| 1 | Representatives Seiler and Joyner offered the following: | 
| 2 | 
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| 3 | Amendment (with title amendment) | 
| 4 | Between lines 74 and 75, insert: | 
| 5 | Section 2.  Paragraph (a) of subsection (3) of section | 
| 6 | 766.209, Florida Statutes, is amended to read: | 
| 7 | 766.209  Effects of failure to offer or accept voluntary | 
| 8 | binding arbitration.-- | 
| 9 | (3)  If the defendant refuses a claimant's offer of | 
| 10 | voluntary binding arbitration: | 
| 11 | (a)  The claim shall proceed to trial, and the claimant, | 
| 12 | upon proving medical negligence, shall be entitled to recover | 
| 13 | damages subject to the limitations in s. 766.118, prejudgment | 
| 14 | interest, and reasonable attorney's fees up to 25 percent of the | 
| 15 | award reduced to present value. | 
| 16 | Section 3.  Section 766.118, Florida Statutes, is repealed. | 
| 17 | 
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| 18 | ======= T I T L E  A M E N D M E N T ======= | 
| 19 | Remove line 5 and insert: | 
| 20 | instead of joint and several liability; amending s. 766.209, | 
| 21 | F.S.; deleting a cross-reference; repealing s. 766.118, F.S., | 
| 22 | relating to determination of noneconomic damages; providing |