Florida Senate - 2025 SENATOR AMENDMENT
Bill No. HB 6017
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LEGISLATIVE ACTION
Senate . House
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Floor: 1/F/2R .
04/30/2025 04:18 PM .
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Senator Yarborough moved the following:
1 Senate Amendment (with title amendment)
2
3 Before line 12
4 insert:
5 Section 1. Paragraphs (a), (b), and (c) of subsection (1)
6 of section 766.201, Florida Statutes, are amended to read
7 766.201 Legislative findings and intent.—
8 (1) The Legislature makes the following findings:
9 (a) High medical malpractice liability insurance premiums
10 result have increased dramatically in recent years, resulting in
11 increased medical care costs for most patients and functional
12 unavailability of malpractice insurance for some physicians.
13 (b) The major cost drivers of primary cause of increased
14 medical malpractice liability insurance premiums include the
15 cost of has been the substantial increase in loss payments and
16 the cost of defending to claimants caused by tremendous
17 increases in the amounts of paid claims.
18 (c) The average cost of a medical negligence claims,
19 including claims for wrongful death, must be balanced against
20 the public interest in ensuring access to claim has escalated in
21 the past decade to the point where it has become imperative to
22 control such cost in the interests of the public need for
23 quality medical services.
24 Section 2. Section 766.118, Florida Statutes, is amended to
25 read:
26 766.118 Determination of noneconomic damages.—
27 (1) DEFINITIONS.—As used in this section, the term:
28 (a) “Catastrophic injury” means a permanent impairment
29 constituted by:
30 1. Spinal cord injury involving severe paralysis of an arm,
31 a leg, or the trunk;
32 2. Amputation of an arm, a hand, a foot, or a leg involving
33 the effective loss of use of that appendage;
34 3. Severe brain or closed-head injury as evidenced by:
35 a. Severe sensory or motor disturbances;
36 b. Severe communication disturbances;
37 c. Severe complex integrated disturbances of cerebral
38 function;
39 d. Severe episodic neurological disorders; or
40 e. Other severe brain and closed-head injury conditions at
41 least as severe in nature as any condition provided in sub
42 subparagraphs a.-d.;
43 4. Second-degree or third-degree burns of 25 percent or
44 more of the total body surface or third-degree burns of 5
45 percent or more to the face and hands;
46 5. Blindness, defined as a complete and total loss of
47 vision; or
48 6. Loss of reproductive organs which results in an
49 inability to procreate.
50 (b) “Noneconomic damages” means noneconomic damages as
51 defined in s. 766.202(8).
52 (c) “Practitioner” means any person licensed under chapter
53 458, chapter 459, chapter 460, chapter 461, chapter 462, chapter
54 463, chapter 466, chapter 467, chapter 486, or s. 464.012 or
55 registered under s. 464.0123. “Practitioner” also means any
56 association, corporation, firm, partnership, or other business
57 entity under which such practitioner practices or any employee
58 of such practitioner or entity acting in the scope of his or her
59 employment. For the purpose of determining the limitations on
60 noneconomic damages set forth in this section, the term
61 “practitioner” includes any person or entity for whom a
62 practitioner is vicariously liable and any person or entity
63 whose liability is based solely on such person or entity being
64 vicariously liable for the actions of a practitioner.
65 (2) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF
66 PRACTITIONERS.—
67 (a) With respect to a cause of action for personal injury
68 or wrongful death arising from medical negligence of
69 practitioners, regardless of the number of such practitioner
70 defendants, noneconomic damages shall not exceed $500,000 per
71 claimant. No practitioner shall be liable for more than $500,000
72 in noneconomic damages, regardless of the number of claimants.
73 (b) Notwithstanding paragraph (a), if the negligence
74 resulted in a permanent vegetative state or death, the total
75 noneconomic damages recoverable from all practitioners,
76 regardless of the number of claimants, under this paragraph
77 shall not exceed $1 million. In cases that do not involve death
78 or permanent vegetative state, the patient injured by medical
79 negligence may recover noneconomic damages not to exceed $1
80 million if:
81 1. The trial court determines that a manifest injustice
82 would occur unless increased noneconomic damages are awarded,
83 based on a finding that because of the special circumstances of
84 the case, the noneconomic harm sustained by the injured patient
85 was particularly severe; and
86 2. The trier of fact determines that the defendant’s
87 negligence caused a catastrophic injury to the patient.
88 (c) The total noneconomic damages recoverable by all
89 claimants from all practitioner defendants under this subsection
90 shall not exceed $1 million in the aggregate.
91 (3) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF
92 NONPRACTITIONER DEFENDANTS.—
93 (a) With respect to a cause of action for personal injury
94 or wrongful death arising from medical negligence of
95 nonpractitioners, regardless of the number of such
96 nonpractitioner defendants, noneconomic damages shall not exceed
97 $750,000 per claimant.
98 (b) Notwithstanding paragraph (a), if the negligence
99 resulted in a permanent vegetative state or death, the total
100 noneconomic damages recoverable by such claimant from all
101 nonpractitioner defendants under this paragraph shall not exceed
102 $1.5 million. The patient injured by medical negligence of a
103 nonpractitioner defendant may recover noneconomic damages not to
104 exceed $1.5 million if:
105 1. The trial court determines that a manifest injustice
106 would occur unless increased noneconomic damages are awarded,
107 based on a finding that because of the special circumstances of
108 the case, the noneconomic harm sustained by the injured patient
109 was particularly severe; and
110 2. The trier of fact determines that the defendant’s
111 negligence caused a catastrophic injury to the patient.
112 (c) Nonpractitioner defendants are subject to the cap on
113 noneconomic damages provided in this subsection regardless of
114 the theory of liability, including vicarious liability.
115 (d) The total noneconomic damages recoverable by all
116 claimants from all nonpractitioner defendants under this
117 subsection shall not exceed $1.5 million in the aggregate.
118 (4) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF
119 PRACTITIONERS PROVIDING EMERGENCY SERVICES AND CARE.
120 Notwithstanding subsections (2) and (3), with respect to a cause
121 of action for personal injury or wrongful death arising from
122 medical negligence of practitioners providing emergency services
123 and care, as defined in s. 395.002(9), or providing services as
124 provided in s. 401.265, or providing services pursuant to
125 obligations imposed by 42 U.S.C. s. 1395dd to persons with whom
126 the practitioner does not have a then-existing health care
127 patient-practitioner relationship for that medical condition:
128 (a) Regardless of the number of such practitioner
129 defendants, noneconomic damages shall not exceed $150,000 per
130 claimant.
131 (b) Notwithstanding paragraph (a), the total noneconomic
132 damages recoverable by all claimants from all such practitioners
133 shall not exceed $300,000.
134
135 The limitation provided by this subsection applies only to
136 noneconomic damages awarded as a result of any act or omission
137 of providing medical care or treatment, including diagnosis that
138 occurs prior to the time the patient is stabilized and is
139 capable of receiving medical treatment as a nonemergency
140 patient, unless surgery is required as a result of the emergency
141 within a reasonable time after the patient is stabilized, in
142 which case the limitation provided by this subsection applies to
143 any act or omission of providing medical care or treatment which
144 occurs prior to the stabilization of the patient following the
145 surgery.
146 (5) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF
147 NONPRACTITIONER DEFENDANTS PROVIDING EMERGENCY SERVICES AND
148 CARE.—Notwithstanding subsections (2) and (3), with respect to a
149 cause of action for personal injury or wrongful death arising
150 from medical negligence of defendants other than practitioners
151 providing emergency services and care pursuant to obligations
152 imposed by s. 395.1041 or s. 401.45, or obligations imposed by
153 42 U.S.C. s. 1395dd to persons with whom the practitioner does
154 not have a then-existing health care patient-practitioner
155 relationship for that medical condition:
156 (a) Regardless of the number of such nonpractitioner
157 defendants, noneconomic damages shall not exceed $750,000 per
158 claimant.
159 (b) Notwithstanding paragraph (a), the total noneconomic
160 damages recoverable by all claimants from all such
161 nonpractitioner defendants shall not exceed $1.5 million.
162 (c) Nonpractitioner defendants may receive a full setoff
163 for payments made by practitioner defendants.
164
165 The limitation provided by this subsection applies only to
166 noneconomic damages awarded as a result of any act or omission
167 of providing medical care or treatment, including diagnosis that
168 occurs prior to the time the patient is stabilized and is
169 capable of receiving medical treatment as a nonemergency
170 patient, unless surgery is required as a result of the emergency
171 within a reasonable time after the patient is stabilized, in
172 which case the limitation provided by this subsection applies to
173 any act or omission of providing medical care or treatment which
174 occurs prior to the stabilization of the patient following the
175 surgery.
176 (6) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF A
177 PRACTITIONER PROVIDING SERVICES AND CARE TO A MEDICAID
178 RECIPIENT.—Notwithstanding subsections (2), (3), and (5), with
179 respect to a cause of action for personal injury or wrongful
180 death arising from medical negligence of a practitioner
181 committed in the course of providing medical services and
182 medical care to a Medicaid recipient, regardless of the number
183 of such practitioner defendants providing the services and care,
184 noneconomic damages may not exceed $300,000 per claimant, unless
185 the claimant pleads and proves, by clear and convincing
186 evidence, that the practitioner acted in a wrongful manner. A
187 practitioner providing medical services and medical care to a
188 Medicaid recipient is not liable for more than $200,000 in
189 noneconomic damages, regardless of the number of claimants,
190 unless the claimant pleads and proves, by clear and convincing
191 evidence, that the practitioner acted in a wrongful manner. The
192 fact that a claimant proves that a practitioner acted in a
193 wrongful manner does not preclude the application of the
194 limitation on noneconomic damages prescribed elsewhere in this
195 section. For purposes of this subsection:
196 (a) The terms “medical services,” “medical care,” and
197 “Medicaid recipient” have the same meaning as provided in s.
198 409.901.
199 (b) The term “practitioner,” in addition to the meaning
200 prescribed in subsection (1), includes any hospital or
201 ambulatory surgical center as defined and licensed under chapter
202 395.
203 (c) The term “wrongful manner” means in bad faith or with
204 malicious purpose or in a manner exhibiting wanton and willful
205 disregard of human rights, safety, or property, and shall be
206 construed in conformity with the standard set forth in s.
207 768.28(9)(a).
208 (7) LIMITATION ON NONECONOMIC DAMAGES FOR WRONGFUL DEATH
209 ARISING FROM MEDICAL NEGLIGENCE.—In a cause of action for
210 wrongful death arising from medical negligence, noneconomic
211 damages may not exceed $1 million, regardless of the number of
212 claimants or the number of practitioners or nonpractitioners who
213 are liable for a claimant’s damages.
214 (8) SETOFF.—In any case in which the jury verdict for
215 noneconomic damages exceeds the limits established by this
216 section, the trial court shall reduce the award for noneconomic
217 damages within the same category of defendants in accordance
218 with this section after making any reduction for comparative
219 fault as required by s. 768.81 but before application of a
220 setoff in accordance with ss. 46.015 and 768.041. In the event
221 of a prior settlement or settlements involving one or more
222 defendants subject to the limitations of the same subsection
223 applicable to a defendant remaining at trial, the court shall
224 make such reductions within the same category of defendants as
225 are necessary to ensure that the total amount of noneconomic
226 damages recovered by the claimant does not exceed the aggregate
227 limit established by the applicable subsection. This subsection
228 is not intended to change current law relating to the setoff of
229 economic damages.
230 (9)(8) ACTIONS GOVERNED BY SOVEREIGN IMMUNITY LAW.—This
231 section shall not apply to actions governed by s. 768.28.
232 Section 3. For the purpose of incorporating the amendment
233 made by this act to section 766.118, Florida Statutes, in a
234 reference thereto, paragraph (a) of subsection (3) of section
235 766.209, Florida Statutes, is reenacted to read:
236 766.209 Effects of failure to offer or accept voluntary
237 binding arbitration.—
238 (3) If the defendant refuses a claimant’s offer of
239 voluntary binding arbitration:
240 (a) The claim shall proceed to trial, and the claimant,
241 upon proving medical negligence, shall be entitled to recover
242 damages subject to the limitations in s. 766.118, prejudgment
243 interest, and reasonable attorney’s fees up to 25 percent of the
244 award reduced to present value.
245
246 ================= T I T L E A M E N D M E N T ================
247 And the title is amended as follows:
248 Delete lines 2 - 8
249 and insert:
250 An act relating to recovery of damages for claims of
251 medical negligence; amending s. 766.201, F.S.;
252 revising legislative findings; amending s. 766.118,
253 F.S.; deleting certain prohibitions providing that the
254 total noneconomic damages recovered if negligence by
255 certain persons resulted in death may not exceed
256 specified sums; limiting the amount of noneconomic
257 damages for wrongful death arising from medical
258 negligence regardless of the number of claimants or
259 the number of practitioners or nonpractitioners who
260 are liable for a claimant’s damages; reenacting s.
261 766.209(3)(a), F.S., relating to effects of failure to
262 offer or accept voluntary binding arbitration, to
263 incorporate the amendment made to s. 766.118, F.S., in
264 a reference thereto; amending s. 768.21, F.S.;
265 deleting a provision that precludes certain persons
266 from recovering damages for medical negligence that
267 result in death; amending ss. 400.023, 400.0235, and
268 429.295, F.S.; conforming provisions to changes made
269 by the act; providing an effective date.
270
271 WHEREAS, the Legislature finds that expanding the right to
272 recover noneconomic damages for wrongful death caused by medical
273 negligence furthers an important state interest of promoting
274 accountability and adherence to the applicable standards of
275 care, and
276 WHEREAS, the Legislature further recognizes that the
277 expansion of the right to recover damages must be balanced
278 against the important state interests of minimizing increases in
279 the cost of malpractice insurance and promoting the availability
280 of quality health care services, and
281 WHEREAS, the Legislature finds that limitations on
282 noneconomic damages in medical negligence cases further the
283 critical state interest in promoting the affordability and
284 availability of health care services, and
285 WHEREAS, the Legislature finds that the cases of Estate of
286 McCall v. United States, 134 So. 3d 894 (Fla. 2014) and North
287 Broward Hospital District v. Kalitan, 219 So. 3d 49 (Fla. 2017),
288 which invalidated limits on noneconomic damages, were decided
289 contrary to legislative intent and prior case law interpreting
290 the equal protection clauses of the United States Constitution
291 and the State Constitution, and
292 WHEREAS, the cases of Estate of McCall v. United States and
293 North Broward Hospital District v. Kalitan are inconsistent with
294 the decisions of other courts addressing limits on damages, and
295 WHEREAS, the Legislature finds that medical malpractice
296 insurance premiums in this state are the highest or among the
297 highest in the nation, and
298 WHEREAS, the Legislature finds that having high medical
299 malpractice insurance premiums causes physicians to practice
300 medicine without malpractice insurance, begin medical careers in
301 other states, pursue opportunities to practice in other states,
302 abstain from performing high-risk procedures in this state, or
303 retire early from the practice of medicine, and
304 WHEREAS, the Legislature finds that having the highest or
305 among the highest medical malpractice insurance premiums in the
306 nation threatens the quality and availability of health care
307 services for everyone in this state, and
308 WHEREAS, the Legislature finds that it is obligated to
309 minimize or prevent crises that result from high medical
310 malpractice premiums which, according to Mizrahi v. North Miami
311 Medical Center, Ltd., 712 So. 2d 826, 828 (Fla. 3d DCA 1998),
312 aff’d, 761 So. 2d 1040 (Fla. 2000), “adversely impact not only
313 physicians but also, ultimately, their patients through the
314 resultant increased cost of medical care,” and
315 WHEREAS, the Legislature finds that the rapidly growing
316 population and the changing demographics of this state make it
317 imperative for the state to have a legal environment that helps
318 to attract and retain physicians, and
319 WHEREAS, the Legislature finds that there is an
320 overpowering public necessity to ensure that physicians practice
321 medicine in this state, and
322 WHEREAS, the Legislature finds that there is also an
323 overpowering public necessity to enact policies that prevent
324 medical malpractice insurance premiums from being unaffordable,
325 and
326 WHEREAS, the Legislature finds that expanding the right to
327 recover noneconomic damages for wrongful death arising from
328 medical negligence without limiting amounts recoverable would
329 make health care more expensive and less accessible, and
330 WHEREAS, the Legislature finds that limitations on
331 noneconomic damages in medical negligence cases further the
332 public necessities of making quality health care available to
333 the residents of this state, ensuring that physicians practice
334 medicine in this state and ensuring that those physicians have
335 the opportunity to purchase affordable medical malpractice
336 insurance, NOW, THEREFORE,