HOUSE AMENDMENT Bill No. HB 1713
1	CHAMBER ACTION
2	Senate House
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12	Representative Homan offered the following:
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14	Amendment (with directory and title amendments)
15	Between line(s) 1009 and 1010, insert:
16	Section 25. Section 766.1027, Florida Statutes, is created
17	to read:
18	766.1027 Actions for medical malpractice; limits on
19	attorney's fees; periodic payments.--
20	(1) An attorney may not contract for or collect a
21	contingency fee for representing any person seeking damages in
22	connection with an action for injury or damage against a health
23	care provider based upon such person's alleged professional
24	negligence in excess of the following limits:
25	(a) Forty percent of the first $50,000 recovered.
26	(b) Thirty-three and one-third percent of the next $50,000
27	recovered.
28	(c) Twenty-five percent of the next $500,000 recovered.
29	(d) Fifteen percent of any amount recovered in excess of
30	$600,000.
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32	This limitation applies regardless of whether the recovery is by
33	settlement, arbitration, or judgment or whether the person for
34	whom the recovery is made is a responsible adult, a child, or
35	incompetent.
36	(2) If periodic payments are to be awarded to the
37	plaintiff, the court shall place a total value on these payments
38	based upon the projected life expectancy of the plaintiff and
39	include this amount in computing the total award from which
40	attorney's fees are calculated under this section.
41	(3) As used in this section, the term:
42	(a) "Recovered" means the net sum recovered after
43	deducting any disbursements or costs incurred in connection with
44	prosecution or settlement of the claim. Costs of medical care
45	incurred by the plaintiff and costs or charges for office
46	overhead expenses of the attorney are not deductible
47	disbursements or costs for such purpose.
48	(b) "Health care provider" has the meaning ascribed in s.
49	766.1115(3)(d). The term includes the legal representatives of
50	such a person.
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52	================= T I T L E A M E N D M E N T =================
53	Remove line(s) 66, and insert:
54	enforcement; creating s. 766.1027, F.S.; limiting
55	attorney's fees in medical malpractice actions; defining
56	the terms "recovered" and "health care provider"; amending
57	s. 766.106, F.S.; extending the time