SENATE AMENDMENT
Bill No. CS for SB 1362
Amendment No. ___ Barcode 294276
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Campbell moved the following amendment to House
12 amendment (803811):
13
14 Senate Amendment (with title amendment)
15 On page 4, line 15, through
16 page 8, line 4, delete those lines
17
18 and insert:
19 Section 4. Paragraph (c) of subsection (6) of section
20 627.736, Florida Statutes, is amended to read:
21 627.736 Required personal injury protection benefits;
22 exclusions; priority; claims.--
23 (6) DISCOVERY OF FACTS ABOUT AN INJURED PERSON;
24 DISPUTES.--
25 (c) In the event of any dispute regarding an insurer's
26 right to discovery of facts about an injured person's earnings
27 or about his or her history, condition, or treatment, or the
28 dates and costs of such treatment, the insurer may petition a
29 court of competent jurisdiction to enter an order permitting
30 such discovery. The order may be made only on motion for good
31 cause shown and upon notice to all persons having an interest,
1
9:29 AM 03/21/02 s1362c1c-33rp5
SENATE AMENDMENT
Bill No. CS for SB 1362
Amendment No. ___ Barcode 294276
1 and it shall specify the time, place, manner, conditions, and
2 scope of the discovery. Such court may, in order to protect
3 against annoyance, embarrassment, or oppression, as justice
4 requires, enter an order refusing discovery or specifying
5 conditions of discovery and may order payments of costs and
6 expenses of the proceeding, including reasonable fees for the
7 appearance of attorneys at the proceedings, as justice
8 requires. Regardless of status as an assignee or litigant, any
9 medical provider who is subject to discovery by an insurance
10 carrier shall be afforded status as a "skilled" and "expert"
11 witness within the meaning of Rule 1.390 and subsection
12 (b)(4)(C) of rule 1.280 of the Florida rules of Civil
13 Procedure and shall be compensated accordingly.
14
15
16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 On page 8, lines 26-28, delete those lines
19
20 and insert:
21 insurance; amending s. 627.736, F.S.; providing
22 that certain medical providers shall be
23 afforded status as a skilled or expert witness
24 under certain circumstances; providing an
25 effective date.
26
27
28
29
30
31
2
9:29 AM 03/21/02 s1362c1c-33rp5