HOUSE AMENDMENT

    hbd-06                                        Bill No. HB 3873

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Littlefield offered the following:

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13         Amendment (with title amendment) 

14         On page 1, line 27 of the bill

15

16  insert:

17         Section 1.  Subsections (6), (7), and (8) are added to

18  section 400.023, Florida Statutes, to read:

19         400.023  Civil enforcement.--

20         (6)  To recover attorneys' fees under this section the

21  following conditions precedent must be met:

22         (a)  Within 120 days of the filing of a responsive

23  pleading or defensive motion to a complaint brought pursuant

24  to this section, and before trial, the parties or their

25  designated representatives shall meet in mediation to discuss

26  the issues of liability and damages in accordance with

27  paragraph (a) for the purpose of early resolution of the

28  matter.

29         1.  The parties shall within 60 days of the filing of

30  the responsive pleading or defensive motion:

31         a.  Agree on a mediator. If the parties cannot agree on

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    File original & 9 copies    03/05/98
    hbd0005                     12:46 pm         03873-0061-862919




                                                   HOUSE AMENDMENT

    hbd-06                                        Bill No. HB 3873

    Amendment No.     (for drafter's use only)





 1  a mediator, the defendant shall immediately notify the Court,

 2  which shall appoint a mediator within 10 days of such notice.

 3         b.  Set a date for mediation.

 4         c.  Prepare an order for the Court identifying the

 5  mediator, the scheduled date of the mediation and other terms

 6  of the mediation. Absent any disagreement between the parties,

 7  the Court may issue the order for the mediation submitted by

 8  the parties without hearing.

 9         2.  The mediation must be concluded within 120 days of

10  the filing of responsive pleading or defensive motion. This

11  date may be extended only by agreement of all parties subject

12  to mediation under this subsection.

13         3.  The mediation shall be conducted in the following

14  manner:

15         a.  Each party shall have present at the mediation all

16  persons necessary to have complete settlement authority.

17         b.  All parties shall mediate in good faith.

18         4.  All aspects of the mediation not specifically

19  established by this subsection shall be conducted according to

20  the rules of practice and procedure adopted by the Supreme

21  Court of Florida.

22         (b)  If the parties do not settle the case pursuant to

23  mediation, the last offer of the defendant made at mediation

24  shall be recorded by the mediator in a written report stating

25  the amount of the offer, the date it was made in writing and

26  the date it was rejected. If the matter subsequently proceeds

27  to trial under this section and the plaintiff prevails but is

28  awarded an amount in damages exclusive of attorneys' fees

29  equal to or less than the last offer made by the defendant at

30  mediation, then the plaintiff shall not be entitled to recover

31  any attorneys' fees.

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    File original & 9 copies    03/05/98
    hbd0005                     12:46 pm         03873-0061-862919




                                                   HOUSE AMENDMENT

    hbd-06                                        Bill No. HB 3873

    Amendment No.     (for drafter's use only)





 1         (c)  This subsection shall apply only to claims for

 2  liability and damages and shall not apply to an action for

 3  injunctive relief.

 4         (d)  This subsection shall apply to all causes of

 5  action accruing after July 1, 1998.

 6         (7)  Discovery of financial information for the

 7  purposes of determining the value of punitive damages may not

 8  be had unless the plaintiff shows the Court by proffer or

 9  evidence in the record that a reasonable basis exists to

10  support a claim for punitive damages.

11         (8)  Any award of punitive damages must be reasonable

12  in light of the harm suffered by the resident and the

13  egregiousness of the conduct causing the harm.

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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 1, line 2, after the semicolon

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20

21  insert:

22         amending s. 400.023, F.S.; providing conditions

23         for the recovery of attorneys' fees with

24         respect to civil enforcement of certain

25         infractions related to nursing homes; providing

26         for application; providing for discovery;

27         providing for punitive damages;

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    File original & 9 copies    03/05/98
    hbd0005                     12:46 pm         03873-0061-862919