HOUSE AMENDMENT
Bill No. HB 1879
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 The Council for Healthy Communities offered the following:
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13 Amendment to Amendment (724613)
14 On page 14, line 13 through page 15, line 18
15 remove from the amendment: all of said lines
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17 and insert in lieu thereof:
18 Section 37. Effective July 1, 2001, and applying to
19 causes of action accruing on or after that date, section
20 400.4298, Florida Statutes, is created to read:
21 400.4298 Punitive damages; limitation.--
22 (1)(a) Except as provided in paragraph (b), an award
23 of punitive damages may not exceed the greater of:
24 1. Three times the amount of compensatory damages
25 awarded to each claimant entitled thereto, consistent with the
26 remaining provisions of this section; or
27 2. The sum of $1 million.
28 (b) Where the fact finder determines beyond a
29 reasonable doubt that at the time of injury the wrongful
30 conduct proven under this section was motivated primarily by
31 unreasonable financial gain and determines that the
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File original & 9 copies 04/23/01
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HOUSE AMENDMENT
Bill No. HB 1879
Amendment No. ___ (for drafter's use only)
1 unreasonably dangerous nature of the conduct, together with
2 the high likelihood of injury resulting from the conduct, was
3 actually known by the managing agent, director, officer, or
4 other person responsible for making policy decisions on behalf
5 of the defendant, or at the time of injury the defendant had a
6 specific intent to harm the claimant and the finder of fact
7 determines by clear and convincing evidence that the
8 defendant's conduct did in fact harm the claimant, there shall
9 be no cap on punitive damages.
10 (c) This subsection is not intended to prohibit an
11 appropriate court from exercising its jurisdiction under s.
12 768.74 in determining the reasonableness of an award of
13 punitive damages that is less than three times the amount of
14 compensatory damages.
15 (2) The claimant's attorney's fees, if payable from
16 the judgment, are, to the extent that the fees are based on
17 the punitive damages, calculated based on the final judgment
18 for punitive damages. This subsection does not limit the
19 payment of attorney's fees based upon an award of damages
20 other than punitive damages.
21 (3) The jury may neither be instructed nor informed as
22 to the provisions of this section.
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File original & 9 copies 04/23/01
hhr0003 09:16 pm 01879-hcc -460213