (2), and (3) of the Internal Revenue Code.

15         (2)(1)(a)  In any action to which this part applies in

16  which the court determines that trier of fact makes an award

17  to compensate the claimant includes for future economic losses

18  which exceed $250,000, payment of amounts intended to

19  compensate the claimant for these losses shall be made by one

20  of the following means, unless an alternative method of

21  payment of damages is provided in this section:

22         1.  The defendant may make a lump-sum payment for all

23  damages so assessed, with future economic losses and expenses

24  reduced to present value; or

25         2.  Subject to the provisions of this subsection, the

26  court shall, at the request of either party, unless the court

27  determines that manifest injustice would result to any party,

28  enter a judgment ordering future economic damages, as itemized

29  pursuant to s. 768.77(1)(a), in excess of $250,000 to be paid

30  in whole or in part by periodic payments rather than by a

31  lump-sum payment.

                                  16

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1         (b)  In entering a judgment ordering the payment of

 2  such future damages by periodic payments, the court shall make

 3  a specific finding of the dollar amount of periodic payments

 4  which will compensate the judgment creditor for these future

 5  damages after offset for collateral sources.  The total dollar

 6  amount of the periodic payments shall equal the dollar amount

 7  of all such future damages before any reduction to present

 8  value, less any attorney's fees payable from future damages in

 9  accordance with paragraph (f).  The period of time over which

10  the periodic payments shall be made is the period of years

11  determined by the trier of fact in arriving at its itemized

12  verdict and shall not be extended if the plaintiff lives

13  beyond the determined period.  If the claimant has been

14  awarded damages to be discharged by periodic payments and the

15  claimant dies prior to the termination of the period of years

16  during which periodic payments are to be made, the remaining

17  liability of the defendant, reduced to present value, shall be

18  paid into the estate of the claimant in a lump sum.  The court

19  may order that the payments be equal or vary in amount,

20  depending upon the need of the claimant.

21         (c)  As a condition to authorizing periodic payments of

22  future damages, the court shall require the defendant to post

23  a bond or security or otherwise to assure full payment of

24  these damages awarded by the judgment.  A bond is not adequate

25  unless it is written by a company authorized to do business in

26  this state and is rated A+ by Best's.  If the defendant is

27  unable to adequately assure full payment of the damages, the

28  court shall order that all damages be paid to the claimant in

29  a lump sum pursuant to the verdict.  No bond may be canceled

30  or be subject to cancellation unless at least 60 days' advance

31  written notice is filed with the court and the judgment

                                  17

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  creditor. Upon termination of periodic payments, the court

 2  shall order the return of the security, or so much as remains,

 3  to the judgment debtor.

 4         (d)1.  In the event that the court finds that the

 5  judgment debtor has exhibited a continuing pattern of failing

 6  to timely make the required periodic payments, the court

 7  shall:

 8         a.  Order that all remaining amounts of the award be

 9  paid by lump sum within 30 days after entry of the order;

10         b.  Order that, in addition to the required periodic

11  payments, the judgment debtor pay the claimant all damages

12  caused by the failure to timely make periodic payments,

13  including court costs and attorney's fees; or

14         c.  Enter other orders or sanctions as appropriate to

15  protect the judgment creditor.

16         2.  If it appears that the judgment debtor may be

17  insolvent or that there is a substantial risk that the

18  judgment debtor may not have the financial responsibility to

19  pay all amounts due and owing the judgment creditor, the court

20  may:

21         a.  Order additional security;

22         b.  Order that the balance of payments due be placed in

23  trust for the benefit of the claimant;

24         c.  Order that all remaining amounts of the award be

25  paid by lump sum within 30 days after entry of the order; or

26         d.  Order such other protection as may be necessary to

27  assure the payment of the remaining balance of the judgment.

28         (e)  The judgment providing for payment of future

29  damages by periodic payments shall specify the recipient or

30  recipients of the payments, the dollar amounts of the

31  payments, the interval between payments, and the number of

                                  18

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  payments or the period of time over which payments shall be

 2  made.  Periodic payments shall be subject to modification only

 3  as specified in this subsection.

 4         (f)  Claimant's attorney's fee, if payable from the

 5  judgment, shall be based upon the total judgment, adding all

 6  amounts awarded for past and future damages.  The attorney's

 7  fee shall be paid from past and future damages in the same

 8  proportion. If a claimant has agreed to pay her or his

 9  attorney's fees on a contingency fee basis, the claimant shall

10  be responsible for paying the agreed percentage calculated

11  solely on the basis of that portion of the award not subject

12  to periodic payments.  The remaining unpaid portion of the

13  attorney's fees shall be paid in a lump sum by the defendant,

14  who shall receive credit against future payments for this

15  amount.  However, the credit against each future payment is

16  limited to an amount equal to the contingency fee percentage

17  of each periodic payment.  Any provision of this paragraph may

18  be modified by the agreement of all interested parties.

19         (g)  Nothing in this subsection shall preclude any

20  other method of payment of awards, if such method is consented

21  to by the parties.

22         Section 10.  Section 47.025, Florida Statutes, is

23  created to read:

24         47.025  Actions against contractors.--Any venue

25  provision in a contract for improvement to real property which

26  requires legal action involving a resident contractor,

27  subcontractor, sub-subcontractor, or materialman, as defined

28  in part I of chapter 713, to be brought outside this state is

29  void as a matter of public policy. To the extent that the

30  venue provision in the contract is void under this section,

31  any legal action arising out of that contract shall be brought

                                  19

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  only in this state in the county where the defendant resides,

 2  where the cause of action accrued, or where the property in

 3  litigation is located, unless, after the dispute arises, the

 4  parties stipulate to another venue.

 5         Section 11.  Through the state's uniform case reporting

 6  system, the clerk of court shall report to the Office of the

 7  State Courts Administrator information from each settlement or

 8  jury verdict and final judgment in negligence cases as defined

 9  in section 768.81(4), Florida Statutes, as the President of

10  the Senate and the Speaker of the House of Representatives

11  deem necessary from time to time. The information shall

12  include, but need not be limited to:  the name of each

13  plaintiff and defendant; the verdict; the percentage of fault

14  of each; the amount of economic damages and noneconomic

15  damages awarded to each plaintiff, identifying those damages

16  that are to be paid jointly and severally and by which

17  defendants; and the amount of any punitive damages to be paid

18  by each defendant.

19         Section 12.  Subsection (3) of section 768.81, Florida

20  Statutes, is amended, and subsection (5) of that section is

21  repealed, to read:

22         768.81  Comparative fault.--

23         (3)  APPORTIONMENT OF DAMAGES.--In cases to which this

24  section applies, the court shall enter judgment against each

25  party liable on the basis of such party's percentage of fault

26  and not on the basis of the doctrine of joint and several

27  liability; provided that with respect to any party whose

28  percentage of fault equals or exceeds that of a particular

29  claimant and whose fault exceeds 25 percent, the court shall

30  enter judgment with respect to economic damages against that

31  party on the basis of the doctrine of joint and several

                                  20

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  liability.

 2         (5)  APPLICABILITY OF JOINT AND SEVERAL

 3  LIABILITY.--Notwithstanding the provisions of this section,

 4  the doctrine of joint and several liability applies to all

 5  actions in which the total amount of damages does not exceed

 6  $25,000.

 7         Section 13.  (1)  The Department of Insurance shall,

 8  after issuing a request for proposals, contract with a

 9  national independent actuarial firm to conduct an actuarial

10  analysis, consistent with generally accepted actuarial

11  practices, of the expected reduction in liability judgments,

12  settlements, and related costs resulting from the provisions

13  of this act. The analysis must be based on credible loss-cost

14  data derived from the settlement or adjudication of liability

15  claims, other than liability claims insured under private

16  passenger automobile insurance or personal lines residential

17  property insurance, accruing after October 1, 1999. The

18  analysis must include an estimate of the percentage decrease

19  in such judgments, settlements, and costs by type of coverage

20  affected by this act, including the time period when such

21  savings or reductions are expected.

22         (2)  The report must be completed and submitted to the

23  Department of Insurance by March 1, 2001.

24         (3)  After March 1, 2001, the Department of Insurance

25  shall review the filed rates of insurers and underwriting

26  profits and losses for Florida liability insurance businesses

27  and shall require any prospective rate modifications that the

28  department deems necessary, consistent with the applicable

29  rating law, in order to cause the rates of any specific

30  insurer to comply with the applicable rating law. The

31  department shall require each liability insurer's first rate

                                  21

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  filing after March 1, 2001, other than rate filings for

 2  private passenger automobile insurance or personal lines

 3  residential property insurance, to include specific data on

 4  the impact of this act on the insurer's liability judgments,

 5  settlements, and costs for the purpose of enabling the

 6  department and the Legislature to accurately monitor and

 7  evaluate the effects of this act.

 8         (4)  The report under subsection (1) is admissible in

 9  any proceedings relating to a liability insurance rate filing

10  if the actuary who prepared the report is made available by

11  the department to testify regarding the report's preparation

12  and validity. Each party shall otherwise bear its own cost of

13  any such proceeding.

14         (5)  This section does not limit the authority of the

15  department to order an insurer to refund excessive profits, as

16  provided in sections 627.066 and 627.215, Florida Statutes.

17         Section 14.  Subsections (6), (7), and (8) are added to

18  section 400.023, Florida Statutes, to read:

19         400.023  Civil enforcement.--

20         (6)  To recover attorney's fees under this section, the

21  following conditions precedent must be met:

22         (a)  Within 120 days after the filing of a responsive

23  pleading or defensive motion to a complaint brought under this

24  section and before trial, the parties or their designated

25  representatives shall meet in mediation to discuss the issues

26  of liability and damages in accordance with this paragraph for

27  the purpose of an early resolution of the matter.

28         1.  Within 60 days after the filing of the responsive

29  pleading or defensive motion, the parties shall:

30         a.  Agree on a mediator. If the parties cannot agree on

31  a mediator, the defendant shall immediately notify the court,

                                  22

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  which shall appoint a mediator within 10 days after such

 2  notice.

 3         b.  Set a date for mediation.

 4         c.  Prepare an order for the court that identifies the

 5  mediator, the scheduled date of the mediation, and other terms

 6  of the mediation. Absent any disagreement between the parties,

 7  the court may issue the order for the mediation submitted by

 8  the parties without a hearing.

 9         2.  The mediation must be concluded within 120 days

10  after the filing of a responsive pleading or defensive motion.

11  The date may be extended only by agreement of all parties

12  subject to mediation under this subsection.

13         3.  The mediation shall be conducted in the following

14  manner:

15         a.  Each party shall ensure that all persons necessary

16  for complete settlement authority are present at the

17  mediation.

18         b.  Each party shall mediate in good faith.

19         4.  All aspects of the mediation which are not

20  specifically established by this subsection must be conducted

21  according to the rules of practice and procedure adopted by

22  the Supreme Court of this state.

23         (b)  If the parties do not settle the case pursuant to

24  mediation, the last offer of the defendant made at mediation

25  shall be recorded by the mediator in a written report that

26  states the amount of the offer, the date the offer was made in

27  writing, and the date the offer was rejected. If the matter

28  subsequently proceeds to trial under this section and the

29  plaintiff prevails but is awarded an amount in damages,

30  exclusive of attorney's fees, which is equal to or less than

31  the last offer made by the defendant at mediation, the

                                  23

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  plaintiff is not entitled to recover any attorney's fees.

 2         (c)  This subsection applies only to claims for

 3  liability and damages and does not apply to actions for

 4  injunctive relief.

 5         (d)  This subsection applies to all causes of action

 6  that accrue on or after October 1, 1999.

 7         (7)  Discovery of financial information for the purpose

 8  of determining the value of punitive damages may not be had

 9  unless the plaintiff shows the court by proffer or evidence in

10  the record that a reasonable basis exists to support a claim

11  for punitive damages.

12         (8)  In addition to any other standards for punitive

13  damages, any award of punitive damages must be reasonable in

14  light of the actual harm suffered by the resident and the

15  egregiousness of the conduct that caused the actual harm to

16  the resident.

17         Section 15.  Effective October 1, 1999, the minimum per

18  claim financial responsibility required under sections

19  458.320(2)(b) and (c) and 459.0085(2)(b) and (c), Florida

20  Statutes, shall be increased from $250,000 to $500,000 and the

21  minimum aggregate requirement specified in said sections shall

22  be increased from $750,000 to $1,000,000; provided, further

23  that the provisions of sections 458.320(5)(g) and

24  459.0085(5)(g), Florida Statutes, respectively, shall not

25  apply to any physician or osteopathic physician with hospital

26  staff privileges.

27         Section 16.  Section 768.1256, Florida Statutes, is

28  created to read:

29         768.1256  Government rules defense.--

30         (1)  In a product liability action brought against a

31  manufacturer or seller for harm allegedly caused by a product,

                                  24

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  there is a rebuttable presumption pursuant to s. 90.302(1)

 2  that the product is not defective or unreasonably dangerous

 3  and the manufacturer or seller is not liable if, at the time

 4  the specific unit of the product was sold or delivered to the

 5  initial purchaser or user, the aspect of the product that

 6  allegedly caused the harm:

 7         (a)  Complied with federal or state codes, statutes,

 8  rules, regulations or standards relevant to the event causing

 9  the death or injury;

10         (b)  The codes, statutes, rules, regulations or

11  standards are designed to prevent the type of harm that

12  allegedly occurred; and

13         (c)  Compliance with the codes, statutes, rules,

14  regulations or standards is required as a condition for

15  selling or distributing the product.

16         (2)  In a product liability action as described in

17  subsection (1), there is a rebuttable presumption pursuant to

18  s. 90.302(1) that the product is defective or unreasonably

19  dangerous and the manufacturer or seller is liable if the

20  manufacturer or seller did not comply with the federal or

21  state codes, statutes, rules, regulations or standards which:

22         (a)  Were relevant to the event causing the death or

23  injury;

24         (b)  Are designed to prevent the type of harm that

25  allegedly occurred; and

26         (c)  Require compliance as a condition for selling or

27  distributing the product.

28         (3)  This section does not apply to an action brought

29  for harm allegedly caused by a drug that is ordered off the

30  market or seized by the Federal Food and Drug Administration.

31         Section 17.  Section 768.096, Florida Statutes, is

                                  25

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  created to read:

 2         768.096  Employer presumption against negligent

 3  hiring.--

 4         (1)  In a civil action for the death of, or injury or

 5  damage to, a third person caused by the intentional tort of an

 6  employee, such employee's employer is presumed not to have

 7  been negligent in hiring such employee if, before hiring the

 8  employee, the employer conducted a background investigation of

 9  the prospective employee and the investigation did not reveal

10  any information that reasonably demonstrated the unsuitability

11  of the prospective employee for the particular work to be

12  performed or for the employment in general. A background

13  investigation under this section must include:

14         (a)  Obtaining a criminal background investigation on

15  the prospective employee under subsection (2);

16         (b)  Making a reasonable effort to contact references

17  and former employers of the prospective employee concerning

18  the suitability of the prospective employee for employment;

19         (c)  Requiring the prospective employee to complete a

20  job application form that includes questions concerning

21  whether he or she has ever been convicted of a crime,

22  including details concerning the type of crime, the date of

23  conviction and the penalty imposed, and whether the

24  prospective employee has ever been a defendant in a civil

25  action for intentional tort, including the nature of the

26  intentional tort and the disposition of the action;

27         (d)  Obtaining, with written authorization from the

28  prospective employee, a check of the driver's license record

29  of the prospective employee if such a check is relevant to the

30  work the employee will be performing and if the record can

31  reasonably be obtained; and

                                  26

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1         (e)  Interviewing the prospective employee.

 2         (2)  To satisfy the criminal-background-investigation

 3  requirement of this section, an employer must request and

 4  obtain from the Department of Law Enforcement a check of the

 5  information as reported and reflected in the Florida Crime

 6  Information Center system as of the date of the request.

 7         (3)  The election by an employer not to conduct the

 8  investigation specified in subsection (1) does not raise any

 9  presumption that the employer failed to use reasonable care in

10  hiring an employee.

11         Section 18.  Section 768.095, Florida Statutes, is

12  amended to read:

13         768.095  Employer immunity from liability; disclosure

14  of information regarding former or current employees.--An

15  employer who discloses information about a former or current

16  employee employee's job performance to a prospective employer

17  of the former or current employee upon request of the

18  prospective employer or of the former or current employee is

19  presumed to be acting in good faith and, unless lack of good

20  faith is shown by clear and convincing evidence, is immune

21  from civil liability for such disclosure or its consequences

22  unless it is shown by clear and convincing evidence. For

23  purposes of this section, the presumption of good faith is

24  rebutted upon a showing that the information disclosed by the

25  former or current employer was knowingly false or deliberately

26  misleading, was rendered with malicious purpose, or violated

27  any civil right of the former or current employee protected

28  under chapter 760.

29         Section 19.  Section 768.071, Florida Statutes, is

30  created to read:

31         768.071  Business premises liability; areas outside

                                  27

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  enclosed buildings.--Notwithstanding any other provision of

 2  law to the contrary, a person or organization owning or

 3  controlling an interest in a business premises shall be liable

 4  for civil damages for the death of, or injury or damage to, an

 5  invitee or guest caused by a criminal act committed by a

 6  person who is not an employee or agent of the business and

 7  occurring on part of the business premises that is not within

 8  an enclosed building only if the person or organization owning

 9  or controlling an interest in the business premises

10  disregarded his or her duty to protect invitees or guests on

11  the property. For purposes of this section a person or

12  organization owning or controlling an interest in a business

13  premises may be found to have disregarded his or her duty to

14  protect invitees or guests only if the person or organization

15  owning or controlling an interest in the business premises

16  knew that a criminal act was likely to occur on the portions

17  of the property that are not within an enclosed building and

18  failed to take any corrective action which could have

19  prevented the injury.

20         Section 20.  Section 768.075, Florida Statutes, is

21  amended to read:

22         768.075  Immunity from liability for injury to

23  trespassers on real property.--

24         (1)  A person or organization owning or controlling an

25  interest in real property, or an agent of such person or

26  organization, shall not be held liable for any civil damages

27  for death of or injury or damage to a trespasser upon the

28  property resulting from or arising by reason of the

29  trespasser's commission of the offense of trespass as

30  described in s. 810.08 or s. 810.09, when such trespasser was

31  under the influence of alcoholic beverages with a

                                  28

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  blood-alcohol level of 0.08 0.10 percent or higher, when such

 2  trespasser was under the influence of any chemical substance

 3  set forth in s. 877.111, when such trespasser was illegally

 4  under the influence of any substance controlled under chapter

 5  893, or if the trespasser is affected by any of the aforesaid

 6  substances to the extent that her or his normal faculties are

 7  impaired. For the purposes of this section, voluntary

 8  intoxication or impediment of faculties by use of alcohol or

 9  any of the aforementioned substances shall not excuse a party

10  bringing an action or on whose behalf an action is brought

11  from proving the elements of trespass. However, the person or

12  organization owning or controlling the interest in real

13  property shall not be immune from liability if gross

14  negligence or intentional willful and wanton misconduct on the

15  part of such person or organization or agent thereof is a

16  proximate cause of the death of or injury or damage to the

17  trespasser.

18         (2)  A person or organization owning or controlling an

19  interest in real property, or an agent of such person or

20  organization, is not liable for any civil damages for the

21  death of or injury or damage to any discovered or undiscovered

22  trespasser, except as provided in paragraphs (3)(a), (b), and

23  (c), and regardless of whether the trespasser was intoxicated

24  or otherwise impaired.

25         (3)(a)  As used in this subsection, the term:

26         1.  "Invitation" means that the visitor entering the

27  premises has an objectively reasonable belief that he or she

28  has been invited or is otherwise welcome on that portion of

29  the real property where injury occurs.

30         2.  "Discovered trespasser" means a person who enters

31  real property without invitation, either express or implied,

                                  29

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  and whose actual physical presence was detected, within 24

 2  hours preceding the accident, by the person or organization

 3  owning or controlling an interest in real property or to whose

 4  actual physical presence the person or organization owning or

 5  controlling an interest in real property was alerted by a

 6  reliable source within 24 hours preceding the accident. The

 7  status of a person who enters real property shall not be

 8  elevated to that of an invitee, unless the person or

 9  organization owning or controlling an interest in real

10  property has issued an express invitation to enter the

11  property or has manifested a clear intent to hold the property

12  open to use by persons pursuing purposes such as those pursued

13  by the person whose status is at issue.

14         3.  "Undiscovered trespasser" means a person who enters

15  property without invitation, either express or implied, and

16  whose actual physical presence was not detected, within 24

17  hours preceding the accident, by the person or organization

18  owning or controlling an interest in real property.

19         (b)  To avoid liability to undiscovered trespassers, a

20  person or organization owning or controlling an interest in

21  real property must refrain from intentional misconduct, but

22  has no duty to warn of dangerous conditions. To avoid

23  liability to discovered trespassers, a person or organization

24  owning or controlling an interest in real property must

25  refrain from gross negligence or intentional misconduct, and

26  must warn the trespasser of dangerous conditions that are

27  known to the person or organization owning or controlling an

28  interest in real property but that are not readily observable

29  by others.

30         (c)  This subsection shall not be interpreted or

31  construed to alter the common law as it pertains to the

                                  30

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  "attractive nuisance doctrine."

 2         (4)  A person or organization owning or controlling an

 3  interest in real property, or an agent of such person or

 4  organization, shall not be held liable for negligence that

 5  results in the death of, injury to, or damage to a person who

 6  is attempting to commit a felony or who is engaged in the

 7  commission of a felony on the property.

 8         Section 21.  Section 768.36, Florida Statutes, is

 9  created to read:

10         768.36  Alcohol or drug defense.--

11         (1)  As used in this section, the term:

12         (a)  "Alcoholic beverage" means distilled spirits and

13  any beverage that contains 0.5 percent or more alcohol by

14  volume as determined in accordance with s. 561.01(4)(b).

15         (b)  "Drug" means any chemical substance set forth in

16  s. 877.111 or any substance controlled under chapter 893. The

17  term does not include any drug or medication obtained pursuant

18  to a prescription as defined in s. 893.02 which was taken in

19  accordance with the prescription, or any medication that is

20  authorized under state or federal law for general distribution

21  and use without a prescription in treating human diseases,

22  ailments, or injuries and that was taken in the recommended

23  dosage.

24         (2)  In any civil action, a plaintiff may not recover

25  any damages for loss or injury to his or her person or

26  property if the trier of fact finds that, at the time the

27  plaintiff was injured:

28         (a)  The plaintiff was under the influence of any

29  alcoholic beverage or drug to the extent that the plaintiff's

30  normal faculties were impaired or the plaintiff had a blood or

31  breath alcohol level of 0.08 percent or higher; and

                                  31

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1         (b)  As a result of the influence of such alcoholic

 2  beverage or drug the plaintiff was more than 50 percent at

 3  fault for his or her own harm.

 4         Section 22.  Section 768.098, Florida Statutes, is

 5  created to read:

 6         768.098  Limitation of liability for employee

 7  leasing.--

 8         (1)  An employer in a joint employment relationship

 9  pursuant to s. 468.520 shall not be liable for the tortious

10  actions of another employer in that relationship, or for the

11  tortious actions of any jointly employed employee under that

12  relationship, provided that:

13         (a)  The employer seeking to avoid liability pursuant

14  to this section did not authorize or direct the tortious

15  action;

16         (b)  The employer seeking to avoid liability pursuant

17  to this section did not have actual knowledge of the tortious

18  conduct and fail to take appropriate action;

19         (c)  The employer seeking to avoid liability pursuant

20  to this section did not have actual control over the day to

21  day job duties of the jointly employed employee who has

22  committed a tortious act nor actual control over the portion

23  of a job site at which or from which the tortious conduct

24  arose or at which and from which a jointly employed employee

25  worked, and that said control was assigned to the other

26  employer under the contract;

27         (d)  The employer seeking to avoid liability pursuant

28  to this section is expressly absolved in the written contract

29  forming the joint employment relationship of control over the

30  day to day job duties of the jointly employed employee who has

31  committed a tortious act, and of the portion of the job site

                                  32

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  at which or from which the tortious conduct arose or at which

 2  and from which the jointly employed employee worked, and that

 3  said control was assigned to the other employer under the

 4  contract; and

 5         (e)  Complaints, allegations or incidents of any

 6  tortious misconduct or workplace safety violations, regardless

 7  of the source, are required to be reported to the employer

 8  seeking to avoid liability pursuant to this section by all

 9  other joint employers under the written contract forming the

10  joint employment relationship, and that the employer seeking

11  to avoid liability pursuant to this section did not fail to

12  take appropriate action as a result of receiving any such

13  report related to a jointly employed employee who has

14  committed a tortious act.

15         (2)  An employer seeking to avoid liability pursuant to

16  this section shall not be presumed to have actual control over

17  the day to day job duties of the jointly employed employee who

18  has committed a tortious act, nor actual control over the

19  portion of a job site at which or from which that employee

20  worked, based solely upon the fact that the employee at issue

21  is a leased employee.

22         (3)  This section shall not alter any responsibilities

23  of the joint employer who has actual control over the day to

24  day job duties of the jointly employed employee and who has

25  actual control over the portion of a job site at which or from

26  which the employee is employed, which arises from s. 768.096.

27         Section 23.  Section 768.725, Florida Statutes, is

28  created to read:

29         768.725  Punitive damages; burden of proof.--In all

30  civil actions the plaintiff must establish at trial by clear

31  and convincing evidence its entitlement to an award of

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  punitive damages. The "greater weight of the evidence" burden

 2  of proof applies to a determination of the amount of damages.

 3         Section 24.  Section 768.72, Florida Statutes, is

 4  amended to read:

 5         768.72  Pleading in civil actions; claim for punitive

 6  damages.--

 7         (1)  In any civil action, no claim for punitive damages

 8  shall be permitted unless there is a reasonable showing by

 9  evidence in the record or proffered by the claimant which

10  would provide a reasonable basis for recovery of such damages.

11  The claimant may move to amend her or his complaint to assert

12  a claim for punitive damages as allowed by the rules of civil

13  procedure.  The rules of civil procedure shall be liberally

14  construed so as to allow the claimant discovery of evidence

15  which appears reasonably calculated to lead to admissible

16  evidence on the issue of punitive damages.  No discovery of

17  financial worth shall proceed until after the pleading

18  concerning punitive damages is permitted.

19         (2)  A defendant may be held liable for punitive

20  damages only if the trier of fact, based on clear and

21  convincing evidence, finds that the defendant was personally

22  guilty of intentional misconduct or gross negligence. As used

23  in this section, the term:

24         (a)  "Intentional misconduct" means that the defendant

25  had actual knowledge of the wrongfulness of the conduct and

26  the high probability that injury or damage to the claimant

27  would result and, despite that knowledge, intentionally

28  pursued that course of conduct, resulting in injury or damage.

29         (b)  "Gross negligence" means that the defendant's

30  conduct was so reckless or wanting in care that it constituted

31  a conscious disregard or indifference to the life, safety, or

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  rights of persons exposed to such conduct.

 2         (3)  In the case of an employer, principal,

 3  corporation, or other legal entity, punitive damages may be

 4  imposed for the conduct of an employee or agent only if the

 5  conduct of the employee or agent meets the criteria specified

 6  in subsection (2) and:

 7         (a)  The employer, principal, corporation, or other

 8  legal entity actively and knowingly participated in such

 9  conduct;

10         (b)  The officers, directors, or managers of the

11  employer, principal, corporation, or other legal entity

12  knowingly condoned, ratified, or consented to such conduct; or

13         (c)  The employer, principal, corporation, or other

14  legal entity engaged in conduct that constituted gross

15  negligence and that contributed to the loss, damages, or

16  injury suffered by the claimant.

17         (4)  The provisions of this section are remedial in

18  nature and must be applied to all civil actions pending on

19  October 1, 1999, in which the trial or retrial of the action

20  has not commenced.

21         Section 25.  Section 768.73, Florida Statutes, is

22  amended to read:

23         768.73  Punitive damages; limitation.--

24         (1)(a)  In any civil action in which the judgment for

25  compensatory damages is for $50,000 or less, judgment for

26  punitive damages awarded to a claimant may not exceed

27  $250,000, except as provided in paragraph (b). In any civil

28  action in which the judgment for compensatory damages exceeds

29  $50,000, the judgment for punitive damages awarded to a

30  claimant may not exceed three times the amount of compensatory

31  damages or $250,000, whichever is higher, except as provided

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  in paragraph (b). based on negligence, strict liability,

 2  products liability, misconduct in commercial transactions,

 3  professional liability, or breach of warranty, and involving

 4  willful, wanton, or gross misconduct, the judgment for the

 5  total amount of punitive damages awarded to a claimant may not

 6  exceed three times the amount of compensatory damages awarded

 7  to each person entitled thereto by the trier of fact, except

 8  as provided in paragraph (b).  However, this subsection does

 9  not apply to any class action.

10         (b)  An If any award for punitive damages may not

11  exceed exceeds the limitations limitation specified in

12  paragraph (a), the award is presumed to be excessive and the

13  defendant is entitled to remittitur of the amount in excess of

14  the limitation unless the claimant demonstrates to the court

15  by clear and convincing evidence that the defendant engaged in

16  intentional misconduct or gross negligence and that the award

17  is not excessive in light of the facts and circumstances which

18  were presented to the trier of fact.

19         (c)  This subsection is not intended to prohibit an

20  appropriate court from exercising its jurisdiction under s.

21  768.74 in determining the reasonableness of an award of

22  punitive damages that is less than three times the amount of

23  compensatory damages.

24         (2)(a)  Except as provided in paragraph (b), punitive

25  damages may not be awarded against a defendant in a civil

26  action if that defendant establishes, before trial, that

27  punitive damages have previously been awarded against that

28  defendant in any state or federal court in any action alleging

29  harm from the same act or single course of conduct for which

30  the claimant seeks compensatory damages. For purposes of a

31  civil action, the term "the same act or single course of

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  conduct" includes acts resulting in the same manufacturing

 2  defects, acts resulting in the same defects in design, or

 3  failure to warn of the same hazards, with respect to similar

 4  units of a product.

 5         (b)  In subsequent civil actions involving the same act

 6  or single course of conduct for which punitive damages have

 7  already been awarded, if the court determines by clear and

 8  convincing evidence that the amount of prior punitive damages

 9  awarded was insufficient to punish that defendant's behavior,

10  the court may permit a jury to consider an award of subsequent

11  punitive damages. In permitting a jury to consider awarding

12  subsequent punitive damages, the court shall make specific

13  findings of fact in the record to support its conclusion. In

14  addition, the court may consider whether the defendant's act

15  or course of conduct has ceased. Any subsequent punitive

16  damage awards must be reduced by the amount of any earlier

17  punitive damage awards rendered in state or federal court.

18         (3)  The claimant attorney's fees, if payable from the

19  judgment, are, to the extent that the fees are based on the

20  punitive damages, calculated based on the final judgment for

21  punitive damages. This subsection does not limit the payment

22  of attorney's fees based upon an award of damages other than

23  punitive damages.

24         (4)(2)  The jury may neither be instructed nor informed

25  as to the provisions of this section.

26         (5)  The provisions of this section are remedial in

27  nature and must be applied to all civil actions pending on

28  October 1, 1999, in which the trial or retrial of the action

29  has not commenced.

30         Section 26.  Section 768.735, Florida Statutes, is

31  created to read:

                                  37

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1         768.735  Punitive damages; exceptions; limitation.--

 2         (1)  Sections 768.72(2)-(4), 768.725, and 768.73 do not

 3  apply to any civil action based upon child abuse, abuse of the

 4  elderly, or abuse of the developmentally disabled or any civil

 5  action arising under chapter 400. Such actions are governed by

 6  applicable statutes and controlling judicial precedent.

 7         (2)(a)  In any civil action based upon child abuse,

 8  abuse of the elderly, or abuse of the developmentally

 9  disabled, or actions arising under chapter 400 and involving

10  the award of punitive damages, the judgment for the total

11  amount of punitive damages awarded to a claimant may not

12  exceed three times the amount of compensatory damages awarded

13  to each person entitled thereto by the trier of fact, except

14  as provided in paragraph (b). This subsection does not apply

15  to any class action.

16         (b)  If any award for punitive damages exceeds the

17  limitation specified in paragraph (a), the award is presumed

18  to be excessive and the defendant is entitled to remittitur of

19  the amount in excess of the limitation unless the claimant

20  demonstrates to the court by clear and convincing evidence

21  that the award is not excessive in light of the facts and

22  circumstances that were presented to the trier of fact.

23         (c)  This subsection is not intended to prohibit an

24  appropriate court from exercising its jurisdiction under s.

25  768.74 in determining the reasonableness of an award of

26  punitive damages which is less than three times the amount of

27  compensatory damages.

28         (d)  The jury may not be instructed or informed as to

29  the provisions of this section.

30         Section 27.  Section 768.736, Florida Statutes, is

31  created to read:

                                  38

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1         768.736  Punitive damages; exceptions for

 2  intoxication.--Sections 768.725 and 768.73 do not apply to any

 3  defendant who, at the time of the act or omission for which

 4  punitive damages are sought, was under the influence of any

 5  alcoholic beverage or drug to the extent that the defendant's

 6  normal faculties were impaired, or who had a blood or breath

 7  alcohol level of 0.08 percent or higher.

 8         Section 28.  Paragraph (b) of subsection (9) of section

 9  324.021, Florida Statutes, is amended, and paragraph (c) is

10  added to that subsection, to read:

11         324.021  Definitions; minimum insurance required.--The

12  following words and phrases when used in this chapter shall,

13  for the purpose of this chapter, have the meanings

14  respectively ascribed to them in this section, except in those

15  instances where the context clearly indicates a different

16  meaning:

17         (9)  OWNER; OWNER/LESSOR.--

18         (b)  Owner/lessor.--Notwithstanding any other provision

19  of the Florida Statutes or existing case law:,

20         1.  The lessor, under an agreement to lease a motor

21  vehicle for 1 year or longer which requires the lessee to

22  obtain insurance acceptable to the lessor which contains

23  limits not less than $100,000/$300,000 bodily injury liability

24  and $50,000 property damage liability or not less than

25  $500,000 combined property damage liability and bodily injury

26  liability, shall not be deemed the owner of said motor vehicle

27  for the purpose of determining financial responsibility for

28  the operation of said motor vehicle or for the acts of the

29  operator in connection therewith; further, this subparagraph

30  paragraph shall be applicable so long as the insurance meeting

31  these requirements is in effect.  The insurance meeting such

                                  39

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  requirements may be obtained by the lessor or lessee,

 2  provided, if such insurance is obtained by the lessor, the

 3  combined coverage for bodily injury liability and property

 4  damage liability shall contain limits of not less than $1

 5  million and may be provided by a lessor's blanket policy.

 6         2.  The lessor, under an agreement to rent or lease a

 7  motor vehicle for a period of less than 1 year, shall be

 8  deemed the owner of the motor vehicle for the purpose of

 9  determining liability for the operation of the vehicle or the

10  acts of the operator in connection therewith only up to

11  $100,000 per person and up to $300,000 per incident for bodily

12  injury and up to $50,000 for property damage. If the lessee or

13  the operator of the motor vehicle is uninsured or has any

14  insurance with limits less than $500,000 combined property

15  damage and bodily injury liability, the lessor shall be liable

16  for up to an additional $500,000 in economic damages only

17  arising out of the use of the motor vehicle.  The additional

18  specified liability of the lessor for economic damages shall

19  be reduced by amounts actually recovered from the lessee, from

20  the operator, and from any insurance or self insurance

21  covering the lessee or operator.  Nothing in this subparagraph

22  shall be construed to affect the liability of the lessor for

23  its own negligence.

24         3.  The owner who is a natural person and loans a motor

25  vehicle to any permissive user other than a relative residing

26  in the same household as defined in s. 627.732(4) shall be

27  liable for the operation of the vehicle or the acts of the

28  operator in connection therewith only up to $100,000 per

29  person and up to $300,000 per incident for bodily injury and

30  up to $50,000 for property damage. If the permissive user of

31  the motor vehicle is uninsured or has any insurance with

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  limits less than $500,000 combined property damage and bodily

 2  injury liability, the owner shall be liable for up to an

 3  additional $500,000 in economic damages only arising out of

 4  the use of the motor vehicle. The additional specified

 5  liability of the owner for economic damages shall be reduced

 6  by amounts actually recovered from the permissive user and

 7  from any insurance or self-insurance covering the permissive

 8  user. Nothing in this subparagraph shall be construed to

 9  affect the liability of the owner for his or her own

10  negligence.

11         (c)  Application.--The limits on liability in

12  subparagraphs (b)2. and 3. do not apply to an owner of motor

13  vehicles that are used for commercial activity in the owner's

14  ordinary course of business, other than a rental company that

15  rents or leases motor vehicles. For purposes of this

16  paragraph, the term "rental company" includes only an entity

17  that is engaged in the business of renting or leasing motor

18  vehicles to the general public and that rents or leases a

19  majority of its motor vehicles to persons with no direct or

20  indirect affiliation with the rental company. The term also

21  includes a motor vehicle dealer that provides temporary

22  replacement vehicles to its customers for up to 10 days.

23  Furthermore, the limits on liability in subparagraphs (b)2.

24  and 3. do not apply to a motor vehicle that has a gross

25  vehicle weight of greater than 26,000 pounds.

26         Section 29.  Subsection (2) of section 95.031, Florida

27  Statutes, is amended to read:

28         95.031  Computation of time.--Except as provided in

29  subsection (2) and in s. 95.051 and elsewhere in these

30  statutes, the time within which an action shall be begun under

31  any statute of limitations runs from the time the cause of

                                  41

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  action accrues.

 2         (2)(a)  An action Actions for products liability and

 3  fraud under s. 95.11(3) must be begun within the period

 4  prescribed in this chapter, with the period running from the

 5  time the facts giving rise to the cause of action were

 6  discovered or should have been discovered with the exercise of

 7  due diligence, instead of running from any date prescribed

 8  elsewhere in s. 95.11(3), but in any event an action for fraud

 9  under s. 95.11(3) must be begun within 12 years after the date

10  of the commission of the alleged fraud, regardless of the date

11  the fraud was or should have been discovered.

12         (b)  An action for products liability under s. 95.11(3)

13  must be begun within the period prescribed in this chapter,

14  with the period running from the date that the facts giving

15  rise to the cause of action were discovered, or should have

16  been discovered with the exercise of due diligence, rather

17  than running from any other date prescribed elsewhere in s.

18  95.11(3), but in no event may an action for products liability

19  under s. 95.11(3) be commenced unless the complaint is served

20  and filed within 18 years after the date of delivery of the

21  product to its first purchaser or lessee who was not engaged

22  in the business of selling or leasing the product or of using

23  the product as a component in the manufacture of another

24  product, regardless of the date that the defect in the product

25  was or should have been discovered. However, the 18-year

26  limitation on filing an action for products liability does not

27  apply if the manufacturer knew of a defect in the product and

28  concealed or attempted to conceal this defect. In addition,

29  the 18-year limitation does not apply if the claimant was

30  exposed to or used the product within the 18-year period, but

31  an injury caused by such exposure or use did not manifest

                                  42

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1  itself until after the 18-year period.

 2         Section 30.  Any action for products liability which

 3  would not have been barred under section 95.031(2), Florida

 4  Statutes, prior to the amendments to that section made by this

 5  act may be commenced before July 1, 2003, and, if it is not

 6  commenced by that date and is barred by the amendments to

 7  section 95.031(2), Florida Statutes, made by this act, it

 8  shall be barred.

 9         Section 31.  If any provision of this act or the

10  application thereof to any person or circumstance is held

11  invalid, the invalidity does not affect other provisions or

12  applications of the act which can be given effect without the

13  invalid provision or application, and to this end the

14  provisions of this act are declared severable.

15         Section 32.  This act shall take effect October 1,

16  1999.

17

18

19  ================ T I T L E   A M E N D M E N T ===============

20  And the title is amended as follows:

21         On page 1,

22  remove from the title of the bill:  everything before the

23  enacting clause

24

25  and insert in lieu thereof:

26                  A bill to be entitled

27         An act relating to civil actions; creating s.

28         40.50, F.S.; providing for instructions to

29         juries after the jury is sworn in; providing

30         for the taking of notes under certain

31         circumstances; providing for notebooks;

                                  43

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1         providing for written questions; providing for

 2         final instructions; amending s. 44.102, F.S.;

 3         requiring that the court require mediation in

 4         certain actions for monetary damages; creating

 5         s. 44.1051, F.S.; providing for voluntary trial

 6         resolution; providing for the appointment of a

 7         trial resolution judge; providing for

 8         compensation; providing for fees; providing for

 9         the tolling of applicable statutes of

10         limitation; providing for powers of trial

11         resolution judges; providing for hearings and

12         evidence; providing for appeal; providing for

13         application; amending s. 57.105, F.S.; revising

14         conditions for award of attorney's fees for

15         presenting unsupported claims or defenses;

16         authorizing damage awards against a party for

17         unreasonable delay of litigation; authorizing

18         the court to impose additional sanctions;

19         amending s. 768.79, F.S.; providing for the

20         applicability of offers of judgment and demand

21         of judgment in cases involving multiple

22         plaintiffs; providing that subsequent offers

23         shall void previous offers; providing that

24         prior to awarding costs and fees the court

25         shall consider whether the proposal was

26         reasonably rejected; amending s. 57.071, F.S.;

27         providing criteria under which expert witness

28         fees may be awarded as taxable costs; providing

29         for expedited trials; amending s. 768.77, F.S.;

30         deleting a requirement to itemize future

31         damages on verdict forms; amending s. 768.78,

                                  44

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1         F.S.; providing for proposals for structured

 2         settlements; requiring structured-settlement

 3         discussion in settlement negotiations;

 4         requiring assignment of liability for payment

 5         to a third-party assignee selected by the

 6         plaintiff; granting the plaintiff the right to

 7         select a settlement broker; providing for

 8         findings in orders approving or adopting a

 9         settlement; conforming provisions relating to

10         alternative methods of payment of damage awards

11         to changes made by the act; correcting a

12         cross-reference; creating s. 47.025, F.S.;

13         providing that certain venue provisions in a

14         contract for improvement to real property are

15         void; specifying appropriate venue for actions

16         against resident contractors, subcontractors,

17         sub-subcontractors, and materialmen; requiring

18         the clerk of court to report certain

19         information on negligence cases to the Office

20         of the State Courts Administrator; amending s.

21         768.81, F.S.; providing for the apportionment

22         of damages on the basis of joint and several

23         liability when a party's fault exceeds a

24         certain percentage; repealing s. 768.81(5),

25         F.S.; relating to the applicability of joint

26         and several liability to actions in which the

27         total amount of damages does not exceed a

28         specified amount; requiring the Department of

29         Insurance to contract with an actuarial firm to

30         conduct an actuarial analysis of expected

31         reductions in judgments and related costs

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1         resulting from litigation reforms; specifying

 2         the basis and due date for the actuarial

 3         report; providing for a review of rate filings

 4         by certain types of insurers after a specified

 5         date; providing that such provisions do not

 6         limit the refund of excessive profits by

 7         certain insurers; creating s. 768.1256, F.S.;

 8         providing a government rules defense with

 9         respect to certain products liability actions;

10         providing for rebuttable presumptions;

11         providing an exception; amending s. 400.023,

12         F.S., relating to actions brought on behalf of

13         nursing home residents; providing that a party

14         to any such action may not recover attorney's

15         fees unless parties submit to mediation;

16         specifying requirements for such mediation;

17         providing for application; providing a standard

18         for any award of punitive damages; increasing

19         minimum financial responsibility requirements

20         for physicians and osteopathic physicians and

21         eliminating an alternative method of satisfying

22         financial responsibility requirements for

23         physicians and osteopathic physicians with

24         hospital staff privileges; creating s. 768.096,

25         F.S.; providing an employer with a presumption

26         against negligent hiring under specified

27         conditions in an action for civil damages

28         resulting from an intentional tort committed by

29         an employee; amending s. 768.095, F.S.;

30         revising the conditions under which an employer

31         is immune from civil liability for disclosing

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    hbd0020                     02:43 pm         00775-0119-832329




                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1         information regarding an employee to a

 2         prospective employer; creating s. 768.071,

 3         F.S.; providing limitations on premises

 4         liability for a person or organization owning

 5         or controlling an interest in a business

 6         premises; amending s. 768.075, F.S.; modifying

 7         the conditions under which a person or

 8         organization owning or controlling an interest

 9         in real property is liable for a trespasser's

10         injury or death; providing definitions;

11         providing for the avoidance of liability to

12         discovered and undiscovered trespassers under

13         described circumstances; providing immunity

14         from certain liability arising out of the

15         attempt to commit or the commission of a

16         felony; creating s. 768.36, F.S.; prohibiting a

17         plaintiff from recovering damages if plaintiff

18         is more than a specified percentage at fault

19         due to the influence of alcoholic beverages or

20         drugs; creating s. 768.098, F.S.; providing a

21         limitation of liability for employee leasing

22         under specified conditions; creating s.

23         768.725, F.S.; providing evidentiary standards

24         for an award of punitive damages; amending s.

25         768.72, F.S.; revising provisions with respect

26         to claims for punitive damages in civil

27         actions; requiring clear and convincing

28         evidence of gross negligence or intentional

29         misconduct to support the recovery of such

30         damages; providing definitions; providing

31         criteria for the imposition of punitive damages

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1         with respect to employers, principals,

 2         corporations, or other legal entities for the

 3         conduct of an employee or agent; providing for

 4         the application of the section; amending s.

 5         768.73, F.S.; revising provisions with respect

 6         to limitations on punitive damages; providing

 7         monetary limitations; providing an exception

 8         with respect to intentional misconduct;

 9         prohibiting the award of subsequent punitive

10         damages against a defendant if punitive damages

11         were previously awarded against the defendant

12         for harm arising out of the same act or single

13         course of conduct; providing an exception;

14         specifying the basis for calculating attorney's

15         fees on judgments for punitive damages;

16         providing for the application of the section;

17         creating s. 768.735, F.S.; providing that ss.

18         768.72(2)-(4), 768.725, and 768.73, F.S.,

19         relating to punitive damages, are inapplicable

20         to specified causes of action; limiting the

21         amount of punitive damages that may be awarded

22         to a claimant in certain civil actions

23         involving abuse or arising under ch. 400, F.S.;

24         creating s. 768.736, F.S.; providing that ss.

25         768.725 and 768.73, F.S., relating to punitive

26         damages, do not apply to intoxicated

27         defendants; amending s. 324.021, F.S.;

28         providing a limitation on the liability for

29         bodily injury, property, and economic damages

30         for certain lessors and owners of motor

31         vehicles; providing for applicability; amending

                                  48

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                                                   HOUSE AMENDMENT

    141-482AX-99                                   Bill No. HB 775

    Amendment No. 1 (for drafter's use only)





 1         s. 95.031; providing a statute of repose of 18

 2         years; providing for severability; providing an

 3         effective date.

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