HOUSE AMENDMENT Bill No. HB 1713
1	CHAMBER ACTION
2	Senate House
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12	Representative Simmons offered the following:
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14	Amendment (with title amendment)
15	Between lines 182 and 183, insert:
16	Section 2. Paragraphs (a) and (d) of subsection (2) of
17	section 624.155, Florida Statutes, are amended to read:
18	624.155 Civil remedy.--
19	(2)(a) As a condition precedent to bringing an action
20	under this section, and an action founded upon common law bad
21	faith failure to settle a claim,the department and the insurer
22	must have been given 9060days' written notice of the
23	violation. If the department returns a notice for lack of
24	specificity, the 60-day time period shall not begin until a
25	proper notice is filed. In an action for medical negligence
26	under chapter 766, the 90 day time period shall not begin until
27	90 days after service of the complaint or demand for arbitration
28	upon the defendant.
29	(d) No action shall lie if, within 9060days after filing
30	notice, the damages are paid, the policy limits of the insurer
31	are tendered and its insured is fully released from all
32	liability relating to the underlying claim,or the circumstances
33	giving rise to the violation are otherwisecorrected.
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36	================= T I T L E A M E N D M E N T =================
37	Remove line(s) 2-3, and insert: An act relating to medical
38	incidents and insurance reform; providing legislative findings,
39	amending s. 624.155, F.S.; extending the time period for
40	providing notice to the insurer and the Department of Insurance
41	when bringing a civil action against an insurer; providing a
42	different time period for actions alleging medical negligence;
43	providing that a civil action may not be brought against the
44	insurer if it tenders the policy limits within 90 days of the
45	notice; creating s. 395.1012, F.S.;