| 1 | Representative Gaetz offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 4177 and 4178, insert: |
| 5 | Section 3. Subsection (4) of section 400.0238, Florida |
| 6 | Statutes, are amended to read: |
| 7 | 400.0238 Punitive damages; limitation.- |
| 8 | (4) Notwithstanding any other law to the contrary, if a |
| 9 | claimant has received a final judgment for the amount of |
| 10 | punitive damages or there is a settlement of a case in which the |
| 11 | claimant was granted leave to amend his or her complaint to add |
| 12 | a claim for punitive damages, the punitive award awarded |
| 13 | pursuant to this section shall be equally divided, before any |
| 14 | distribution to the claimant's counsel for fees or costs, |
| 15 | between the claimant and the Quality of Long-Term Care Facility |
| 16 | Improvement Trust Fund, in accordance with the following |
| 17 | provisions: |
| 18 | (a) In the event of a judgment, the clerk of the court |
| 19 | shall transmit a copy of the jury verdict to the Chief Financial |
| 20 | Officer by certified mail. In the final judgment, the court |
| 21 | shall order the percentages of the award, payable as provided |
| 22 | herein. In the event of a settlement, the parties shall transmit |
| 23 | by certified mail to the Chief Financial Officer a statement of |
| 24 | the proportionate share due to the Quality of Long-Term Care |
| 25 | Facility Improvement Trust Fund. |
| 26 | (b) A settlement agreement entered into between the |
| 27 | original parties to the action after a verdict has been returned |
| 28 | must provide a proportionate share payable to the Quality of |
| 29 | Long-Term Care Facility Improvement Trust Fund specified herein. |
| 30 | For purposes of this paragraph, a proportionate share is a 50- |
| 31 | percent share of that percentage of the settlement amount which |
| 32 | the punitive damages portion of the verdict bore to the total of |
| 33 | the compensatory and punitive damages in the verdict. |
| 34 | (c) For a settlement agreement entered into between the |
| 35 | parties to the action, at any time after a claimant is permitted |
| 36 | by the court to amend the agreement to add a count for punitive |
| 37 | damages, but before a final judgment on the issue, 50 percent of |
| 38 | the total settlement amount shall be the punitive award. The |
| 39 | punitive award shall be equally divided, before any distribution |
| 40 | to the claimant's counsel for fees or costs, between the |
| 41 | claimant and the Quality of Long-Term Care Facility Improvement |
| 42 | Trust Fund. The amount of the punitive award and the allocation |
| 43 | of that award provided for in this subsection may not be altered |
| 44 | in any way by agreement of the parties after the claimant has |
| 45 | been granted leave to amend his or her complaint to include a |
| 46 | claim for punitive damages. |
| 47 | (d) Settlement of a claim before a verdict by a defendant |
| 48 | in which a claimant was permitted at any time to amend the claim |
| 49 | to add a count for punitive damages is not an admission of |
| 50 | liability for conduct described in subsection (2) and is not |
| 51 | governed by this section. |
| 52 | (e)(c) The Department of Financial Services shall collect |
| 53 | or cause to be collected all payments due the state under this |
| 54 | section. Such payments are made to the Chief Financial Officer |
| 55 | and deposited in the appropriate fund specified in this |
| 56 | subsection. |
| 57 | (f)(d) If the full amount of punitive damages awarded |
| 58 | cannot be collected, the claimant and the other recipient |
| 59 | designated pursuant to this subsection are each entitled to a |
| 60 | proportionate share of the punitive damages collected. |
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| 63 |
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| 64 | ----------------------------------------------------- |
| 65 | T I T L E A M E N D M E N T |
| 66 | Remove line 23 and insert: |
| 67 | deficiencies; amending s. 400.23, F.S.; providing additional |
| 68 | conditions for settlements involving claims for punitive |
| 69 | damages; providing applicability; providing an |