HB 1337

1	House Joint Resolution
2	A joint resolution proposing the creation of Section 26 of
3	Article I and Section 26 of Article XII of the State
4	Constitution to ensure a medical liability claimant's
5	right to fair compensation in any medical liability claim.
6
7	Be It Resolved by the Legislature of the State of Florida:
8
9	That the creation of Section 26 of Article I and Section 26
10	of Article XII of the State Constitution set forth below is
11	agreed to and shall be submitted to the electors of Florida for
12	approval or rejection at the general election to be held in
13	November 2004:
14	ARTICLE I
15	DECLARATION OF RIGHTS
16	SECTION 26.  Claimant's right to fair compensation in
17	medical liability claim.--In any medical liability claim
18	involving a contingency fee, the claimant is entitled to receive
19	no less than 70 percent of the first $250,000 of all damages
20	received by the claimant, exclusive of reasonable and customary
21	costs, whether received by judgment, settlement, or otherwise,
22	and regardless of the number of defendants. The claimant is
23	entitled to 90 percent of all damages in excess of $250,000,
24	exclusive of reasonable and customary costs and regardless of
25	the number of defendants. This section is self-executing and
26	does not require implementing legislation.
27	ARTICLE XII
28	SCHEDULE
29	SECTION 26.  Claimant's right to fair compensation in
30	medical liability claim.--Section 26 of Article I, relating to a
31	claimant's right to fair compensation in a medical liability
32	claim involving a contingency fee, shall take effect November 3,
33	2004.
34	BE IT FURTHER RESOLVED that the title and substance of the
35	amendment proposed herein shall appear on the ballot as follows:
36	MEDICAL LIABILITY CLAIMANT'S COMPENSATION
37	Proposes the creation of Section 26 of Article I and
38	Section 26 of Article XII of the State Constitution to provide
39	that an injured claimant who enters into a contingency fee
40	agreement with an attorney in a claim for medical liability is
41	entitled to no less than 70 percent of the first $250,000 of all
42	damages received by the claimant and 90 percent of all damages
43	in excess of $250,000, exclusive of reasonable and customary
44	costs and regardless of the number of defendants; provides that
45	the amendment is self-executing; provides an effective date of
46	November 3, 2004.

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