Florida Senate - 2013                                    SB 1312
       By Senator Lee
       24-00796B-13                                          20131312__
    1                        A bill to be entitled                      
    2         An act relating to medical negligence claims; creating
    3         s. 766.1091, F.S.; authorizing a health care provider
    4         or health care clinic and a patient or prospective
    5         patient to agree to submit a claim of medical
    6         negligence to arbitration; requiring that the
    7         arbitration agreement be governed by ch. 682, F.S.;
    8         authorizing the arbitration agreement to contain a
    9         provision that limits an award of damages; providing
   10         an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Section 766.1091, Florida Statutes, is created
   15  to read:
   16         766.1091 Voluntary binding arbitration; damages.—A health
   17  care provider licensed pursuant to chapter 458, chapter 459, or
   18  chapter 466; an entity owned in whole or in part by a health
   19  care provider licensed pursuant to chapter 458, chapter 459, or
   20  chapter 466; or a health care clinic licensed pursuant to part X
   21  of chapter 400 and a patient or prospective patient may agree in
   22  writing to submit to arbitration any claim for medical
   23  negligence that may currently exist or accrue in the future
   24  which would otherwise be brought pursuant to the provisions of
   25  this chapter. An arbitration agreement entered into pursuant to
   26  this section shall be governed by the provisions of chapter 682
   27  and may contain a provision that limits the available damages in
   28  an arbitration award.
   29         Section 2. This act shall take effect July 1, 2013.