HOUSE AMENDMENT
                                                  Bill No. HB 1879
    Amendment No. 02b (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  The Council for Ready Infrastructure offered the following:
12  
13         Amendment (with title amendment) 
14         On page 83, line 27 through page 101, line 24,
15  remove from the bill:  all of said lines
16  
17  and insert in lieu thereof:  
18         Section 31.  Effective July 1, 2001, and applying to
19  causes of action accruing on or after that date, section
20  400.429, Florida Statutes, is amended to read:
21         400.429  Civil actions to enforce rights.--
22         (1)  Any person or resident whose rights as specified
23  in this part are violated shall have a cause of action for
24  long-term care facility negligence against any facility owner,
25  administrator, or staff responsible for the violation.  The
26  action may be brought by the resident or his or her guardian,
27  or by a person or organization acting on behalf of a resident
28  with the consent of the resident or his or her guardian, or by
29  the personal representative of the estate of a deceased
30  resident regardless of the cause of death when the cause of
31  death resulted from a violation of the decedent's rights, to
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    File original & 9 copies    04/23/01                          
    hgr0003                     08:22 am         01879-ric -724613

HOUSE AMENDMENT Bill No. HB 1879 Amendment No. 02b (for drafter's use only) 1 enforce such rights. If the action alleges a claim for the 2 resident's rights or for negligence that caused the death of 3 the resident, the claimant shall be required to elect either 4 survival damages pursuant to s. 46.021 or wrongful death 5 damages pursuant to s. 768.21. If the action alleges a claim 6 for the resident's rights or for negligence that did not cause 7 the death of the resident, the personal representative of the 8 estate may recover damages for the negligence that caused 9 injury to the resident. The action may be brought in any court 10 of competent jurisdiction to enforce such rights and to 11 recover actual damages, and punitive damages for any violation 12 of the rights of a resident or negligence when malicious, 13 wanton, or willful disregard of the rights of others can be 14 shown. Any resident who prevails in seeking injunctive relief 15 or a claim for an administrative remedy is entitled to recover 16 the costs of the action and a reasonable attorney's fee 17 assessed against the defendant not to exceed $25,000. Fees 18 shall be awarded solely for the injunctive or administrative 19 relief and not for any claim or action for damages whether 20 such claim or action is brought together with a request for an 21 injunction or administrative relief or as a separate action, 22 except as provided under s. 768.79 or the Florida Rules of 23 Civil Procedure. Any plaintiff who prevails in any such action 24 may be entitled to recover reasonable attorney's fees, costs 25 of the action, and damages, unless the court finds that the 26 plaintiff has acted in bad faith, with malicious purpose, and 27 that there was a complete absence of a justiciable issue of 28 either law or fact. A prevailing defendant may be entitled to 29 recover reasonable attorney's fees pursuant to s. 57.105. 30 Sections 400.429-400.4298 provide the exclusive remedy for a 31 cause of action for recovery of damages for the personal 2 File original & 9 copies 04/23/01 hgr0003 08:22 am 01879-ric -724613
HOUSE AMENDMENT Bill No. HB 1879 Amendment No. 02b (for drafter's use only) 1 injury or death of a nursing home resident arising out of 2 negligence or violation of rights specified in s. 400.022. 3 This section shall not be construed as precluding theories of 4 recovery not arising out of negligence or s. 400.022 that are 5 available to a resident or to the agency. The provisions of 6 chapter 766 do not apply to any cause of action brought under 7 ss. 400.429-400.4298. The remedies provided in this section 8 are in addition to and cumulative with other legal and 9 administrative remedies available to a resident or to the 10 agency. 11 (2) In any claim for long-term care facility 12 negligence causing injury to or the death of a resident, the 13 claimant shall have the burden of proving, by a preponderance 14 of the evidence, that: 15 (a) The defendant owed a duty to the resident; 16 (b) The defendant breached the duty to the resident; 17 (c) The breach of the duty is a legal cause of loss, 18 injury, death or damage to the resident; and 19 (d) The resident sustained loss, injury, death, or 20 damage as a result of the breach. 21 22 Nothing in this part shall be interpreted to create strict 23 liability. A violation of the rights set forth in s. 400.428 24 or in any other standard or guidelines specified in this part 25 or in any applicable administrative standard or guidelines of 26 this state or a federal regulatory agency shall be evidence of 27 negligence but shall not be considered negligence per se. 28 (3) In any claim for long-term care facility 29 negligence, a licensee, person or entity shall have a duty to 30 exercise reasonable care. Reasonable care is that degree of 31 care which a reasonably careful licensee, person or entity 3 File original & 9 copies 04/23/01 hgr0003 08:22 am 01879-ric -724613
HOUSE AMENDMENT Bill No. HB 1879 Amendment No. 02b (for drafter's use only) 1 would use under like circumstances. 2 (4) In any claim for long-term care facility 3 negligence, a nurse licensed under part I of chapter 464 shall 4 have the duty to exercise care consistent with the prevailing 5 professional standard of care for a nurse. The prevailing 6 professional standard of care for a nurse shall be that level 7 of care, skill, and treatment which, in light of all relevant 8 surrounding circumstances is recognized as acceptable and 9 appropriate by reasonably prudent similar nurses. To recover 10 attorney's fees under this section, the following conditions 11 precedent must be met: 12 (a) Within 120 days after the filing of a responsive 13 pleading or defensive motion to a complaint brought under this 14 section and before trial, the parties or their designated 15 representatives shall meet in mediation to discuss the issues 16 of liability and damages in accordance with this paragraph for 17 the purpose of an early resolution of the matter. 18 1. Within 60 days after the filing of the responsive 19 pleading or defensive motion, the parties shall: 20 a. Agree on a mediator. If the parties cannot agree on 21 a mediator, the defendant shall immediately notify the court, 22 which shall appoint a mediator within 10 days after such 23 notice. 24 b. Set a date for mediation. 25 c. Prepare an order for the court that identifies the 26 mediator, the scheduled date of the mediation, and other terms 27 of the mediation. Absent any disagreement between the parties, 28 the court may issue the order for the mediation submitted by 29 the parties without a hearing. 30 2. The mediation must be concluded within 120 days 31 after the filing of a responsive pleading or defensive motion. 4 File original & 9 copies 04/23/01 hgr0003 08:22 am 01879-ric -724613
HOUSE AMENDMENT Bill No. HB 1879 Amendment No. 02b (for drafter's use only) 1 The date may be extended only by agreement of all parties 2 subject to mediation under this subsection. 3 3. The mediation shall be conducted in the following 4 manner: 5 a. Each party shall ensure that all persons necessary 6 for complete settlement authority are present at the 7 mediation. 8 b. Each party shall mediate in good faith. 9 4. All aspects of the mediation which are not 10 specifically established by this subsection must be conducted 11 according to the rules of practice and procedure adopted by 12 the Supreme Court of this state. 13 (b) If the parties do not settle the case pursuant to 14 mediation, the last offer of the defendant made at mediation 15 shall be recorded by the mediator in a written report that 16 states the amount of the offer, the date the offer was made in 17 writing, and the date the offer was rejected. If the matter 18 subsequently proceeds to trial under this section and the 19 plaintiff prevails but is awarded an amount in damages, 20 exclusive of attorney's fees, which is equal to or less than 21 the last offer made by the defendant at mediation, the 22 plaintiff is not entitled to recover any attorney's fees. 23 (c) This subsection applies only to claims for 24 liability and damages and does not apply to actions for 25 injunctive relief. 26 (d) This subsection applies to all causes of action 27 that accrue on or after October 1, 1999. 28 (5)(3) Discovery of financial information for the 29 purpose of determining the value of punitive damages may not 30 be had unless the plaintiff shows the court by proffer or 31 evidence in the record that a reasonable basis exists to 5 File original & 9 copies 04/23/01 hgr0003 08:22 am 01879-ric -724613
HOUSE AMENDMENT Bill No. HB 1879 Amendment No. 02b (for drafter's use only) 1 support a claim for punitive damages. 2 (6)(4) In addition to any other standards for punitive 3 damages, any award of punitive damages must be reasonable in 4 light of the actual harm suffered by the resident and the 5 egregiousness of the conduct that caused the actual harm to 6 the resident. 7 (7) The resident or their legal representative shall 8 serve a copy of any complaint, alleging in whole or in part, 9 the violation of any rights specified in this part to the 10 Agency for Health Care Administration at the tim of filing the 11 initial complaint with the Clerk of th Court for the county in 12 which the action is pursued. 13 Section 32. Effective July 1, 2001, and applying to 14 causes of action accruing on or after that date, section 15 400.4293, Florida Statutes, is created to read: 16 400.4293 Presuit notice; investigation; notification 17 of violation of residents' rights or alleged negligence; 18 claims evaluation procedure; informal discovery; review.-- 19 (1) As used in this section, the term: 20 (a) "Claim for long-term care facility negligence" 21 means a negligence claim alleging injury to or the death of a 22 resident arising out of an asserted violation of the rights of 23 a resident under s. 400.428 or an asserted deviation from the 24 applicable standard of care. 25 (b) "Insurer" means any self-insurer authorized under 26 s. 627.357, liability insurance carrier, Joint Underwriting 27 Association, or any uninsured prospective defendant. 28 (2) Prior to filing a claim for long-term care 29 facility negligence, a claimant alleging injury to or the 30 death of a resident shall notify each prospective defendant by 31 certified mail, return receipt requested, of an asserted 6 File original & 9 copies 04/23/01 hgr0003 08:22 am 01879-ric -724613
HOUSE AMENDMENT Bill No. HB 1879 Amendment No. 02b (for drafter's use only) 1 violation of a resident's rights provided in s. 400.428 or 2 deviation from the standard of care. Such notification shall 3 include an identification of the rights the prospective 4 defendant has violated and the negligence alleged to have 5 caused the incident or incidents and a brief description of 6 the injuries sustained by the resident which are reasonably 7 identifiable at the time of notice. The notice shall contain a 8 certificate of counsel that counsel's reasonable investigation 9 gave rise to a good-faith belief that grounds exist for an 10 action against each prospective defendant. 11 (3)(a) No suit may be filed for a period of 75 days 12 after notice is mailed to any prospective defendant. During 13 the 75-day period, the prospective defendants or their 14 insurers shall conduct an evaluation of the claim to determine 15 the liability of each defendant and to evaluate the damages of 16 the claimants. Each defendant or insurer of the defendant 17 shall have a procedure for the prompt evaluation of claims 18 during the 75-day period. The procedure shall include one or 19 more of the following: 20 1. Internal review by a duly qualified facility risk 21 manager or claims adjuster; 22 2. Internal review by counsel for each prospective 23 defendant; 24 3. A quality assurance committee authorized under any 25 applicable state or federal statutes or regulations; 26 4. Any other similar procedure that fairly and 27 promptly evaluates the claims. 28 29 Each defendant or insurer of the defendant shall evaluate the 30 claim in good faith. 31 (b) At or before the end of the 75 days, the defendant 7 File original & 9 copies 04/23/01 hgr0003 08:22 am 01879-ric -724613
HOUSE AMENDMENT Bill No. HB 1879 Amendment No. 02b (for drafter's use only) 1 or insurer of the defendant shall provide the claimant with a 2 written response: 3 1. Rejecting the claim; or 4 2. Making a settlement offer. 5 (c) The response shall be delivered to the claimant if 6 not represented by counsel or to the claimant's attorney, by 7 certified mail, return receipt requested. Failure of the 8 prospective defendant or insurer of the defendant to reply to 9 the notice within 75 days after receipt shall be deemed a 10 rejection of the claim for purposes of this section. 11 (4) The notification of a claim for long-term care 12 facility negligence shall be served within the applicable 13 statute of limitations period; however, during the 75-day 14 period, the statute of limitations is tolled as to all 15 prospective defendants. Upon stipulation by the parties, the 16 75-day period may be extended and the statute of limitations 17 is tolled during any such extension. Upon receiving written 18 notice by certified mail, return receipt requested, of 19 termination of negotiations in an extended period, the 20 claimant shall have 60 days or the remainder of the period of 21 the statute of limitations, whichever is greater, within which 22 to file suit. 23 (5) No statement, discussion, written document, 24 report, or other work product generated by presuit claims 25 evaluation procedures under this section is discoverable or 26 admissible in any civil action for any purpose by the opposing 27 party. All participants, including, but not limited to, 28 physicians, investigators, witnesses, and employees or 29 associates of the defendant, are immune from civil liability 30 arising from participation in the presuit claims evaluation 31 procedure. Any licensed physician or registered nurse may be 8 File original & 9 copies 04/23/01 hgr0003 08:22 am 01879-ric -724613
HOUSE AMENDMENT Bill No. HB 1879 Amendment No. 02b (for drafter's use only) 1 retained by either party to provide an opinion regarding the 2 reasonable basis of the claim. The presuit opinions of the 3 expert are not discoverable or admissible in any civil action 4 for any purpose by the opposing party. 5 (6) Upon receipt by a prospective defendant of a 6 notice of claim, the parties shall make discoverable 7 information available without formal discovery as provided in 8 subsection (7). 9 (7) Informal discovery may be used by a party to 10 obtain unsworn statements and the production of documents or 11 things, as follows: 12 (a) Unsworn statements.--Any party may require other 13 parties to appear for the taking of an unsworn statement. Such 14 statements may be used only for the purpose of claims 15 evaluation and are not discoverable or admissible in any civil 16 action for any purpose by any party. A party seeking to take 17 the unsworn statement of any party must give reasonable notice 18 in writing to all parties. The notice must state the time and 19 place for taking the statement and the name and address of the 20 party to be examined. Unless otherwise impractical, the 21 examination of any party must be done at the same time by all 22 other parties. Any party may be represented by counsel at the 23 taking of an unsworn statement. An unsworn statement may be 24 recorded electronically, stenographically, or on videotape. 25 The taking of unsworn statements is subject to the provisions 26 of the Florida Rules of Civil Procedure and may be terminated 27 for abuses. 28 (b) Documents or things.--Any party may request 29 discovery of relevant documents or things. The documents or 30 things must be produced, at the expense of the requesting 31 party, within 20 days after the date of receipt of the 9 File original & 9 copies 04/23/01 hgr0003 08:22 am 01879-ric -724613
HOUSE AMENDMENT Bill No. HB 1879 Amendment No. 02b (for drafter's use only) 1 request. A party is required to produce relevant and 2 discoverable documents or things within that party's 3 possession or control, if in good faith it can reasonably be 4 done within the timeframe of the claims evaluation process. 5 (8) Each request for and notice concerning informal 6 discovery pursuant to this section must be in writing, and a 7 copy thereof must be sent to all parties. Such a request or 8 notice must bear a certificate of service identifying the name 9 and address of the person to whom the request or notice is 10 served, the date of the request or notice, and the manner of 11 service thereof. 12 (9) If a prospective defendant makes a written 13 settlement offer, the claimant shall have 15 days from the 14 date of receipt to accept the offer. An offer shall be deemed 15 rejected unless accepted by delivery of a written notice of 16 acceptance. 17 (10) To the extent not inconsistent with this part, 18 the provisions of the Florida Mediation Code, Florida Rules of 19 Civil Procedure, shall be applicable to such proceedings. 20 (11) Within 30 days after the claimant's receipt of 21 defendant's response to the claim, the parties or their 22 designated representatives shall meet in mediation to discuss 23 the issues of liability and damages in accordance with the 24 mediation rules of practice and procedures adopted by the 25 Supreme Court. Upon stipulation of the parties, this 30-day 26 period may be extended and the statute of limitations is 27 tolled during the mediation and any such extension. At the 28 conclusion of mediation the claimant shall have 60 days or the 29 remainder of the period of the statute of limitations, 30 whichever is greater, within which to file suit. 31 Section 33. Effective July 1, 2001, and applying to 10 File original & 9 copies 04/23/01 hgr0003 08:22 am 01879-ric -724613
HOUSE AMENDMENT Bill No. HB 1879 Amendment No. 02b (for drafter's use only) 1 causes of action accruing on or after that date, section 2 400.4294, Florida Statutes, is created to read: 3 400.4294 Availability of facility records for 4 investigation of resident's rights violations and defenses; 5 penalty.-- 6 (1) Failure to provide complete copies of a resident's 7 records including, but not limited to, all medical records and 8 the resident's chart, within the control or possession of the 9 facility within 10 days, in accordance with the provisions of 10 s. 400.145, shall constitute evidence of failure of that party 11 to comply with good-faith discovery requirements and shall 12 waive the good-faith certificate and presuit notice 13 requirements under this part by the requesting party. 14 (2) No facility shall be held liable for any civil 15 damages as a result of complying with this section. 16 Section 34. Effective July 1, 2001, section 400.4295, 17 Florida Statutes, is created to read: 18 400.4295 Certain provisions not applicable to claims 19 for long-term care facility negligence.--A claim for long-term 20 care facility negligence is not a claim for medical 21 malpractice, and the provisions of s. 768.21(8) do not apply 22 to a claim alleging death of the resident. 23 Section 35. Effective July 1, 2001, section 400.4296, 24 Florida Statutes, is created to read: 25 400.4296 Statute of limitations.-- 26 (1) Any claim for long-term care facility negligence 27 shall be commenced within 2 years from the time the incident 28 giving rise to the action occurred or within 2 years from the 29 time the incident is discovered, or should have been 30 discovered with the exercise of due diligence; however, in no 31 event shall the action be commenced later than 4 years from 11 File original & 9 copies 04/23/01 hgr0003 08:22 am 01879-ric -724613
HOUSE AMENDMENT Bill No. HB 1879 Amendment No. 02b (for drafter's use only) 1 the date of the incident or occurrence out of which the cause 2 of action accrued. 3 (2) In those actions covered by this subsection in 4 which it can be shown that fraudulent concealment or 5 intentional misrepresentation of fact prevented the discovery 6 of the injury, the period of limitations is extended forward 2 7 years from the time that the injury is discovered with the 8 exercise of due diligence, but in no event not more than 6 9 years from the date the incident giving rise to the injury 10 occurred. 11 (3) This section shall apply to causes of action that 12 have accrued prior to the effective date of this section; 13 however, any such cause of action that would not have been 14 barred under prior law may be brought within the time allowed 15 by prior law or within 2 years after the effective date of 16 this section, whichever is earlier, and will be barred 17 thereafter. In actions where it can be shown that fraudulent 18 concealment or intentional misrepresentation of fact prevented 19 the discovery of the injury, the period of limitations is 20 extended forward 2 years from the time that the injury is 21 discovered with the exercise of due diligence but in no event 22 more than 4 years from the effective date of this section. 23 Section 36. Section 400.4297, Florida Statutes, is 24 created to read: 25 400.4297 Punitive damages; pleading; burden of 26 proof.-- 27 (1) In any claim for long-term care facility 28 negligence, no claim for punitive damages shall be permitted 29 unless there is a reasonable showing by evidence in the record 30 or proffered by the claimant which would provide a reasonable 31 basis for recovery of such damages. The claimant may move to 12 File original & 9 copies 04/23/01 hgr0003 08:22 am 01879-ric -724613
HOUSE AMENDMENT Bill No. HB 1879 Amendment No. 02b (for drafter's use only) 1 amend her or his complaint to assert a claim for punitive 2 damages as allowed by the rules of civil procedure. The rules 3 of civil procedure shall be liberally construed so as to allow 4 the claimant discovery of evidence which appears reasonably 5 calculated to lead to admissible evidence on the issue of 6 punitive damages. No discovery of financial worth shall 7 proceed until after the pleading concerning punitive damages 8 is permitted. 9 (2) A defendant may be held liable for punitive 10 damages only if the trier of fact, based on clear and 11 convincing evidence, finds that the defendant was personally 12 guilty of intentional misconduct or gross negligence. As used 13 in this section, the term: 14 (a) "Intentional misconduct" means that the defendant 15 had actual knowledge of the wrongfulness of the conduct and 16 the high probability that injury or damage to the claimant 17 would result and, despite that knowledge, intentionally 18 pursued that course of conduct, resulting in injury or damage. 19 (b) "Gross negligence" means that the defendant's 20 conduct was so reckless or wanting in care that it constituted 21 a conscious disregard or indifference to the life, safety, or 22 rights of persons exposed to such conduct. 23 (3) In the case of an employer, principal, 24 corporation, or other legal entity, punitive damages may be 25 imposed for the conduct of an employee or agent only if the 26 conduct of the employee or agent meets the criteria specified 27 in subsection (2) and: 28 (a) The employer, principal, corporation, or other 29 legal entity actively and knowingly participated in such 30 conduct; 31 (b) The officers, directors, or managers of the 13 File original & 9 copies 04/23/01 hgr0003 08:22 am 01879-ric -724613
HOUSE AMENDMENT Bill No. HB 1879 Amendment No. 02b (for drafter's use only) 1 employer, principal, corporation, or other legal entity 2 knowingly condoned, ratified, or consented to such conduct; or 3 (c) The employer, principal, corporation, or other 4 legal entity engaged in conduct that constituted gross 5 negligence and that contributed to the loss, damages, or 6 injury suffered by the claimant. 7 (4) The plaintiff must establish at trial, by clear 8 and convincing evidence, its entitlement to an award of 9 punitive damages. The "greater weight of the evidence" burden 10 of proof applies to a determination of the amount of damages. 11 (5) This section is remedial in nature and shall take 12 effect upon becoming a law. 13 Section 37. Section 400.4298, Florida Statutes, is 14 created to read: 15 400.4298 Punitive damages; limitation.-- 16 (1)(a) Except as provided in paragraph (b), an award 17 of punitive damages may not exceed the greater of: 18 1. Three times the amount of compensatory damages 19 awarded to each claimant entitled thereto, consistent with the 20 remaining provisions of this section; or 21 2. The sum of $1 million. 22 (b) Where the fact finder determines beyond a 23 reasonable doubt that at the time of injury the wrongful 24 conduct proven under this section was motivated primarily by 25 unreasonable financial gain and determines that the 26 unreasonably dangerous nature of the conduct, together with 27 the high likelihood of injury resulting from the conduct, was 28 actually known by the managing agent, director, officer, or 29 other person responsible for making policy decisions on behalf 30 of the defendant, or at the time of injury the defendant had a 31 specific intent to harm the claimant and the finder of fact 14 File original & 9 copies 04/23/01 hgr0003 08:22 am 01879-ric -724613
HOUSE AMENDMENT Bill No. HB 1879 Amendment No. 02b (for drafter's use only) 1 determines by clear and convincing evidence that the 2 defendant's conduct did in fact harm the claimant, there shall 3 be no cap on punitive damages. 4 (c) This subsection is not intended to prohibit an 5 appropriate court from exercising its jurisdiction under s. 6 768.74 in determining the reasonableness of an award of 7 punitive damages that is less than three times the amount of 8 compensatory damages. 9 (2) The claimant's attorney's fees, if payable from 10 the judgment, are, to the extent that the fees are based on 11 the punitive damages, calculated based on the final judgment 12 for punitive damages. This subsection does not limit the 13 payment of attorney's fees based upon an award of damages 14 other than punitive damages. 15 (3) The jury may neither be instructed nor informed as 16 to the provisions of this section. 17 (4) This section is remedial in nature and shall take 18 effect upon becoming a law. 19 20 21 ================ T I T L E A M E N D M E N T =============== 22 And the title is amended as follows: 23 On page 3, line 11 24 25 26 after the semicolon, insert: 27 amending s. 400.429, F.S.; providing for 28 election of survival damages, wrongful death 29 damages, or recovery for negligence; providing 30 for attorney's fees for injunctive relief or 31 administrative remedy; providing that ch. 766, 15 File original & 9 copies 04/23/01 hgr0003 08:22 am 01879-ric -724613
HOUSE AMENDMENT Bill No. HB 1879 Amendment No. 02b (for drafter's use only) 1 F.S., does not apply to actions under this 2 section; prescribing the burden of proof; 3 providing that a violation of a right is not 4 negligence per se; prescribing the duty of 5 care; prescribing a nurse's duty of care; 6 eliminating presuit provisions; eliminating the 7 requirement for presuit mediation; requiring a 8 copy of complaint to be served on Agency; 9 creating s. 400.4293, F.S; providing for 10 presuit notice; prohibiting the filing of suit 11 for a specified time; requiring a response to 12 the notice; tolling the statute of limitations; 13 limiting the discovery of presuit investigation 14 documents; limiting liability of presuit 15 investigation participants; authorizing the 16 obtaining of opinions from a nurse or doctor; 17 authorizing the obtaining of unsworn 18 statements; authorizing discovery of relevant 19 documents; prescribing a time for acceptance of 20 settlement offers; requiring mediation; 21 prescribing the time to file suit; creating s. 22 400.4294, F.S.; requiring the availability of 23 facility records for presuit investigation; 24 specifying the records to be made available; 25 specifying what constitutes evidence of failure 26 to make records available in good faith; 27 specifying the consequences of such failure; 28 creating s. 400.4295, F.S.; providing that the 29 provisions of s. 768.21(8), F.S., do not apply 30 to actions under part III of ch. 400, F.S.; 31 creating s. 400.4296, F.S.; providing a statute 16 File original & 9 copies 04/23/01 hgr0003 08:22 am 01879-ric -724613
HOUSE AMENDMENT Bill No. HB 1879 Amendment No. 02b (for drafter's use only) 1 of limitations; providing a statute of 2 limitations when there is fraudulent 3 concealment or intentional misrepresentation of 4 fact; providing for application of the statute 5 of limitation to accrued actions; creating s. 6 400.4297, F.S.; requiring evidence of the basis 7 for punitive damages; prohibiting discovery 8 relating to financial worth; providing for 9 proof of punitive damages; defining the terms 10 "intentional misconduct" and "gross 11 negligence"; prescribing criteria governing 12 employers' liability for punitive damages; 13 providing for the remedial nature of 14 provisions; creating s. 400.4298, F.S.; 15 providing limits on the amount of punitive 16 damages; providing for the calculation of 17 attorney's fees; amending s. 768.735, F.S.; 18 providing that the section is inapplicable to 19 actions brought under ch. 400, F.S.; 20 21 22 23 24 25 26 27 28 29 30 31 17 File original & 9 copies 04/23/01 hgr0003 08:22 am 01879-ric -724613