CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 374

    Amendment No.    

                            CHAMBER ACTION
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11  Senators Latvala and Gutman moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 25, between lines 28 and 29,

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16  insert:

17         Section 14.  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 attorney's fees under this section, the

21  following conditions precedent must be met:

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

23  pleading or defensive motion to a complaint brought under this

24  section and before trial, the parties or their designated

25  representatives shall meet in mediation to discuss the issues

26  of liability and damages in accordance with this paragraph for

27  the purpose of an early resolution of the matter.

28         1.  Within 60 days after the filing of the responsive

29  pleading or defensive motion, the parties shall:

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

31  a mediator, the defendant shall immediately notify the court,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 374

    Amendment No.    





 1  which shall appoint a mediator within 10 days after such

 2  notice.

 3         b.  Set a date for mediation.

 4         c.  Prepare an order for the court that identifies 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 a hearing.

 9         2.  The mediation must be concluded within 120 days

10  after the filing of a responsive pleading or defensive motion.

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

12  subject to mediation under this subsection.

13         3.  The mediation shall be conducted in the following

14  manner:

15         a.  Each party shall ensure that all persons necessary

16  for complete settlement authority are present at the

17  mediation.

18         b.  Each party shall mediate in good faith.

19         4.  All aspects of the mediation which are not

20  specifically established by this subsection must be conducted

21  according to the rules of practice and procedure adopted by

22  the Supreme Court of this state.

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

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

25  shall be recorded by the mediator in a written report that

26  states the amount of the offer, the date the offer was made in

27  writing, and the date the offer was rejected. If the matter

28  subsequently proceeds to trial under this section and the

29  plaintiff prevails but is awarded an amount in damages,

30  exclusive of attorney's fees, which is equal to or less than

31  the last offer made by the defendant at mediation, the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 374

    Amendment No.    





 1  plaintiff is not entitled to recover any attorney's fees.

 2         (c)  This subsection applies only to claims for

 3  liability and damages and does not apply to actions for

 4  injunctive relief.

 5         (d)  This subsection applies to all causes of action

 6  that accrue on or after October 1, 1999.

 7         (7)  Discovery of financial information for the purpose

 8  of determining the value of punitive damages may not be had

 9  unless the plaintiff shows the court by proffer or evidence in

10  the record that a reasonable basis exists to support a claim

11  for punitive damages.

12         (8)  In addition to any other standards for punitive

13  damages, any award of punitive damages must be reasonable in

14  light of the actual harm suffered by the resident and the

15  egregiousness of the conduct that caused the actual harm to

16  the resident.

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18  (Redesignate subsequent sections.)

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21  ================ T I T L E   A M E N D M E N T ===============

22  And the title is amended as follows:

23         On page 3, line 18, after the semicolon,

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25  insert:

26         amending s. 400.023, F.S., relating to actions

27         brought on behalf of nursing home residents;

28         providing that a party to any such action may

29         not recover attorney's fees unless parties

30         submit to mediation; specifying requirements

31         for such mediation; providing for application;

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 374

    Amendment No.    





 1         providing a standard for any award of punitive

 2         damages;

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