Senate Bill sb2006
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2006
By Senator Webster
9-1178-06 See HB 145
1 A bill to be entitled
2 An act relating to apportionment of damages in
3 civil actions; amending s. 768.81, F.S.;
4 deleting exceptions to a requirement for
5 liability based on percentage of fault instead
6 of joint and several liability; providing
7 applicability; providing an effective date.
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9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Subsection (3) of section 768.81, Florida
12 Statutes, is amended to read:
13 768.81 Comparative fault.--
14 (3) APPORTIONMENT OF DAMAGES.--In cases to which this
15 section applies, the court shall enter judgment against each
16 party liable on the basis of such party's percentage of fault
17 and not on the basis of the doctrine of joint and several
18 liability., except as provided in paragraphs (a), (b), and
19 (c):
20 (a) Where a plaintiff is found to be at fault, the
21 following shall apply:
22 1. Any defendant found 10 percent or less at fault
23 shall not be subject to joint and several liability.
24 2. For any defendant found more than 10 percent but
25 less than 25 percent at fault, joint and several liability
26 shall not apply to that portion of economic damages in excess
27 of $200,000.
28 3. For any defendant found at least 25 percent but not
29 more than 50 percent at fault, joint and several liability
30 shall not apply to that portion of economic damages in excess
31 of $500,000.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2006
9-1178-06 See HB 145
1 4. For any defendant found more than 50 percent at
2 fault, joint and several liability shall not apply to that
3 portion of economic damages in excess of $1 million.
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5 For any defendant under subparagraph 2., subparagraph 3., or
6 subparagraph 4., the amount of economic damages calculated
7 under joint and several liability shall be in addition to the
8 amount of economic and noneconomic damages already apportioned
9 to that defendant based on that defendant's percentage of
10 fault.
11 (b) Where a plaintiff is found to be without fault,
12 the following shall apply:
13 1. Any defendant found less than 10 percent at fault
14 shall not be subject to joint and several liability.
15 2. For any defendant found at least 10 percent but
16 less than 25 percent at fault, joint and several liability
17 shall not apply to that portion of economic damages in excess
18 of $500,000.
19 3. For any defendant found at least 25 percent but not
20 more than 50 percent at fault, joint and several liability
21 shall not apply to that portion of economic damages in excess
22 of $1 million.
23 4. For any defendant found more than 50 percent at
24 fault, joint and several liability shall not apply to that
25 portion of economic damages in excess of $2 million.
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27 For any defendant under subparagraph 2., subparagraph 3., or
28 subparagraph 4., the amount of economic damages calculated
29 under joint and several liability shall be in addition to the
30 amount of economic and noneconomic damages already apportioned
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2006
9-1178-06 See HB 145
1 to that defendant based on that defendant's percentage of
2 fault.
3 (c) With respect to any defendant whose percentage of
4 fault is less than the fault of a particular plaintiff, the
5 doctrine of joint and several liability shall not apply to any
6 damages imposed against the defendant.
7 (a)(d) In order to allocate any or all fault to a
8 nonparty, a defendant must affirmatively plead the fault of a
9 nonparty and, absent a showing of good cause, identify the
10 nonparty, if known, or describe the nonparty as specifically
11 as practicable, either by motion or in the initial responsive
12 pleading when defenses are first presented, subject to
13 amendment any time before trial in accordance with the Florida
14 Rules of Civil Procedure.
15 (b)(e) In order to allocate any or all fault to a
16 nonparty and include the named or unnamed nonparty on the
17 verdict form for purposes of apportioning damages, a defendant
18 must prove at trial, by a preponderance of the evidence, the
19 fault of the nonparty in causing the plaintiff's injuries.
20 Section 2. This act shall take effect upon becoming a
21 law and shall apply to causes of action that accrue on or
22 after the effective date.
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CODING: Words stricken are deletions; words underlined are additions.