Senate Bill sb1370

    Florida Senate - 2001                                  SB 1370

    By Senator Cowin





    11-868-01

  1                      A bill to be entitled

  2         An act relating to comparative fault; amending

  3         s. 768.81, F.S.; specifying an additional type

  4         of negligence case for purposes of comparative

  5         fault in civil actions for damages; deleting

  6         actions based on an intentional tort from

  7         exclusions from application; providing an

  8         effective date.

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

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12         Section 1.  Subsection (4) of section 768.81, Florida

13  Statutes, is amended to read:

14         768.81  Comparative fault.--

15         (4)  APPLICABILITY.--

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

17  purposes of this section, "negligence cases" includes, but is

18  not limited to, civil actions for damages, based upon theories

19  of negligence, strict liability, products liability,

20  professional malpractice whether couched in terms of contract

21  or tort, or breach of warranty and like theories, and

22  negligence actions for damages, based upon an intentional

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

24  determining whether a case falls within the term "negligence

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

26  and not the conclusory terms used by the parties.

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

28  by any person to recover actual economic damages resulting

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

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

31  doctrine of joint and several liability is specifically

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






    Florida Senate - 2001                                  SB 1370
    11-868-01




  1  provided by chapter 403, chapter 498, chapter 517, chapter

  2  542, or chapter 895.

  3         Section 2.  This act shall take effect July 1, 2001.

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  6                       LEGISLATIVE SUMMARY

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      Includes within "negligence cases" for purposes of
  8    comparative fault in civil actions for damages negligence
      actions for damages based upon an intentional tort,
  9    including criminal conduct.  Deletes from exclusions from
      application actions based on an intentional tort.
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CODING: Words stricken are deletions; words underlined are additions.