House Bill 0775

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    Florida House of Representatives - 1999                 HB 775

        By the Committee on Judiciary and Representative Byrd






  1                      A bill to be entitled

  2         An act relating to civil actions; creating s.

  3         40.50, F.S.; providing for instructions to

  4         juries after the jury is sworn in; providing

  5         for the taking of notes under certain

  6         circumstances; providing for notebooks;

  7         providing for written questions; providing for

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

  9         requiring that the court require mediation in

10         certain actions for monetary damages; amending

11         s. 44.104, F.S.; providing for voluntary trial

12         resolution upon the agreement of parties to a

13         civil dispute; providing for the appointment

14         and compensation of a trial resolution judge;

15         providing guidelines for conducting a voluntary

16         trial resolution; providing for enforcement and

17         appeal; amending s. 57.105, F.S.; revising

18         conditions for award of attorney's fees for

19         presenting unsupported claims or defenses;

20         authorizing damage awards against a party for

21         unreasonable delay of litigation; authorizing

22         the court to impose additional sanctions;

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

24         applicability of offers of judgment and demand

25         of judgment in cases involving multiple

26         plaintiffs; providing that subsequent offers

27         shall void previous offers; providing that

28         prior to awarding costs and fees the court

29         shall determine whether the offer was

30         reasonable under the circumstances known at the

31         time the offer was made; amending s. 57.071,

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  1         F.S.; providing criteria under which expert

  2         witness fees may be awarded as taxable costs;

  3         providing for expedited trials; amending s.

  4         768.77, F.S.; deleting a requirement to itemize

  5         future damages on verdict forms; amending s.

  6         768.78, F.S.; conforming provisions relating to

  7         alternative methods of payment of damage awards

  8         to changes made by the act; correcting a cross

  9         reference; amending s. 95.031, F.S.; imposing a

10         12-year statute of repose on actions for

11         product liability, with certain exceptions;

12         specifying the date by which certain actions

13         must be brought or be otherwise barred by the

14         statute of repose; creating s. 768.1256, F.S.;

15         providing a government rules defense with

16         respect to certain product liability actions;

17         providing for a rebuttable presumption;

18         creating s. 768.0705, F.S.; providing

19         limitations on premises liability for a person

20         or organization owning or controlling an

21         interest in a business premises; providing for

22         a presumption against liability; providing

23         conditions for the presumption; amending s.

24         768.075, F.S.; delineating the duty owed to

25         trespassers by a person or organization owning

26         or controlling an interest in real property;

27         providing definitions; providing for the

28         avoidance of liability to discovered and

29         undiscovered trespassers under described

30         circumstances; providing immunity from certain

31         liability arising out of the attempt to commit

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  1         or the commission of a felony; creating s.

  2         768.725, F.S.; providing for evidentiary

  3         standards for an award of punitive damages;

  4         amending s. 768.72, F.S.; revising provisions

  5         with respect to claims for punitive damages in

  6         civil actions; requiring clear and convincing

  7         evidence of gross negligence or intentional

  8         misconduct to support the recovery of such

  9         damages; providing definitions; providing

10         criteria for the imposition of punitive damages

11         with respect to employers, principals,

12         corporations, or other legal entities for the

13         conduct of an employee or agent; providing for

14         the application of the section; amending s.

15         768.73, F.S.; revising provisions with respect

16         to limitations on punitive damages; providing

17         monetary limitations; providing an exception

18         with respect to intentional misconduct;

19         providing for the effect of certain previous

20         punitive damages awards; specifying the basis

21         for calculating attorney's fees on judgments

22         for punitive damages; providing for the

23         application of the section; creating s.

24         768.736, F.S.; providing that ss. 768.725 and

25         768.73, F.S., relating to punitive damages, do

26         not apply to intoxicated defendants; amending

27         s. 768.81, F.S.; providing for the

28         apportionment of damages on the basis of joint

29         and several liability when a party's fault

30         exceeds a certain percentage; limiting the

31         applicability of joint and several liability

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  1         based on the amount of damages; providing for

  2         the allocation of fault to a nonparty;

  3         requiring that such fault must be proved by a

  4         preponderance of the evidence; amending s.

  5         324.021, F.S.; providing that the lessor of a

  6         motor vehicle under certain rental agreements

  7         shall be deemed the owner of the vehicle for

  8         the purpose of determining liability for the

  9         operation of the vehicle within certain limits;

10         providing for the liability of the owner of a

11         motor vehicle who loans the vehicle to certain

12         users; providing for application; limiting

13         liability of parties to joint employment

14         arrangement; providing a definition of joint

15         employment; providing for severability;

16         providing an effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

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

21  to read:

22         40.50  Jury duty and instructions in civil cases.--

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

24  sworn, the court shall instruct the jury concerning its

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

26  for submitting written questions of witnesses, and the

27  elementary legal principles that will govern the proceeding as

28  provided in this section.

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

30  notes regarding the evidence and keep the notes to refresh

31  their memory and to use during recesses and deliberations. The

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  1  court may provide materials suitable for this purpose. The

  2  court should emphasize confidentiality of the notes.  After

  3  the jury has rendered its verdict, the notes shall be

  4  collected by the bailiff or clerk who shall promptly destroy

  5  them.

  6         (3)  If the court determines that the trial is likely

  7  to exceed 5 days, the court shall provide a notebook for each

  8  juror. Notebooks may contain:

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

10  including special instructions on the issues to be tried.

11         (b)  Jurors' notes.

12         (c)  Witnesses' names and either photographs or

13  biographies or both.

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

15  an index of all exhibits in evidence.

16         (e)  A glossary of technical terms.

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

18

19  The court may authorize documents and exhibits in evidence to

20  be included in notebooks for use by the jurors during trial to

21  aid them in performing their duties. The court should ensure

22  that preliminary jury instructions are removed, discarded, and

23  replaced by the final jury instructions before the court reads

24  the latter to the jury.

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

26  their notes and, in appropriate cases, notebooks during

27  recesses and deliberations.

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

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

30  The court shall give counsel an opportunity to object to such

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  1  questions outside the presence of the jury. The court may, as

  2  appropriate, limit the submission of questions to witnesses.

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

  4  questions directed to witnesses or the court must be in

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

  6  determines that the juror's question calls for admissible

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

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

  9  stipulation or other appropriate means, including, but not

10  limited to, additional testimony upon such terms and

11  limitations as the court prescribes. If the court determines

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

13  question shall not be read or answered. If the court rejects a

14  juror's question, the court should tell the jury that trial

15  rules do not permit some questions and that the jurors should

16  not attach any significance to the failure of having their

17  question asked.

18         (7)  The court may give final instructions to the jury

19  before closing arguments of counsel to enhance jurors' ability

20  to apply the law to the facts. In that event, the court may

21  withhold giving the necessary procedural and housekeeping

22  instructions until after closing arguments.

23         Section 2.  Subsection (2) of section 44.102, Florida

24  Statutes, is amended to read:

25         44.102  Court-ordered mediation.--

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

27         (a)  Must, upon request of one party, refer to

28  mediation any filed civil action for monetary damages,

29  provided the requesting party is willing and able to pay the

30  costs of the mediation or the costs can be equitably divided

31  between the parties, unless:

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

  2  does not include a claim for personal injury.

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

  4  debt.

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

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

  7  Rules.

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

  9  referral to nonbinding arbitration under this chapter.

10         6.  The parties have agreed to binding arbitration.

11         7.  The parties have agreed to an expedited trial

12  pursuant to section 7 of this act.

13         8.  The parties have agreed to voluntary trial

14  resolution pursuant to s. 44.104.

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

16  filed civil action for which mediation is not required under

17  this section.

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

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

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

21  or other parental responsibility issues as defined in s.

22  61.13. Upon motion or request of a party, a court shall not

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

24  history of domestic violence that would compromise the

25  mediation process.

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

27  services mediation program has been established, may refer to

28  mediation all or any portion of a matter relating to

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

30  need of services.

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  1         Section 3.  Section 44.104, Florida Statutes, is

  2  amended to read:

  3         44.104  Voluntary binding arbitration and voluntary

  4  trial resolution.--

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

  6  dispute may agree in writing to submit the controversy to

  7  voluntary binding arbitration, or voluntary trial resolution,

  8  in lieu of litigation of the issues involved, prior to or

  9  after a lawsuit has been filed, provided no constitutional

10  issue is involved.

11         (2)  If the parties have entered into an agreement

12  which provides in voluntary binding arbitration for a method

13  for appointing the appointment of one or more arbitrators, or

14  which provides in voluntary trial resolution a method for

15  appointing a member of the Florida Bar in good standing for

16  more than 5 years to act as trial resolution judge, the court

17  shall proceed with the appointment as prescribed, except that.

18  However, in voluntary binding arbitration at least one of the

19  arbitrators, who shall serve as the chief arbitrator, shall

20  meet the qualifications and training requirements adopted

21  pursuant to s. 44.106.  In the absence of an agreement, or if

22  the agreement method fails or for any reason cannot be

23  followed, the court, on application of a party, shall appoint

24  one or more qualified arbitrators, or the trial resolution

25  judge, as the case requires.

26         (3)  The arbitrators or trial resolution judge shall be

27  compensated by the parties according to their agreement, but

28  not at an amount less than $75 per day.

29         (4)  Within 10 days after of the submission of the

30  request for binding arbitration, or voluntary trial

31  resolution, the court shall provide for the appointment of the

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  1  arbitrator or arbitrators, or trial resolution judge, as the

  2  case requires.  Once appointed, the arbitrators or trial

  3  resolution judge shall notify the parties of the time and

  4  place for the hearing.

  5         (5)  Application for voluntary binding arbitration or

  6  voluntary trial resolution shall be filed and fees paid to the

  7  clerk of court as if for complaints initiating civil actions.

  8  The clerk of the court shall handle and account for these

  9  matters in all respects as if they were civil actions, except

10  that the clerk of court shall keep separate the records of the

11  applications for voluntary binding arbitration and the records

12  of the applications for voluntary trial resolution from all

13  other civil actions.

14         (6)  Filing of the application for binding arbitration

15  or voluntary trial resolution will toll the running of the

16  applicable statutes of limitation.

17         (7)  The chief arbitrator or trial resolution judge may

18  shall have such power to administer oaths or affirmation and

19  to conduct the proceedings as the rules of court shall

20  provide.  At the request of any party, the chief arbitrator or

21  trial resolution judge shall issue subpoenas for the

22  attendance of witnesses and for the production of books,

23  records, documents, and other evidence and may apply to the

24  court for orders compelling attendance and production.

25  Subpoenas shall be served and shall be enforceable in the

26  manner provided by law.

27         (8)  A voluntary binding arbitration The hearing shall

28  be conducted by all of the arbitrators, but a majority may

29  determine any question and render a final decision.  A trial

30  resolution judge shall conduct a voluntary trial resolution

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  1  hearing.  The trial resolution judge may determine any

  2  question and render a final decision.

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

  4  proceedings under this section.

  5         (10)  An appeal of a voluntary binding arbitration

  6  decision shall be taken to the circuit court and shall be

  7  limited to review on the record and not de novo, of:

  8         (a)  Any alleged failure of the arbitrators to comply

  9  with the applicable rules of procedure or evidence.

10         (b)  Any alleged partiality or misconduct by an

11  arbitrator prejudicing the rights of any party.

12         (c)  Whether the decision reaches a result contrary to

13  the Constitution of the United States or of the State of

14  Florida.

15         (11)  Any party may enforce a final decision rendered

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

17  in the circuit court in the circuit in which the voluntary

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

19  court, any party may appeal to the appropriate appellate

20  court.  Factual findings determined in the voluntary trial are

21  not subject to appeal.

22         (12)  The harmless error doctrine shall apply in all

23  appeals.  No further review shall be permitted unless a

24  constitutional issue is raised.

25         (13)(11)  If no appeal is taken within the time

26  provided by rules promulgated by the Supreme Court, then the

27  decision shall be referred to the presiding judge in the case,

28  or if one has not been assigned, then to the chief judge of

29  the circuit for assignment to a circuit judge, who shall enter

30  such orders and judgments as are required to carry out the

31  terms of the decision, which orders shall be enforceable by

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  1  the contempt powers of the court and for which judgments

  2  execution shall issue on request of a party.

  3         (14)(12)  This section shall not apply to any dispute

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

  5  any dispute which involves the rights of a third party not a

  6  party to the arbitration or voluntary trial resolution when

  7  the third party would be an indispensable party if the dispute

  8  were resolved in court or when the third party notifies the

  9  chief arbiter or the trial resolution judge that the third

10  party would be a proper party if the dispute were resolved in

11  court, that the third party intends to intervene in the action

12  in court and that the third party does not agree to proceed

13  under this section.

14         Section 4.  Section 57.105, Florida Statutes, is

15  amended to read:

16         57.105  Attorney's fee; sanctions for raising unfounded

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

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

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

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

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

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

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

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

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

26  before trial:

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

28  to establish the claim or defense; or

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

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

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

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

  2  provided,

  3

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

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

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

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

  8  claimant pursuant to this subsection finds that there was a

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

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

11  interest.

12         (2)  Paragraph (1)(b) does not apply if the court

13  determines that the claim or defense was initially presented

14  to the court as a good faith argument for the extension,

15  modification, or reversal of existing law or the establishment

16  of new law, with a reasonable expectation of success.

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

18  which the moving party proves by a preponderance of the

19  evidence that any action taken by the opposing party,

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

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

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

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

24  purpose of unreasonable delay, the court shall award damages

25  to the moving party for its reasonable expenses incurred in

26  obtaining the order that may include attorney fees, and other

27  loss resulting from the improper delay.

28         (4)  The provisions of this section are supplemental to

29  other sanctions or remedies available under law or under court

30  rules.

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  1         (5)(2)  If a contract contains a provision allowing

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

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

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

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

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

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

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

  9  contracts entered into on said date or thereafter.

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

11  768.79, Florida Statutes, are amended to read:

12         768.79  Offer of judgment and demand for judgment.--

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

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

15  unless filing is necessary to enforce the provisions of this

16  section. In any case involving multiple party plaintiffs or

17  multiple party defendants, an offer shall specify its

18  applicability to each party and may specify any conditions

19  thereof. Each individual party may then accept or reject the

20  offer as the offer applies to such party.

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

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

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

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

25  party.

26         (7)(a)  No party If a party is entitled to costs and

27  fees under pursuant to the provisions of this section unless

28  the court determines, the court may, in its discretion,

29  determine that an offer was reasonable and not made in good

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

31  and attorney's fees.

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  1         (b)  When determining the reasonableness of an award of

  2  attorney's fees pursuant to this section, the court shall

  3  consider, along with all other relevant criteria, the

  4  following additional factors:

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

  6  claim.

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

  8  parties.

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

10  issue.

11         4.  Whether the person making the offer had

12  unreasonably refused to furnish information necessary to

13  evaluate the reasonableness of such offer.

14         5.  Whether the suit was in the nature of a test case

15  presenting questions of far-reaching importance affecting

16  nonparties.

17         6.  The amount of the additional delay cost and expense

18  that the person making the offer reasonably would be expected

19  to incur if the litigation should be prolonged.

20         Section 6.  Section 57.071, Florida Statutes, is

21  amended to read:

22         57.071  Costs; what taxable.--

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

24  shall also be allowed:

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

26  bonds or other security furnished by such party.

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

28  transcribing proceedings and depositions, including opening

29  statements and arguments by counsel.

30

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

  2  provided to such party, notwithstanding any other provision of

  3  law to the contrary.

  4         (2)  Expert witness fees may not be awarded as taxable

  5  costs unless:

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

  7  written notice with the court and with each opposing party

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

  9  date, which notice shall specify the expertise and experience

10  of the expert witness, the rate of compensation of the expert

11  witness, the subject matters or issues on which the expert

12  witness is expected to render an opinion, and an estimate of

13  the overall fees of the expert witness, including the fee for

14  trial testimony. If the rate of compensation is hourly, the

15  estimated overall fee may be stated in terms of estimated

16  hours; and

17         (b)  The party retaining the expert witness furnishes

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

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

20  factual basis of the opinions, including documentary evidence

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

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

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

24  determined by the court.

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

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

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

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

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

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

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

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

  3         (1)  All discovery shall be completed within 60 days

  4  after the court enters an order adopting the joint expedited

  5  trial stipulation.

  6         (2)  All interrogatories and requests for production

  7  must be served within 10 days after the court enters the order

  8  adopting the joint expedited trial stipulation and all

  9  responses must be served within 20 days after receipt.

10         (3)  The court shall determine the number of

11  depositions required.

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

13         (5)  The case may be tried within 30 days after the

14  60-day discovery cut-off, if such schedule would not impose an

15  undue burden on the court calendar.

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

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

18         (8)  The plaintiff will have no more than 3 hours to

19  present its case, including the opening, all testimony and

20  evidence, and the closing.

21         (9)  The defendant will have no more than 3 hours to

22  present its case, including the opening, all testimony and

23  evidence, and the closing.

24         (10)  The jury may be given "plain language" jury

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

26  language" jury verdict form. The parties must agree to the

27  jury instructions and verdict form.

28         (11)  The parties may introduce a verified written

29  report of any expert and an affidavit of the expert's

30  curriculum vitae instead of calling the expert to testify at

31  trial.

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

  2  depositions, including video depositions, regardless of where

  3  the deponent lives or whether the deponent is available to

  4  testify.

  5         (13)  Except as otherwise provided in this section, the

  6  Florida Evidence Code and the Florida Rules of Civil Procedure

  7  apply.

  8         (14)  The court may refuse to grant continuances of the

  9  trial absent extraordinary circumstances.

10         Section 8.  Section 768.77, Florida Statutes, is

11  amended to read:

12         768.77  Itemized verdict.--

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

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

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

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

17  into the following categories of damages:

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

19  economic losses;

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

21  noneconomic losses; and

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

23  damages, if applicable.

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

25  damages, shall be further itemized into amounts intended to

26  compensate for losses which have been incurred prior to the

27  verdict and into amounts intended to compensate for losses to

28  be incurred in the future. Future damages itemized under

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

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

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

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  1  itemizing amounts intended to compensate for future losses,

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

  3  which such amounts are intended to provide compensation.

  4         Section 9.  Paragraph (a) of subsection (1) of section

  5  768.78, Florida Statutes, is amended to read:

  6         768.78  Alternative methods of payment of damage

  7  awards.--

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

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

10  to compensate the claimant includes for future economic losses

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

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

13  of the following means, unless an alternative method of

14  payment of damages is provided in this section:

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

16  damages so assessed, with future economic losses and expenses

17  reduced to present value; or

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

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

20  determines that manifest injustice would result to any party,

21  enter a judgment ordering future economic damages, as itemized

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

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

24  lump-sum payment.

25         Section 10.  Subsection (2) of section 95.031, Florida

26  Statutes, is amended to read:

27         95.031  Computation of time.--Except as provided in

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

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

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

31  action accrues.

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

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

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

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

  5  discovered or should have been discovered with the exercise of

  6  due diligence, instead of running from any date prescribed

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

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

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

10  the fraud was or should have been discovered.

11         (b)  An action for products liability under s.

12  95.11(3), including a wrongful death action or any other claim

13  from a personal injury or property damage caused by a product,

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

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

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

17  been discovered with the exercise of due diligence, rather

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

19  95.11(3) except as provided in paragraph (c).  In no event may

20  an action for products liability be commenced in which the

21  alleged harm was caused by an exposure to or use of a product,

22  which exposure or use occurred more than 12 years after

23  delivery of the product to its first purchaser or lessee who

24  was not engaged in the business of selling or leasing the

25  product or of using the product as a component in the

26  manufacture of another product. In addition, the 12-year

27  limitation does not apply if the claimant was exposed to or

28  used the product within the 12-year period, but an injury

29  caused by such exposure or use did not manifest itself until

30  after the 12-year period.

31

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  1         (c)  However, if the manufacturer had actual knowledge

  2  that the product at issue in the litigation (or substantially

  3  similar units of the same product) was defective in the same

  4  manner as alleged in the underlying lawsuit, but intentionally

  5  concealed the defect, the 12-year limitation period is tolled

  6  during the time of actual concealment.  The 12-year limitation

  7  period may not be tolled on the grounds of concealment where

  8  the defect has become publicly known because the federal

  9  government issued public warnings about the defect and banned

10  sale or use of the product for the specific use at issue in

11  the litigation.

12         1.  In this context, a manufacturer's "actual knowledge

13  of defect" means that at or before the time of concealment,

14  the officers, directors, or managing agents of the

15  manufacturer acknowledged or actually knew that, taken as a

16  whole, the risks and dangers of the product outweighed its

17  benefits to such as extent as to render the product

18  unreasonably dangerous.

19         2.  In this context, "concealment" means that the

20  officers, directors, or managing agents of the manufacturer

21  intentionally took affirmative steps to conceal substantially

22  probative proof of a defect relating to the same defect

23  alleged in the underlying lawsuit, from a court of competent

24  jurisdiction or parties to pending litigation, a regulatory

25  agency charged with regulation or oversight of the specific

26  product at issue, or others to whom the manufacturer had a

27  legal duty to report such information.  It is not concealment

28  under this section to maintain the confidentiality of trade

29  secrets, or to discard records or other documents in the

30  normal course of business pursuant to a regular document

31  disposal program.

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  1         3.  Any claim of concealment under this section must be

  2  based upon, at or before the time made, substantial factual

  3  and legal support.  The allegations of concealment and defect

  4  shall be made with specificity.  At the earliest possible time

  5  prior to trial, the trial judge shall conduct an evidentiary

  6  hearing to determine whether the plaintiff has sustained its

  7  burden of proving these allegations.  The judge shall make

  8  specific findings of fact supporting his or her findings.  If

  9  the plaintiff's claims of concealment are found lacking in

10  substantial factual or legal support, the plaintiff is liable

11  for the costs and attorney's fees incurred in the defense

12  against the claim.

13         Section 11.  Any action for products liability which

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

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

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

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

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

19  shall be barred.

20         Section 12.  Section 768.1256, Florida Statutes, is

21  created to read:

22         768.1256  Government rules defense.--In a product

23  liability action brought against a manufacturer or seller for

24  harm allegedly caused by a product, there is a rebuttable

25  presumption that the product is not defective or unreasonably

26  dangerous and the manufacturer or seller is not liable if, at

27  the time the specific unit of the product was sold or

28  delivered to the initial purchaser or user, the aspect of the

29  product that allegedly caused the harm was in compliance with

30  product design, construction, or safety standards relevant to

31  the event causing the death or injury promulgated by a federal

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  1  or state statute or rule, such standards are designed to

  2  prevent the type of harm that allegedly occurred, and

  3  compliance with such standards is required as a condition for

  4  selling or otherwise distributing the product.

  5         Section 13.  Section 768.0705, Florida Statutes, is

  6  created to read:

  7         768.0705  Limitation on premises liability.--

  8         (1)  The owner or operator of a convenience business

  9  that substantially implements the applicable security measures

10  listed in ss. 812.173 and 812.174 shall gain a presumption

11  against liability in connection with criminal acts that occur

12  on the premises and that are committed by third parties who

13  are not employees or agents of the owner or operator of the

14  convenience business.

15         (2)  Failure to implement ss 812.173 and 812.174 shall

16  not create a presumption of liability and no inference may be

17  drawn from such failure.

18         Section 14.  Section 768.075, Florida Statutes, is

19  amended to read:

20         768.075  Immunity from liability for injury to

21  trespassers on real property; definitions; duty to

22  trespassers.--

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

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

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

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

27  property resulting from or arising by reason of the

28  trespasser's commission of the offense of trespass as

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

30  under the influence of alcoholic beverages with a

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

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  1  trespasser was under the influence of any chemical substance

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

  3  under the influence of any substance controlled under chapter

  4  893, or if the trespasser is affected by any of the aforesaid

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

  6  impaired.  For the purposes of this section, voluntary

  7  intoxication or impediment of faculties by use of alcohol or

  8  any of the aforementioned substances shall not excuse a party

  9  relying upon this section as a defense to a claim for civil

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

11  brought from proving the elements of trespass. However, the

12  person or organization owning or controlling the interest in

13  real property shall not under this subsection be immune from

14  liability if gross negligence or intentional willful and

15  wanton misconduct on the part of such person or organization

16  or agent thereof is a proximate cause of the death of or

17  injury or damage to the 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, shall not be held liable for any civil damages

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

22  undiscovered trespasser, except as provided in subsection (3),

23  and regardless of whether the trespasser was intoxicated or

24  otherwise impaired.

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

26         1.  "Implied invitation" means that the visitor

27  entering the premises has an objectively reasonable belief

28  that he or she has been invited or is otherwise welcome on

29  that portion of the real property where injury occurs.

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

31  real property without invitation, either express or implied,

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  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 or remain

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

12  property open to use by persons pursuing purposes such as

13  those pursued 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)  A person or organization owning or controlling an

20  interest in real property has no duty to warn undiscovered

21  trespassers of dangerous conditions, but may be held liable

22  for injury proximately caused by the person's or

23  organization's intentional misconduct.  A person or

24  organization owning or controlling an interest in real

25  property has a duty to warn discovered trespassers of latent

26  dangerous conditions that are known to the person or

27  organization owning or controlling an interest in real

28  property but may otherwise be held liable by discovered

29  trespassers for injury proximately caused by the gross

30  negligence or intentional misconduct of the person or

31  organization controlling an interest in real property.

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  1         (c)  This subsection shall not be interpreted or

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

  3  "attractive nuisance doctrine."

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

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

  6  organization, shall not be held liable for negligence that

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

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

  9  commission of a felony on the property.

10         Section 15.  Section 768.725, Florida Statutes, is

11  created to read:

12         768.725  Punitive damages; burden of proof.--In all

13  civil actions a party seeking punitive damages must establish

14  at trial by clear and convincing evidence its entitlement to

15  an award of punitive damages. The "greater weight of the

16  evidence" burden of proof shall apply to the determination

17  regarding the amount of damages.

18         Section 16.  Section 768.72, Florida Statutes, is

19  amended to read:

20         768.72  Pleading in civil actions; claim for punitive

21  damages.--

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

23  shall be permitted unless there is a reasonable showing by

24  evidence in the record or proffered by the claimant which

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

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

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

28  procedure.  The rules of civil procedure shall be liberally

29  construed so as to allow the claimant discovery of evidence

30  which appears reasonably calculated to lead to admissible

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

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  1  financial worth shall proceed until after the pleading

  2  concerning punitive damages is permitted.

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

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

  5  convincing evidence, finds that the defendant was personally

  6  guilty of intentional misconduct or gross negligence. As used

  7  in this section, the term:

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

  9  had actual knowledge of the wrongfulness of the conduct and

10  the high probability that injury or damage to the claimant

11  would result and, despite that knowledge, intentionally

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

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

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

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

16  rights of persons exposed to such conduct.

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

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

19  imposed for the conduct of an employee or agent, only if the

20  conduct of the employee or agent meets the criteria specified

21  in subsection (2) and:

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

23  legal entity actively and knowingly participated in such

24  conduct;

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

26  employer, principal, corporation, or other legal entity

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

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

29  legal entity engaged in conduct that constituted gross

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

31  injury suffered by the claimant.

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  1         (4)  For the purposes of subsection (3), a corporation

  2  or other legal entity acts through one or more managers,

  3  officers, directors, or primary owners.

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

  5  nature and shall be applied to all civil actions pending on

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

  7  has not commenced.

  8         Section 17.  Section 768.73, Florida Statutes, is

  9  amended to read:

10         768.73  Punitive damages; limitation.--

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

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

13  punitive damages awarded to a claimant may not exceed

14  $250,000, except as provided in paragraph (b). In any civil

15  action in which the judgment for compensatory damages exceeds

16  $50,000, the judgment for punitive damages awarded to a

17  claimant may not exceed three times the amount of compensatory

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

19  in paragraph (b) based on negligence, strict liability,

20  products liability, misconduct in commercial transactions,

21  professional liability, or breach of warranty, and involving

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

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

24  exceed three times the amount of compensatory damages awarded

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

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

27  not apply to any class action.

28         (b)  No award for punitive damages may exceed the

29  limitations If any award for punitive damages exceeds the

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

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

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  1  the amount in excess of the limitation unless the claimant

  2  demonstrates to the court by clear and convincing evidence

  3  that the defendant engaged in intentional misconduct and that

  4  the award is not excessive in light of the facts and

  5  circumstances which were presented to the trier of fact.

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

  7  appropriate court from exercising its jurisdiction under s.

  8  768.74 in determining the reasonableness of an award of

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

10  compensatory damages.

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

12  damages shall not be awarded against a defendant in a civil

13  action if that defendant establishes, before trial, that

14  punitive damages have previously been awarded against that

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

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

17  the claimant seeks compensatory damages. For purposes of a

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

19  conduct" includes acts resulting in the same manufacturing

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

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

22  units of a product.

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

24  or single course of conduct for which punitive damages have

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

26  convincing evidence that the amount of prior punitive damages

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

28  the court may permit an award of subsequent punitive damages.

29  In determining the sufficiency of prior punitive damages, the

30  court may consider whether the defendant's act or course of

31  conduct has ceased.  If subsequent punitive damages are

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  1  awarded, the court shall make specific findings of fact in the

  2  record to support its determination of the insufficiency of

  3  prior punitive damages. After the award of subsequent punitive

  4  damages is announced, and before the judgment is entered, the

  5  court shall reduce the subsequent punitive damage award by the

  6  total amount of any prior punitive damage awards paid on any

  7  judgments rendered in any state or federal court to punish the

  8  same act or single course of conduct.

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

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

11  punitive damages, calculated based on the final judgment for

12  punitive damages. This subsection does not limit the payment

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

14  punitive damages.

15         (4)(2)  The jury may neither be instructed nor informed

16  as to the provisions of this section.

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

18  nature and shall 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 18.  Section 768.736, Florida Statutes, is

22  created to read:

23         768.736  Punitive damages; exceptions for

24  intoxication.--Sections 768.725 and 768.73 shall not apply to

25  any defendant who, at the time of the act or omission for

26  which punitive damages are sought, was under the influence of

27  any alcoholic beverage or drug to the extent that the

28  defendant's normal faculties were impaired, or who had a blood

29  or breath alcohol level of 0.08 percent or higher.  This

30  section shall not apply in cases where the defendant proves

31  that his or her intoxication was involuntary.

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  1         Section 19.  Subsections (3), (4), (5), and (6) of

  2  section 768.81, Florida Statutes, are amended to read:

  3         768.81  Comparative fault.--

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

  5  section applies, the court shall enter judgment against each

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

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

  8  liability; provided that with respect to any party whose

  9  percentage of fault equals or exceeds that of a particular

10  claimant, the court shall enter judgment with respect to

11  economic damages against that party on the basis of the

12  doctrine of joint and several liability. However, the doctrine

13  of joint and several liability shall not apply to that portion

14  of economic damages in excess of $200,000.

15         (a)  In order to allocate any or all fault to a

16  nonparty, a defendant must affirmatively plead the fault of a

17  nonparty and, absent a showing of good cause, identify the

18  nonparty, if known, or describe the nonparty as specifically

19  as practicable, either by motion or in the initial responsive

20  pleading when defenses are first presented, subject to

21  amendment any time before trial in accordance with the Florida

22  Rules of Civil Procedure.

23         (b)  In order to allocate any or all fault to a

24  nonparty and include the named or unnamed nonparty on the

25  verdict form for purposes of apportioning damages, a defendant

26  must prove at trial, by a preponderance of the evidence, the

27  fault of the nonparty in causing the plaintiff's injuries.

28         (4)  APPLICABILITY.--

29         (a)  This section applies to negligence cases.  For

30  purposes of this section, "negligence and other cases"

31  includes, but is not limited to, civil actions for damages

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  1  based upon theories of negligence, strict liability, products

  2  liability, professional malpractice whether couched in terms

  3  of contract or tort, or breach of warranty and like theories,

  4  and negligence actions for damages based upon an intentional

  5  tort, including, but not limited to, criminal conduct.  In

  6  determining whether a case falls within the term "negligence

  7  cases," the court shall look to the substance of the action

  8  and not the conclusory terms used by the parties.

  9         (b)  This section does not apply to any action brought

10  by any person to recover actual economic damages resulting

11  from pollution, to any action based upon an intentional tort,

12  or to any cause of action as to which application of the

13  doctrine of joint and several liability is specifically

14  provided by chapter 403, chapter 498, chapter 517, chapter

15  542, or chapter 895.

16         (5)  APPLICABILITY OF JOINT AND SEVERAL

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

18  the doctrine of joint and several liability applies to all

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

20  $25,000.

21         (5)(6)  Notwithstanding anything in law to the

22  contrary, in an action for damages for personal injury or

23  wrongful death arising out of medical malpractice, whether in

24  contract or tort, when an apportionment of damages pursuant to

25  this section is attributed to a teaching hospital as defined

26  in s. 408.07, the court shall enter judgment against the

27  teaching hospital on the basis of such party's percentage of

28  fault and not on the basis of the doctrine of joint and

29  several liability.

30

31

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  1         Section 20.  Paragraph (b) of subsection (9) of section

  2  324.021, Florida Statutes, is amended, and paragraph (c) is

  3  added to that subsection, to read:

  4         324.021  Definitions; minimum insurance required.--The

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

  6  for the purpose of this chapter, have the meanings

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

  8  instances where the context clearly indicates a different

  9  meaning:

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

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

12  of the Florida Statutes or existing case law:,

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

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

15  obtain insurance acceptable to the lessor which contains

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

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

18  $500,000 combined property damage liability and bodily injury

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

20  for the purpose of determining financial responsibility for

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

22  operator in connection therewith; further, this subparagraph

23  paragraph shall be applicable so long as the insurance meeting

24  these requirements is in effect.  The insurance meeting such

25  requirements may be obtained by the lessor or lessee,

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

27  combined coverage for bodily injury liability and property

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

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

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

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

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

  2  determining liability for the operation of the vehicle or the

  3  acts of the operator in connection therewith only up to

  4  $100,000 per person and up to $300,000 per incident for bodily

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

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

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

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

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

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

11  specified liability of the lessor for economic damages shall

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

13  the operator, and from any insurance or self-insurance

14  covering the lessee or operator.  Nothing in this subparagraph

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

16  its own negligence.

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

18  vehicle to any permissive user shall be liable for the

19  operation of the vehicle or the acts of the operator in

20  connection therewith only up to $100,000 per person and up to

21  $300,000 per incident for bodily injury and up to $50,000 for

22  property damage. If the permissive user of the motor vehicle

23  is uninsured or has any insurance with limits less than

24  $500,000 combined property damage and bodily injury liability,

25  the owner shall be liable for up to an additional $500,000 in

26  economic damages only arising out of the use of the motor

27  vehicle. The additional specified liability of the owner for

28  economic damages shall be reduced by amounts actually

29  recovered from the permissive user and from any insurance or

30  self-insurance covering the permissive user. Nothing in this

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  1  subparagraph shall be construed to affect the liability of the

  2  owner for his or her own negligence.

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

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

  5  motor vehicles that are used for commercial activity in the

  6  owner's ordinary course of business, other than a rental

  7  company that rents or leases motor vehicles. For purposes of

  8  this paragraph, the term "rental company" includes only an

  9  entity that is engaged in the business of renting or leasing

10  motor vehicles to the general public and that rents or leases

11  a majority of its motor vehicles to persons with no direct or

12  indirect affiliation with the rental company. The term also

13  includes a motor vehicle dealer that provides temporary

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

15         Section 21.  (1)  No person who is part of a joint

16  employment relationship with another person or persons shall

17  be liable for any damages or injuries which are caused by a

18  shared employee of the joint employment relationship unless

19  the defendant has authorized or directed that person to take

20  the action which results in damage or injury or the defendant

21  has exercised control over the job site at which or from which

22  the tortious conduct arose.  This section shall not apply

23  unless at least one other person who is part of the joint

24  employment relationship has authorized or otherwise directed

25  the shared employee to take the action which results in

26  damages or injury or the other person has exercised control

27  over the job site at which or from which the tortious conduct

28  arose.

29         (2)  Joint employment shall be defined as a situation

30  where two separate persons share or codetermine the matters

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  1  governing the essential terms and conditions of the employment

  2  of employees.

  3         Section 22.  If any provision of this act or the

  4  application thereof to any person or circumstance is held

  5  invalid, the invalidity does not affect other provisions or

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

  7  invalid provision or application, and to this end the

  8  provisions of this act are declared severable.

  9         Section 23.  This act shall take effect October 1,

10  1999.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises various provisions of law governing civil actions
  4    to:
           1.  Provide for instructions to juries after the
  5    jury is sworn in, for the taking of notes under described
      circumstances, for notebooks, written questions, and
  6    final instructions.
           2.  Require mediation in described actions for
  7    monetary damages.
           3.  Provide for voluntary trial resolution upon the
  8    agreement of parties to a civil dispute, for the
      appointment and compensation of a trial resolution judge,
  9    and guidelines for conducting a voluntary trial
      resolution.
10         4.  Revise conditions for the award of attorney's
      fees for presenting unsupported claims or defenses,
11    authorize damage awards against a party for unreasonable
      delay of litigation and authorize the court to impose
12    additional sanctions.
           5.  Provide for the applicability of offers of
13    judgment and demand of judgment in cases involving
      multiple plaintiffs, provide that subsequent offers void
14    previous offers, and provide that prior to awarding costs
      and fees the court shall determine whether the offer was
15    reasonable under the circumstances known at the time the
      offer was made.
16         6.  Provide criteria under which expert witness fees
      may be awarded as taxable costs.
17         7.  Provide a procedure for expedited trials.
           8.  Delete a requirement to itemize future damages
18    on verdict forms.
           9.  Impose a twelve year statute of repose on
19    actions for product liability with described exceptions.
           10.  Provide a government rules defense with respect
20    to described product liability actions.
           11.  Provide limitations on premises liability for a
21    person or organization owning or controlling an interest
      in a business premises.
22         12.  Set forth the duty owed to trespassers by a
      person or organization owning or controlling an interest
23    in real property and provide for the avoidance of
      liability to discovered and undiscovered trespassers
24    under described circumstances.
           13.  Provide for evidentiary standards for an award
25    of punitive damages.
           14.  Revise provisions with respect to claims for
26    punitive damages in civil actions to require clear and
      convincing evidence of gross negligence or intentional
27    misconduct to support the recovery of punitive damages
      and to provide criteria for the imposition of such
28    damages with respect to employers, principals,
      corporations, or other legal entities for the conduct of
29    an employee or agent.
           15.  Specify the basis for calculating attorney's
30    fees on judgments for punitive damages.
           16.  Provide for the apportionment of damages on the
31    basis of joint and several liability when a party's fault
      exceeds a described percentage, to limit the
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  1    applicability of joint and several liability based upon
      the amount of damages, to provide for the allocation of
  2    fault to a nonparty, and to require that such fault must
      be proved by a preponderance of the evidence.
  3         17.  Provide that the lessor of a motor vehicle
      under described rental agreements shall be deemed the
  4    owner of the vehicle for the purpose of determining
      liability.
  5         18.  Limit the liability of parties to joint
      employment arrangements as defined in the act.
  6

  7    See bill for details.

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