Florida Senate - 2006 SENATOR AMENDMENT
Bill No. SB 2006
Barcode 055242
CHAMBER ACTION
Senate House
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11 Senator Aronberg moved the following amendment to substitute
12 amendment (681316):
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14 Senate Amendment (with title amendment)
15 On page 1, line 21, through
16 page 3, line 25, delete those lines
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18 and insert:
19 (3) APPORTIONMENT OF DAMAGES.--In cases to which this
20 section applies, the trier of fact shall apportion the total
21 fault for the plaintiff's damages among the plaintiff, the
22 defendants to that action, and any released persons who have
23 settled with the plaintiff, and the court shall enter judgment
24 against each party liable on the basis of such party's
25 percentage of fault and not on the basis of the doctrine of
26 joint and several liability. A defendant in the action has a
27 right to join a person who may be amenable to judgment to the
28 plaintiff in that action, notwithstanding any applicable
29 statutes of limitations, within 120 days after service of the
30 complaint on that defendant. The person so joined is
31 thereafter a defendant to the action and, if fault is
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. SB 2006
Barcode 055242
1 apportioned to the joined person, the joined person shall be
2 adjudged legally liable to the plaintiff for its share of the
3 damages. All presuit requirements and any tolling provisions
4 set forth therein are applicable to any defendant choosing to
5 join a person to the action. Notwithstanding any other
6 provision of law, there shall be no setoffs in actions to
7 which this section applies., except as provided in paragraphs
8 (a), (b), and (c):
9 (a) Where a plaintiff is found to be at fault, the
10 following shall apply:
11 1. Any defendant found 10 percent or less at fault
12 shall not be subject to joint and several liability.
13 2. For any defendant found more than 10 percent but
14 less than 25 percent at fault, joint and several liability
15 shall not apply to that portion of economic damages in excess
16 of $200,000.
17 3. For any defendant found at least 25 percent but not
18 more than 50 percent at fault, joint and several liability
19 shall not apply to that portion of economic damages in excess
20 of $500,000.
21 4. For any defendant found more than 50 percent at
22 fault, joint and several liability shall not apply to that
23 portion of economic damages in excess of $1 million.
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25 For any defendant under subparagraph 2., subparagraph 3., or
26 subparagraph 4., the amount of economic damages calculated
27 under joint and several liability shall be in addition to the
28 amount of economic and noneconomic damages already apportioned
29 to that defendant based on that defendant's percentage of
30 fault.
31 (b) Where a plaintiff is found to be without fault,
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. SB 2006
Barcode 055242
1 the following shall apply:
2 1. Any defendant found less than 10 percent at fault
3 shall not be subject to joint and several liability.
4 2. For any defendant found at least 10 percent but
5 less than 25 percent at fault, joint and several liability
6 shall not apply to that portion of economic damages in excess
7 of $500,000.
8 3. For any defendant found at least 25 percent but not
9 more than 50 percent at fault, joint and several liability
10 shall not apply to that portion of economic damages in excess
11 of $1 million.
12 4. For any defendant found more than 50 percent at
13 fault, joint and several liability shall not apply to that
14 portion of economic damages in excess of $2 million.
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16 For any defendant under subparagraph 2., subparagraph 3., or
17 subparagraph 4., the amount of economic damages calculated
18 under joint and several liability shall be in addition to the
19 amount of economic and noneconomic damages already apportioned
20 to that defendant based on that defendant's percentage of
21 fault.
22 (c) With respect to any defendant whose percentage of
23 fault is less than the fault of a particular plaintiff, the
24 doctrine of joint and several liability shall not apply to any
25 damages imposed against the defendant.
26 (d) In order to allocate any or all fault to a
27 nonparty, a defendant must affirmatively plead the fault of a
28 nonparty and, absent a showing of good cause, identify the
29 nonparty, if known, or describe the nonparty as specifically
30 as practicable, either by motion or in the initial responsive
31 pleading when defenses are first presented, subject to
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. SB 2006
Barcode 055242
1 amendment any time before trial in accordance with the Florida
2 Rules of Civil Procedure.
3 (e) In order to allocate any or all fault to a
4 nonparty and include the named or unnamed nonparty on the
5 verdict form for purposes of apportioning damages, a defendant
6 must prove at trial, by a preponderance of the evidence, the
7 fault of the nonparty in causing the plaintiff's injuries.
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10 ================ T I T L E A M E N D M E N T ===============
11 And the title is amended as follows:
12 On page 4, lines 6-12 delete those lines
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14 and insert:
15 A bill to be entitled
16 An act relating to apportionment of damages in
17 civil actions; amending s. 768.81, F.S.;
18 providing for apportionment of fault; providing
19 for joinder of parties; deleting exceptions to
20 a requirement for liability based on percentage
21 of fault instead of joint and several
22 liability; providing applicability; providing
23 an effective date.
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