Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. HB 145
                        Barcode 912970
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 1/F/2R           .                    
       03/29/2006 02:37 PM         .                    
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11  Senator Aronberg moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On line 13, through
15            line 74, delete those lines
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17  and insert:  
18         (3)  APPORTIONMENT OF DAMAGES.--In cases to which this
19  section applies, the trier of fact shall apportion the total
20  fault for the plaintiff's damages among the plaintiff, the
21  defendants to that action, and any released persons who have
22  settled with the plaintiff, and the court shall enter judgment
23  against each party liable on the basis of such party's
24  percentage of fault and not on the basis of the doctrine of
25  joint and several liability. A defendant in the action has a
26  right to join a person who may be amenable to judgment to the
27  plaintiff in that action, notwithstanding any applicable
28  statutes of limitations, within 120 days after service of the
29  complaint on that defendant. The person so joined is
30  thereafter a defendant to the action and, if fault is
31  apportioned to the joined person, the joined person shall be
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Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 145 Barcode 912970 1 adjudged legally liable to the plaintiff for its share of the 2 damages. All presuit requirements and any tolling provisions 3 set forth therein are applicable to any defendant choosing to 4 join a person to the action. Notwithstanding any other 5 provision of law, there shall be no setoffs in actions to 6 which this section applies., except as provided in paragraphs 7 (a), (b), and (c): 8 (a) Where a plaintiff is found to be at fault, the 9 following shall apply: 10 1. Any defendant found 10 percent or less at fault 11 shall not be subject to joint and several liability. 12 2. For any defendant found more than 10 percent but 13 less than 25 percent at fault, joint and several liability 14 shall not apply to that portion of economic damages in excess 15 of $200,000. 16 3. For any defendant found at least 25 percent but not 17 more than 50 percent at fault, joint and several liability 18 shall not apply to that portion of economic damages in excess 19 of $500,000. 20 4. For any defendant found more than 50 percent at 21 fault, joint and several liability shall not apply to that 22 portion of economic damages in excess of $1 million. 23 24 For any defendant under subparagraph 2., subparagraph 3., or 25 subparagraph 4., the amount of economic damages calculated 26 under joint and several liability shall be in addition to the 27 amount of economic and noneconomic damages already apportioned 28 to that defendant based on that defendant's percentage of 29 fault. 30 (b) Where a plaintiff is found to be without fault, 31 the following shall apply: 2 3:51 PM 03/28/06 h014500c-27-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 145 Barcode 912970 1 1. Any defendant found less than 10 percent at fault 2 shall not be subject to joint and several liability. 3 2. For any defendant found at least 10 percent but 4 less than 25 percent at fault, joint and several liability 5 shall not apply to that portion of economic damages in excess 6 of $500,000. 7 3. For any defendant found at least 25 percent but not 8 more than 50 percent at fault, joint and several liability 9 shall not apply to that portion of economic damages in excess 10 of $1 million. 11 4. For any defendant found more than 50 percent at 12 fault, joint and several liability shall not apply to that 13 portion of economic damages in excess of $2 million. 14 15 For any defendant under subparagraph 2., subparagraph 3., or 16 subparagraph 4., the amount of economic damages calculated 17 under joint and several liability shall be in addition to the 18 amount of economic and noneconomic damages already apportioned 19 to that defendant based on that defendant's percentage of 20 fault. 21 (c) With respect to any defendant whose percentage of 22 fault is less than the fault of a particular plaintiff, the 23 doctrine of joint and several liability shall not apply to any 24 damages imposed against the defendant. 25 (d) In order to allocate any or all fault to a 26 nonparty, a defendant must affirmatively plead the fault of a 27 nonparty and, absent a showing of good cause, identify the 28 nonparty, if known, or describe the nonparty as specifically 29 as practicable, either by motion or in the initial responsive 30 pleading when defenses are first presented, subject to 31 amendment any time before trial in accordance with the Florida 3 3:51 PM 03/28/06 h014500c-27-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 145 Barcode 912970 1 Rules of Civil Procedure. 2 (e) In order to allocate any or all fault to a 3 nonparty and include the named or unnamed nonparty on the 4 verdict form for purposes of apportioning damages, a defendant 5 must prove at trial, by a preponderance of the evidence, the 6 fault of the nonparty in causing the plaintiff's injuries. 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 On line 3, after the second semicolon, 12 13 insert: 14 providing for apportionment of fault; providing 15 for joinder of parties; 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 3:51 PM 03/28/06 h014500c-27-j02