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.

  8  

  9  Be It Enacted by the Legislature of the State of Florida:

10  

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.

                                  1

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.

 4  

 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.

26  

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

31  

                                  2

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.

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

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