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Lawsuit liability limit ready for Senate vote

Today is Day 17 of the 60-day session of the Florida Legislature.

Defendants who are assigned only a percentage of fault in a lawsuit wouldn't have to pay the whole award just because a co-defendant can't pay under a bill (SB 2006) approved Wednesday by the Senate Judiciary Committee.

The measure, which has already passed the House, would eliminate a legal doctrine that says when damages are awarded, plaintiffs are entitled to the full award even if some defendants are broke. It sometimes results in one party having to pick up the portion of damages assigned to another defendant.

The bill, sponsored by Sen. Daniel Webster, R-Winter Garden, was approved 5-3 along party lines, Republicans for it and Democrats against. It now can go to the full Senate.

The measure is a top priority of the business lobby. It is opposed by lawyers for victims in negligence and other lawsuits.

Former Gov. Bob Martinez watched from the gallery as the Senate unanimously voted to name a Department of Environmental Protection building and laboratory in Tallahassee after him.

Senators praised the Republican from Tampa for his environmental record including establishment of the Preservation 2000 program that spent $3-billion over a 10-year period through 2000 to purchase endangered lands.

"It's quite an honor," Martinez said in an interview. "It's an area where I spent a lot of political capital and time."

Martinez said he often visited what the bill (SB 162) would name the Bob Martinez Center while serving as governor from 1987 through 1991. The bill now goes to the House where an identical one (HB 189) awaits a floor vote.

NURSING HOME GENERATORS: The state would reimburse nursing homes in five South Florida counties for upgrading their electrical wiring and making plans to quickly get portable generators after hurricanes under a bill (HB 645) approved by the House Health Care Committee. In return, under the pilot project, those homes would be required to take in evacuees from other nursing homes. Florida nursing homes already are required to have emergency generators, but many provide only power for critical medical equipment. The bill still must be heard by three more House committees. The Senate is working on a similar bill (SB 298).

NO VIAGRA FOR PREDATORS: The House Justice Council unanimously approved a bill (HB 1167) making it a misdemeanor for sexual predators to possess Viagra or other erectile dysfunction medications. Its next stop is the House floor. "Anything that we can bring up to put a barrier or hold them in check, the public is for, and I think the public is demanding it," said sponsor Aaron Bean, R-Fernandina Beach.

[Last modified March 23, 2006, 02:15:42]