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





                                                   HOUSE AMENDMENT

                                                   Bill No. HB 775

    Amendment No. 27 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Byrd offered the following:

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13         Amendment (with title amendment) 

14         On page 18, lines 4-8,

15  remove from the bill:  all of said lines

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17  and insert in lieu thereof:

18         Section 9.  Subsection (1) & (2) of section 768.78,

19  Florida Statutes, are redesignated as (2) & (3) respectfully,

20  paragraph (a) of the redesignated subsection (2) is amended to

21  read, and a new subsection (1) is created to read:

22         768.78  Proposals for structured settlement;

23  alternative methods of payment of damage awards.--

24         (1)  In both pre-judgment and post-judgment cases, the

25  parties shall specifically discuss the option and advantages

26  for the plaintiff of settlement through use of structured

27  periodic payments.  If, in connection with a settlement, the

28  plaintiff chooses to receive payment in the form of periodic

29  payments, the defendant or the defendant's liability carrier

30  shall be obligated to provide such payments, and the following

31  shall apply:

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    File original & 9 copies    03/08/99
    hju0004                     02:42 pm         00775-0062-921271




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 775

    Amendment No. 27 (for drafter's use only)





 1         (a)  To the extent the liability for payment of damages

 2  to the plaintiff qualify for assignment under Section 130, or

 3  any successor section, of the Internal Revenue Code as it may

 4  be amended from time to time, the defendant or the defendant's

 5  liability carrier shall assign the liability to make such

 6  periodic payments to a third party assignee agreed to by the

 7  plaintiff and defendant.

 8         (b)  The plaintiff shall have the right to

 9  independently select a properly licensed and appointed

10  structured settlement broker to place the structured

11  settlement on behalf of the plaintiff and defendant.

12         (c)  Any order approving or adopting a settlement to

13  which this section applies shall include a finding that the

14  settlement complies with this section.

15         (d)  This section shall not apply to cases the

16  settlement of which is under $100,000.

17         (e)  Nothing herein shall create an additional action

18  against the defendant or his attorneys.

19         (f)  This section shall apply only to cases impacted by

20  s. 104(a)(1), (2), and (3) of the Internal Revenue Code.

21         (g)  This section shall not apply to a defendant or his

22  liability carrier if the liability carrier generally (except

23  where otherwise agreed or ordered by a court) assigns payment

24  obligations to an affiliated life insurance company, and the

25  liability company does not generally use outside brokers and

26  retains liability in the even of the affiliated life insurance

27  company's default.

28         (2)(1)(a)  In any action to which this part applies in

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    File original & 9 copies    03/08/99
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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 775

    Amendment No. 27 (for drafter's use only)





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 2, line 6, after the semicolon,

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 5  insert:

 6         providing for discussion of structured

 7         settlements;

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    File original & 9 copies    03/08/99
    hju0004                     02:42 pm         00775-0062-921271