HB 1315

1	A bill to be entitled
2	An act relating to civil justice reform; creating s.
3	46.100, F.S.; providing for dismissal of actions based on
4	fraudulent or deceptive activity; providing for recovery
5	of damages and attorney fees and costs in certain actions;
6	amending s. 324.021, F.S.; repealing the dangerous
7	instrumentality doctrine; providing for liability for
8	personal injuries under certain circumstances; deleting
9	provisions specifying ownership of motor vehicles for
10	certain purposes; deleting provisions specifying
11	application of certain limits of liability; amending s.
12	624.155, F.S.; limiting actions against an insurer to
13	insureds; specifying a duty to cooperate with an insurer
14	in asserting a demand for settlement; specifying certain
15	activities as a defense in certain actions; revising
16	certain time periods relating to notices in certain
17	actions; revising notice requirements; providing for
18	preemption of specified civil remedies; specifying effect
19	of certain judgments; specifying a criterion for burden of
20	proof in actions against an insurer; limiting insurer
21	liability for failure to pay policy limits under certain
22	circumstances; authorizing parties to request certain
23	court orders relating to unnecessary delay; providing
24	requirements for amending witness lists; limiting
25	admissibility of certain evidence; specifying
26	considerations for a trier of fact in certain actions;
27	providing construction relating to assigning causes of
28	action; amending s. 768.0710, F.S.; limiting liability for
29	damages to a claimant resulting from intentional or
30	criminal acts; creating s. 768.1254, F.S.; providing
31	definitions; creating s. 768.1255, F.S.; providing general
32	rules for product liability actions against product
33	sellers; specifying criteria for liability of a product
34	seller as a manufacturer; amending s. 768.1256, F.S.;
35	deleting a rebuttable presumption provision in product
36	liability actions; creating s. 768.1382, F.S.; limiting
37	liability of certain public and private entities providing
38	street lights, security lights, or other similar
39	illumination; providing that certain entities do not owe a
40	duty to the public to provide, operate, or maintain
41	illumination; providing exceptions; prohibiting certain
42	findings of fault or responsibility of an entity not a
43	party to litigation; amending s. 768.28, F.S.; limiting
44	the liability of law enforcement officers or sheriffs and
45	employing law enforcement agencies for civil damages for
46	injury or death from pursuing fleeing persons under
47	certain circumstances; amending s. 768.76, F.S.; requiring
48	a jury to be informed of the amount of certain benefits
49	paid or available for payment from collateral sources;
50	amending s. 768.79, F.S.; specifying absence of
51	restrictions on certain settlement or release agreements;
52	limiting attorney fees under certain circumstances;
53	amending s. 768.81, F.S.; deleting exceptions to a
54	requirement for liability based on percentage of fault
55	instead of joint and several liability; providing for
56	apportionment of damages; expanding application of
57	provisions to additional negligence cases; revising a
58	nonapplication provision; amending s. 324.031, F.S.;
59	removing a cross reference, to conform; repealing s.
60	324.032, F.S., relating to manner of proving financial
61	responsibility for for-hire passenger transportation
62	vehicles; repealing s. 768.1257, F.S., relating to state-
63	of-the-art defense for products liability; providing
64	severability; providing applicability; providing an
65	effective date.
66
67	WHEREAS, it is the intent of the Legislature to protect the
68	right of the citizen to access the courts while protecting jobs
69	by limiting the liability of citizens, governmental agencies,
70	and businesses, and
71	WHEREAS, civil lawsuits and counterclaims, often involving
72	millions of dollars, have been and are being filed against
73	countless citizens, governmental agencies, and businesses in
74	this state where those citizens, governmental agencies, and
75	business ought not be held liable, and
76	WHEREAS, such lawsuits and counterclaims are often filed
77	against citizens, governmental agencies, and businesses with the
78	most amount of money and ability to pay large settlements, and
79	WHEREAS, such lawsuits and counterclaims put the citizens,
80	governmental agencies, and businesses of this state through
81	great and needless expense, harassment, and interruption of
82	their duties, and
83	WHEREAS, such lawsuits and counterclaims have increased
84	significantly over the last 30 years and have become a threat to
85	the employment security and public safety of the citizens of
86	this state, and
87	WHEREAS, the following changes to the manner in which civil
88	actions are conducted will ensure that citizens continue to have
89	a right of access to courts and that jobs in this state will be
90	protected by ensuring that citizens, governmental agencies, and
91	businesses will not be held liable when they ought not be, and
92	WHEREAS, the Legislature acknowledges that the civil
93	justice system is a very complex system which touches upon many
94	areas, and, in order to accomplish the aforementioned goals, any
95	reforms to this system must be broad, comprehensive, and all-
96	inclusive, and
97	WHEREAS, it is the intent of the Legislature to accomplish
98	these goals by reforming the civil justice system of this state
99	and that the Legislature believes the following changes are thus
100	needed, NOW, THEREFORE,
101
102	Be It Enacted by the Legislature of the State of Florida:
103
104	Section 1.  Section 46.100, Florida Statutes, is created to
105	read:
106	46.100  Dismissal due to fraud.--
107	(1)  In any civil action, the defendant shall be entitled
108	to dismissal upon a motion for dismissal with evidence
109	demonstrating that the plaintiff engaged in any fraudulent or
110	deceptive activity in any aspect of the lawsuit which is the
111	subject of the damages sought from the defendant. Such motion
112	for motion for dismissal shall be granted based on a
113	preponderance of the evidence. The judge shall rule on such
114	motions in a timely manner.
115	(2)  A defendant prevailing in such action under subsection
116	(1) may recover compensatory, consequential, and punitive
117	damages subject to the requirements and limitations of part II
118	of chapter 768 and attorney's fees and costs incurred in
119	litigating a cause of action against any person convicted of, or
120	who, regardless of adjudication of guilt, pleads guilty or nolo
121	contendere to insurance fraud under s. 817.234, associated with
122	a claim for damages or other benefits.
123	Section 2.  Subsection (9) of section 324.021, Florida
124	Statutes, is amended to read:
125	324.021  Definitions; minimum insurance required.--The
126	following words and phrases when used in this chapter shall, for
127	the purpose of this chapter, have the meanings respectively
128	ascribed to them in this section, except in those instances
129	where the context clearly indicates a different meaning:
130	(9)  DANGEROUS INSTRUMENTALITY DOCTRINE REPEALED OWNER;
131	OWNER/LESSOR.--The dangerous instrumentality doctrine is
132	repealed. A person or entity that negligently entrusts the use
133	of a vehicle to a third party may be liable for any personal
134	injuries that occur as a result of the negligent operation of
135	the vehicle by the third party if the entrusting party knew or
136	had reason to know that the third party would use the vehicle in
137	such a manner as to create an unreasonable risk of harm to
138	others.
139	(a)  Owner.--A person who holds the legal title of a motor
140	vehicle; or, in the event a motor vehicle is the subject of an
141	agreement for the conditional sale or lease thereof with the
142	right of purchase upon performance of the conditions stated in
143	the agreement and with an immediate right of possession vested
144	in the conditional vendee or lessee, or in the event a mortgagor
145	of a vehicle is entitled to possession, then such conditional
146	vendee or lessee or mortgagor shall be deemed the owner for the
147	purpose of this chapter.
148	(b)  Owner/lessor.--Notwithstanding any other provision of
149	the Florida Statutes or existing case law:
150	1.  The lessor, under an agreement to lease a motor vehicle
151	for 1 year or longer which requires the lessee to obtain
152	insurance acceptable to the lessor which contains limits not
153	less than $100,000/$300,000 bodily injury liability and $50,000
154	property damage liability or not less than $500,000 combined
155	property damage liability and bodily injury liability, shall not
156	be deemed the owner of said motor vehicle for the purpose of
157	determining financial responsibility for the operation of said
158	motor vehicle or for the acts of the operator in connection
159	therewith; further, this subparagraph shall be applicable so
160	long as the insurance meeting these requirements is in effect.
161	The insurance meeting such requirements may be obtained by the
162	lessor or lessee, provided, if such insurance is obtained by the
163	lessor, the combined coverage for bodily injury liability and
164	property damage liability shall contain limits of not less than
165	$1 million and may be provided by a lessor's blanket policy.
166	2.  The lessor, under an agreement to rent or lease a motor
167	vehicle for a period of less than 1 year, shall be deemed the
168	owner of the motor vehicle for the purpose of determining
169	liability for the operation of the vehicle or the acts of the
170	operator in connection therewith only up to $100,000 per person
171	and up to $300,000 per incident for bodily injury and up to
172	$50,000 for property damage. If the lessee or the operator of
173	the motor vehicle is uninsured or has any insurance with limits
174	less than $500,000 combined property damage and bodily injury
175	liability, the lessor shall be liable for up to an additional
176	$500,000 in economic damages only arising out of the use of the
177	motor vehicle. The additional specified liability of the lessor
178	for economic damages shall be reduced by amounts actually
179	recovered from the lessee, from the operator, and from any
180	insurance or self-insurance covering the lessee or operator.
181	Nothing in this subparagraph shall be construed to affect the
182	liability of the lessor for its own negligence.
183	3.  The owner who is a natural person and loans a motor
184	vehicle to any permissive user shall be liable for the operation
185	of the vehicle or the acts of the operator in connection
186	therewith only up to $100,000 per person and up to $300,000 per
187	incident for bodily injury and up to $50,000 for property
188	damage. If the permissive user of the motor vehicle is uninsured
189	or has any insurance with limits less than $500,000 combined
190	property damage and bodily injury liability, the owner shall be
191	liable for up to an additional $500,000 in economic damages only
192	arising out of the use of the motor vehicle. The additional
193	specified liability of the owner for economic damages shall be
194	reduced by amounts actually recovered from the permissive user
195	and from any insurance or self-insurance covering the permissive
196	user. Nothing in this subparagraph shall be construed to affect
197	the liability of the owner for his or her own negligence.
198	(c)  Application.--
199	1.  The limits on liability in subparagraphs (b)2. and 3.
200	do not apply to an owner of motor vehicles that are used for
201	commercial activity in the owner's ordinary course of business,
202	other than a rental company that rents or leases motor vehicles.
203	For purposes of this paragraph, the term "rental company"
204	includes only an entity that is engaged in the business of
205	renting or leasing motor vehicles to the general public and that
206	rents or leases a majority of its motor vehicles to persons with
207	no direct or indirect affiliation with the rental company. The
208	term also includes a motor vehicle dealer that provides
209	temporary replacement vehicles to its customers for up to 10
210	days.
211	2.  Furthermore, with respect to commercial motor vehicles
212	as defined in s. 627.732, the limits on liability in
213	subparagraphs (b)2. and 3. do not apply if, at the time of the
214	incident, the commercial motor vehicle is being used in the
215	transportation of materials found to be hazardous for the
216	purposes of the Hazardous Materials Transportation Authorization
217	Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
218	required pursuant to such act to carry placards warning others
219	of the hazardous cargo, unless at the time of lease or rental
220	either:
221	a.  The lessee indicates in writing that the vehicle will
222	not be used to transport materials found to be hazardous for the
223	purposes of the Hazardous Materials Transportation Authorization
224	Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
225	b.  The lessee or other operator of the commercial motor
226	vehicle has in effect insurance with limits of at least
227	$5,000,000 combined property damage and bodily injury liability.
228	Section 3.  Subsections (1), (3), and (8) of section
229	624.155, Florida Statutes, are amended, and subsections (9),
230	(10), (11), and (12) are added to said section, to read:
231	624.155  Civil remedy.--
232	(1)  An insured Any person may bring a civil action against
233	an insurer when such person is damaged:
234	(a)  By a violation of any of the following provisions by
235	the insurer:
236	1.  Section 626.9541(1)(i), (o), or (x);
237	2.  Section 626.9551;
238	3.  Section 626.9705;
239	4.  Section 626.9706;
240	5.  Section 626.9707; or
241	6.  Section 627.7283.
242	(b)  By the commission of any of the following acts by the
243	insurer:
244	1.  Not attempting in good faith to settle claims when,
245	under all the circumstances, it could and should have done so,
246	had it acted fairly and honestly toward its insured and with due
247	regard for her or his interests and the interests of all other
248	policyholders. However, both the insured and any person
249	asserting any demand for such settlement owes a similar duty to
250	the insurer to cooperate fully with the insurer, and it shall be
251	a defense to any action under this section if the court finds
252	that the insured or other person demanding settlement:
253	a.  Failed to cooperate fully in facilitating the
254	settlement;
255	b.  Imposed or adhered to time limits or other conditions
256	on settlement without at that time demonstrating to the insurer
257	valid reasons that such time limits or other conditions were
258	reasonable and necessary and that such reasons were totally
259	unrelated to the possibility of obtaining damages under this
260	section; or
261	c.  Lacked authority to make the demand or to accept the
262	amount demanded in full settlement of all claims, including
263	liens, arising from the occurrence;
264	2.  Making claims payments to insureds or beneficiaries not
265	accompanied by a statement setting forth the coverage under
266	which payments are being made; or
267	3.  Except as to liability coverages, failing to promptly
268	settle claims, when the obligation to settle a claim has become
269	reasonably clear, under one portion of the insurance policy
270	coverage in order to influence settlements under other portions
271	of the insurance policy coverage.
272
273	Notwithstanding the provisions of the above to the contrary, a
274	person pursuing a remedy under this section need not prove that
275	such act was committed or performed with such frequency as to
276	indicate a general business practice.
277	(3)(a)  As a condition precedent to bringing an action
278	under this section, the department and the authorized insurer
279	must have been given 90 60 days' written notice of the
280	violation. If the department returns a notice for lack of
281	specificity, the 90-day 60-day time period shall not begin until
282	a proper notice is filed.
283	(b)  The notice shall be on a form provided by the
284	department and shall state with specificity the following
285	information, and such other information as the department may
286	require:
287	1.  The statutory provision, including the specific
288	language of the statute, which the authorized insurer allegedly
289	violated.
290	2.  The specific facts and circumstances giving rise to the
291	violation, including facts and circumstances pertinent to each
292	factor stated in subsection (10) and the identity of all parties
293	who have made claims against the insured for the occurrence
294	giving rise to the claim and any documentation pertaining to
295	such claims.
296	3.  The name of any individual involved in the violation.
297	4.  Reference to specific policy coverage and language that
298	is relevant to the violation, if any. If the person bringing the
299	civil action is a third party claimant, she or he shall not be
300	required to reference the specific policy language if the
301	authorized insurer has not provided a copy of the policy to the
302	third party claimant pursuant to written request.
303	5.  A statement that the notice is given in order to
304	perfect the right to pursue the civil remedy authorized by this
305	section.
306	6.  A detailed description of the specific dollar amounts
307	that are due and unpaid under each available coverage and how
308	such amounts are calculated and of any other actions requested
309	to cure the violation.
310	(c)  Within 30 20 days of receipt of the notice, the
311	department shall may return any notice that does not provide the
312	specific information required by this section, and the
313	department shall indicate the specific deficiencies contained in
314	the notice. A determination by the department to return a notice
315	for lack of specificity shall be exempt from the requirements of
316	chapter 120.
317	(d)  No action shall lie if, within 90 60 days after filing
318	notice, the damages are paid or the circumstances giving rise to
319	the violation are corrected.
320	(e)  The authorized insurer that is the recipient of a
321	notice filed pursuant to this section shall report to the
322	department on the disposition of the alleged violation.
323	(f)  The applicable statute of limitations for an action
324	under this section shall be tolled for a period of 95 65 days by
325	the mailing of the notice required by this subsection or the
326	mailing of a subsequent notice required by this subsection.
327	(8)  The civil remedy specified in this section preempts
328	all does not preempt any other remedies and causes remedy or
329	cause of action for extra-contractual damages for failure to
330	settle under an insurance contract provided for pursuant to any
331	other statute or pursuant to the common law of this state. Any
332	person may obtain a judgment under either the common-law remedy
333	of bad faith or this statutory remedy, but shall not be entitled
334	to a judgment under both remedies. This section shall not be
335	construed to create a common-law cause of action. The damages
336	recoverable pursuant to this section shall include, but not
337	exceed, those actual damages which are a reasonably foreseeable
338	result of a specified violation of this section by the
339	authorized insurer and may include an award or judgment in an
340	amount that exceeds the policy limits. The rendition of a
341	judgment against a liability insured shall not raise any
342	presumption or inference that the violation will foreseeably
343	result in actual damages, except to the extent it is proven that
344	the insured has or is reasonably expected to have assets from
345	which such judgment is expected to be paid. The satisfaction of
346	a judgment rendered against an insurer pursuant to this
347	subsection shall operate as the satisfaction of the underlying
348	judgment against the insured.
349	(9)  In all actions against an insurer relating to failure
350	to settle claims for liability insurance coverage, the burden of
351	proof shall be clear and convincing evidence of an unreasonable
352	refusal to settle.
353	(a)  An insurer shall not be held liable for failure to pay
354	its policy limits if the insurer tenders its policy limits by
355	the earlier of:
356	1.  The 210th day after service of the complaint in the
357	negligence action upon the insured. The time period specified in
358	this subparagraph shall be extended by an additional 60 days if
359	the court finds in the action for a violation of this section
360	that, at any time during such period and after the 150th day
361	after service of the complaint in the underlying liability
362	action, the claimant provided new information not previously
363	provided to the insurer relating to the identity or testimony of
364	any material witnesses or the identity of any additional
365	claimants or defendants if such disclosure materially alters the
366	risk to the insured of an excess judgment; or
367	2.  The 60th day after the conclusion of all of the
368	following:
369	a.  Depositions of all claimants named in the complaint or
370	amended complaint.
371	b.  Depositions of all defendants named in the complaint or
372	amended complaint, including, in the case of a corporate
373	defendant, deposition of a designated representative.
374	c.  Depositions of all of the claimants' expert witnesses.
375	d.  The initial disclosure of witnesses and production of
376	documents.
377
378	When there are multiple claimants seeking compensation from the
379	same insured or multiple insureds or when there is a single
380	claimant seeking compensation from multiple insureds for damages
381	arising from the same occurrence, which compensation in the
382	aggregate exceeds policy limits, the insurer of the insured or
383	insureds shall not be held liable for extra-contractual damages
384	for failure to pay its policy limits if the insurer makes a
385	written offer of its policy limits within the time frame set
386	forth in this subsection to all known potential claimants in
387	exchange for releases of all claims against all insureds or
388	tenders such limits to the court for apportionment to the
389	claimants.
390	(b)  Either party may request that the court enter an order
391	finding that the other party has unnecessarily or
392	inappropriately delayed any of the events specified in
393	subparagraph (a)2. If the court finds that the claimant was
394	responsible for such unnecessary or inappropriate delay,
395	subparagraph (a)1. shall not apply to the insurer's tendering of
396	policy limits. If the court finds that the defendant or insurer
397	was responsible for such unnecessary or inappropriate delay,
398	subparagraph (a)2. shall not apply to the insurer's tendering of
399	policy limits.
400	(c)  If any party to an action alleging liability for acts
401	covered by liability insurance amends its witness list after
402	service of the complaint in such action, that party shall
403	provide a copy of the amended witness list to the insurer of the
404	defendant.
405	(d)  The time limits specified in this subsection shall not
406	be admissible as evidence that the insurer acted in violation of
407	this section.
408	(10)  When an insurer does not tender its policy limits to
409	settle a liability insurance claim under subsection (9), the
410	trier of fact, in determining whether an insurer has acted in
411	violation of this section, shall consider only:
412	(a)  The insurer's willingness to negotiate with the
413	claimant in anticipation of settlement.
414	(b)  The propriety of the insurer's methods of
415	investigating and evaluating the claim.
416	(c)  Whether the insurer timely informed the insured of an
417	offer to settle within the limits of coverage, the right to
418	retain personal counsel, and the risk of litigation.
419	(d)  Whether the insured denied liability or requested that
420	the case be defended after the insurer fully advised the insured
421	as to the facts and risks.
422	(e)  Whether the claimant imposed any condition, other than
423	the tender of the policy limits, on the settlement of the claim.
424	(f)  Whether the claimant provided all relevant information
425	to the insurer on a timely basis.
426	(g)  Whether and when other defendants in the case settled
427	or were dismissed from the case.
428	(h)  Whether there were multiple claimants seeking, in the
429	aggregate, compensation in excess of policy limits from the
430	defendant or the defendant's insurer.
431	(i)  Whether the insured or claimant misrepresented
432	material facts to the insurer or made material omissions of fact
433	to the insurer.
434	(j)  Other matters that constitute defenses or limitations
435	to actions or damages that are specified in this section.
436	(11)  An insurer that tenders policy limits shall be
437	entitled to a release of its insured if the claimant accepts the
438	tender.
439	(12)  Nothing in this section shall be construed to
440	prohibit an insured from assigning the cause of action to an
441	injured third-party claimant for the insurer's failure to act
442	fairly and honestly towards its insured and with due regard for
443	the insured's interest.
444	Section 4.  Section 768.0710, Florida Statutes, is amended
445	to read:
446	768.0710  Burden of proof in claims of negligence involving
447	transitory foreign objects or substances against persons or
448	entities in possession or control of business Premises liability
449	for commercial establishments.--
450	(1)  When a person slips and falls on a transitory foreign
451	substance in a retail establishment, the injured person must
452	prove that the retail establishment had actual or constructive
453	knowledge of the dangerous condition such that the condition
454	existed for such a length of time that, in the exercise of
455	ordinary care, the premises' owner should have known of the
456	condition and taken action to remedy the condition. Constructive
457	knowledge may be established by circumstantial evidence showing
458	that:
459	(a)  The dangerous condition existed for such a length of
460	time that, in the exercise of ordinary care, the premises owner
461	should have known of the condition; or
462	(b)  The condition occurred with regularity and was
463	therefore foreseeable. The person or entity in possession or
464	control of business premises owes a duty of reasonable care to
465	maintain the premises in a reasonably safe condition for the
466	safety of business invitees on the premises, which includes
467	reasonable efforts to keep the premises free from transitory
468	foreign objects or substances that might foreseeably give rise
469	to loss, injury, or damage.
470	(2)  Notwithstanding any provision of this section, any
471	person or entity in possession or control of a business premises
472	is not liable for any damages to a claimant if such loss,
473	injury, or damage to a business invitee is the result of the
474	intentional or criminal acts of a third party. In any civil
475	action for negligence involving loss, injury, or damage to a
476	business invitee as a result of a transitory foreign object or
477	substance on business premises, the claimant shall have the
478	burden of proving that:
479	(a)  The person or entity in possession or control of the
480	business premises owed a duty to the claimant;
481	(b)  The person or entity in possession or control of the
482	business premises acted negligently by failing to exercise
483	reasonable care in the maintenance, inspection, repair, warning,
484	or mode of operation of the business premises. Actual or
485	constructive notice of the transitory foreign object or
486	substance is not a required element of proof to this claim.
487	However, evidence of notice or lack of notice offered by any
488	party may be considered together with all of the evidence; and
489	(c)  The failure to exercise reasonable care was a legal
490	cause of the loss, injury, or damage.
491	Section 5.  Section 768.1254, Florida Statutes, is created
492	to read:
493	768.1254  Definitions.--As used in this section and ss.
494	768.1255 and 768.1256:
495	(1)  "Product liability action" means any civil claim or
496	action for harm caused by a product, regardless of the theory on
497	which the claim is based.
498	(2)  "Harm" means death; personal injury; physical damage
499	to property other than to the product itself; economic loss,
500	including the loss of earnings or other benefits related to
501	employment, medical expenses, lost support and services, funeral
502	and burial costs, loss of business or employment opportunities,
503	and medical monitoring, as permitted under applicable law; and
504	noneceonomic loss, including pain and suffering, mental anguish,
505	disfigurement, loss of capacity for the enjoyment of life,
506	emotional distress, loss of society and companionship, loss of
507	consortium, injury to reputation, humiliation, fear of future
508	injury, or increased risk of disease, as permitted under
509	applicable law. The term does not include direct, incidental, or
510	consequential pecuniary loss to, or resulting from damage to,
511	the product or nonphysical damage to property other than the
512	product.
513	(3)  "Manufacturer" means any person who, in the course of
514	a business conducted for that purpose, designs, makes,
515	constructs, formulates, produces, fabricates, assembles,
516	packages, or labels any product or component part of a product
517	or engages another to do so. The term does not include
518	independent product designers whose services are contracted for
519	by the manufacturer if such designers are not otherwise engaged
520	in the business of selling products.
521	(4)  "Person" means any individual, corporation, company,
522	association, firm, partnership, society, organization, joint
523	stock company, or any other entity.
524	(5)  "Product" means any tangible personal property
525	distributed commercially.
526	(6)  "Seller" means a person or entity, including a
527	retailer, distributor, wholesaler, or lessor, that is regularly
528	engaged in the selling or leasing of a product.
529	Section 6.  Section 768.1255, Florida Statutes, is created
530	to read:
531	768.1255  General rule; seller liable as a manufacturer.--
532	(1)  GENERAL RULE.--No product liability action may be
533	maintained or commenced against a product seller unless the
534	product seller:
535	(a)  Made an express warranty as to the product and the
536	failure of the product to conform to that warranty caused the
537	person's harm;
538	(b)  Produced, designed, designated, or provided the plans
539	or specifications for the manufacture or preparation of the
540	product;
541	(c)  Altered, modified, assembled, failed to maintain,
542	packaged, labeled, or installed the product in a manner that
543	caused the person's harm;
544	(d)  Violated a statutory or regulatory requirement when
545	the seller sold the product, including any violation of s.
546	768.125; or
547	(e)  Negligently entrusted or supplied the product for the
548	use of another whom the product seller knew or should have known
549	would be likely to use the product in a manner that posed an
550	unreasonable risk of physical harm to the user or others.
551	(2)  SELLER LIABLE AS A MANUFACTURER.--Notwithstanding
552	subsection (1), a product seller may be liable as a manufacturer
553	if:
554	(a)  The manufacturer has no identifiable agent, facility,
555	or other presence in the United States;
556	(b)  The manufacturer is not subject to service of process
557	in any state in which the action could have been brought and
558	service cannot be secured by a long-arm statute;
559	(c)  The manufacturer is otherwise immune from suit; or
560	(d)  The court determines that the person is or would be
561	unable to enforce a judgment against the manufacturer. For
562	purpose of this paragraph, the statute of limitations applicable
563	to a claim asserting the liability of a product seller is tolled
564	from the date of the filing of a complaint against the
565	manufacturer to the date that judgment is entered against the
566	manufacturer.
567	Section 7.  Subsections (2) and (3) of section 768.1256,
568	Florida Statutes, are amended to read:
569	768.1256  Government rules defense.--
570	(2)  In a product liability action as described in
571	subsection (1), there is a rebuttable presumption that the
572	product is defective or unreasonably dangerous and the
573	manufacturer or seller is liable if the manufacturer or seller
574	did not comply with the federal or state codes, statutes, rules,
575	regulations, or standards which:
576	(a)  Were relevant to the event causing the death or
577	injury;
578	(b)  Are designed to prevent the type of harm that
579	allegedly occurred; and
580	(c)  Require compliance as a condition for selling or
581	distributing the product.
582	(2)(3)  This section does not apply to an action brought
583	for harm allegedly caused by a drug that is ordered off the
584	market or seized by the Federal Food and Drug Administration.
585	Section 8.  Section 768.1382, Florida Statutes, is created
586	to read:
587	768.1382  Street lights and other similar illumination;
588	limitation on liability.--Neither the state, any of the state's
589	officers, agencies, or instrumentalities, any political
590	subdivision, as defined in s. 1.01, nor any electric utility, as
591	defined in s. 366.02(2), that provides or operates or maintains
592	street lights, security lights, or other similar illumination
593	shall be held liable for any civil damages for injury or death
594	affected or caused by the adequacy or failure of illumination of
595	such lights, regardless of whether the adequacy or failure of
596	illumination is alleged or demonstrated to have contributed in
597	any manner to the injury or death, unless such liability was
598	expressly assumed by written contract. No such entity that
599	provides, operates, or maintains a manner of illumination as
600	described in this section owes a duty to the public to provide,
601	operate, or maintain the illumination in any manner, except that
602	such a duty may be expressly assumed by written contract. In any
603	civil action for damages arising out of personal injury or
604	wrongful death when an entity's fault regarding the maintenance
605	of street lights is at issue, if the entity responsible for
606	maintaining the street lights is not a party to the litigation,
607	the entity shall not be deemed or found in such action to be in
608	any way at fault or responsible for the injury or death that
609	gave rise to the damages.
610	Section 9.  Paragraph (d) is added to subsection (9) of
611	section 768.28, Florida Statutes, to read:
612	768.28  Waiver of sovereign immunity in tort actions;
613	recovery limits; limitation on attorney fees; statute of
614	limitations; exclusions; indemnification; risk management
615	programs.--
616	(9)
617	(d)  No sheriff or law enforcement officer as defined in s.
618	943.10(1), employed by any county, municipality, state agency,
619	or any political subdivision of the state, or the employing
620	agency as defined in s. 943.10(4), shall be held liable for any
621	civil damages for injury or death effected or caused by a person
622	fleeing from a sheriff or law enforcement officer when the
623	pursuit of that person is conducted in a manner that did not
624	involve willful or wanton disregard for the safety of persons or
625	property on the part of the sheriff or law enforcement officer
626	and the person fleeing is reasonably believed to have committed
627	a felony violation of the laws of this state.
628	Section 10.  Subsection (1) of section 768.76, Florida
629	Statutes, is amended to read:
630	768.76  Collateral sources of indemnity.--
631	(1)  In any action to which this part applies in which
632	liability is admitted or is determined by the trier of fact and
633	in which damages are awarded to compensate the claimant for
634	losses sustained, the jury shall be informed of the total of all
635	amounts which have been paid for the benefit of claimant or
636	which are otherwise available to the claimant from all
637	collateral sources, and the court shall reduce the amount of
638	such award by the total of all amounts which have been paid for
639	the benefit of the claimant, or which are otherwise available to
640	the claimant, from all collateral sources; however, there shall
641	be no reduction for collateral sources for which a subrogation
642	or reimbursement right exists. Such reduction shall be offset to
643	the extent of any amount which has been paid, contributed, or
644	forfeited by, or on behalf of, the claimant or members of the
645	claimant's immediate family to secure her or his right to any
646	collateral source benefit which the claimant is receiving as a
647	result of her or his injury.
648	Section 11.  Subsection (9) is added to section 768.79,
649	Florida Statutes, to read:
650	768.79  Offer of judgment and demand for judgment.--
651	(9)  Nothing in this section restricts the ability of
652	parties to enter into any settlement agreements or release
653	agreements discharging liability in exchange for an amount of
654	consideration agreed to by the parties. If the parties reach
655	such agreement without the assistance of their respective
656	attorneys, an attorney fee shall be payable to the plaintiff's
657	attorney for an amount not to exceed 25 percent of the agreed-
658	upon consideration for the settlement and release, regardless of
659	any other contractual arrangement for attorney fees that may
660	exist.
661	Section 12.  Subsections (3) and (4) of section 768.81,
662	Florida Statutes, are amended to read:
663	768.81  Comparative fault.--
664	(3)  APPORTIONMENT OF DAMAGES.--In cases to which this
665	section applies, the court shall enter judgment against each
666	party liable on the basis of such party's percentage of fault
667	and not on the basis of the doctrine of joint and several
668	liability., except as provided in paragraphs (a), (b), and (c):
669	(a)  Where a plaintiff is found to be at fault, the
670	following shall apply:
671	1.  Any defendant found 10 percent or less at fault shall
672	not be subject to joint and several liability.
673	2.  For any defendant found more than 10 percent but less
674	than 25 percent at fault, joint and several liability shall not
675	apply to that portion of economic damages in excess of $200,000.
676	3.  For any defendant found at least 25 percent but not
677	more than 50 percent at fault, joint and several liability shall
678	not apply to that portion of economic damages in excess of
679	$500,000.
680	4.  For any defendant found more than 50 percent at fault,
681	joint and several liability shall not apply to that portion of
682	economic damages in excess of $1 million.
683
684	For any defendant under subparagraph 2., subparagraph 3., or
685	subparagraph 4., the amount of economic damages calculated under
686	joint and several liability shall be in addition to the amount
687	of economic and noneconomic damages already apportioned to that
688	defendant based on that defendant's percentage of fault.
689	(b)  Where a plaintiff is found to be without fault, the
690	following shall apply:
691	1.  Any defendant found less than 10 percent at fault shall
692	not be subject to joint and several liability.
693	2.  For any defendant found at least 10 percent but less
694	than 25 percent at fault, joint and several liability shall not
695	apply to that portion of economic damages in excess of $500,000.
696	3.  For any defendant found at least 25 percent but not
697	more than 50 percent at fault, joint and several liability shall
698	not apply to that portion of economic damages in excess of $1
699	million.
700	4.  For any defendant found more than 50 percent at fault,
701	joint and several liability shall not apply to that portion of
702	economic damages in excess of $2 million.
703
704	For any defendant under subparagraph 2., subparagraph 3., or
705	subparagraph 4., the amount of economic damages calculated under
706	joint and several liability shall be in addition to the amount
707	of economic and noneconomic damages already apportioned to that
708	defendant based on that defendant's percentage of fault.
709	(c)  With respect to any defendant whose percentage of
710	fault is less than the fault of a particular plaintiff, the
711	doctrine of joint and several liability shall not apply to any
712	damages imposed against the defendant.
713	(d)  In order to allocate any or all fault to a nonparty, a
714	defendant must affirmatively plead the fault of a nonparty and,
715	absent a showing of good cause, identify the nonparty, if known,
716	or describe the nonparty as specifically as practicable, either
717	by motion or in the initial responsive pleading when defenses
718	are first presented, subject to amendment any time before trial
719	in accordance with the Florida Rules of Civil Procedure.
720	(e)  In order to allocate any or all fault to a nonparty
721	and include the named or unnamed nonparty on the verdict form
722	for purposes of apportioning damages, a defendant must prove at
723	trial, by a preponderance of the evidence, the fault of the
724	nonparty in causing the plaintiff's injuries.
725	(4)  APPLICABILITY.--
726	(a)  This section applies to negligence cases. For purposes
727	of this section, "negligence cases" includes, but is not limited
728	to, civil actions for damages based upon theories of negligence,
729	strict liability, products liability, professional malpractice
730	whether couched in terms of contract or tort, or breach of
731	warranty and like theories, including actions for negligence
732	against any defendant for failure to prevent commission of an
733	intentional tort by another. In determining whether a case falls
734	within the term "negligence cases," the court shall look to the
735	substance of the action and not the conclusory terms used by the
736	parties.
737	(b)  This section does not apply to any action brought by
738	any person to recover actual economic damages resulting from
739	pollution, to any action in which an intentional tortfeasor is
740	sued and seeks to apportion fault to a negligent tortfeasor
741	based upon an intentional tort, or to any cause of action as to
742	which application of the doctrine of joint and several liability
743	is specifically provided by chapter 403, chapter 498, chapter
744	517, chapter 542, or chapter 895.
745	Section 13.  Section 324.031, Florida Statutes, is amended
746	to read:
747	324.031  Manner of proving financial responsibility.--The
748	owner or operator of a taxicab, limousine, jitney, or any other
749	for-hire passenger transportation vehicle may prove financial
750	responsibility by providing satisfactory evidence of holding a
751	motor vehicle liability policy as defined in s. 324.021(8) or s.
752	324.151, which policy is issued by an insurance carrier which is
753	a member of the Florida Insurance Guaranty Association. The
754	operator or owner of any other vehicle may prove his or her
755	financial responsibility by:
756	(1)  Furnishing satisfactory evidence of holding a motor
757	vehicle liability policy as defined in ss. 324.021(8) and
758	324.151;
759	(2)  Posting with the department a satisfactory bond of a
760	surety company authorized to do business in this state,
761	conditioned for payment of the amount specified in s.
762	324.021(7);
763	(3)  Furnishing a certificate of the department showing a
764	deposit of cash or securities in accordance with s. 324.161; or
765	(4)  Furnishing a certificate of self-insurance issued by
766	the department in accordance with s. 324.171.
767
768	Any person, including any firm, partnership, association,
769	corporation, or other person, other than a natural person,
770	electing to use the method of proof specified in subsection (2)
771	or subsection (3) shall post a bond or deposit equal to the
772	number of vehicles owned times $30,000, to a maximum of
773	$120,000; in addition, any such person, other than a natural
774	person, shall maintain insurance providing coverage in excess of
775	limits of $10,000/20,000/10,000 or $30,000 combined single
776	limits, and such excess insurance shall provide minimum limits
777	of $125,000/250,000/50,000 or $300,000 combined single limits.
778	These increased limits shall not affect the requirements for
779	proving financial responsibility under s. 324.032(1).
780	Section 14.  Sections 324.032 and 768.1257, Florida
781	Statutes, are repealed.
782	Section 15.  If any provision of this act or its
783	application to any person or circumstance is held invalid, the
784	invalidity does not affect other provisions or applications of
785	this act which can be given effect without the invalid provision
786	or application, and to this end, the provisions of this act are
787	declared severable.
788	Section 16.  This act shall take effect upon becoming a law
789	and shall apply to causes of action that accrue on or after the
790	effective date.

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