CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 1028
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Campbell moved the following amendment to amendment
12 (540324):
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14 Senate Amendment (with title amendment)
15 On page 63, between lines 21 and 22,
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18 Section 41. Subsection (2) of section 766.106, Florida
19 Statutes, is amended to read:
20 766.106 Notice before filing action for medical
21 malpractice; presuit screening period; offers for admission of
22 liability and for arbitration; informal discovery; review.--
23 (2) After completion of presuit investigation pursuant
24 to s. 766.203 and prior to filing a claim for medical
25 malpractice, a claimant shall notify each prospective
26 defendant and, if any prospective defendant is a health care
27 provider licensed under chapter 458, chapter 459, chapter 460,
28 chapter 461, or chapter 466, the Department of Health by
29 certified mail, return receipt requested, of intent to
30 initiate litigation for medical malpractice. Following the
31 initiation of a suit alleging medical malpractice with a court
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SENATE AMENDMENT
Bill No. CS for SB 1028
Amendment No.
1 of competent jurisdiction, and service of the complaint upon a
2 defendant, the claimant shall provide a copy of the complaint
3 to the Department of Health. Notice to the Department of
4 Health must include the full name and address of the claimant;
5 the full names and any known addresses of any health care
6 providers licensed under chapter 458, chapter 459, chapter
7 460, chapter 461, or chapter 466 who are prospective
8 defendants identified at the time; the date and a summary of
9 the occurrence giving rise to the claim; and a description of
10 the injury to the claimant. The requirement for notice to the
11 Department of Health does not impair the claimant's legal
12 rights or ability to seek relief for his or her claim, and the
13 notice provided to the department is not discoverable or
14 admissible in any civil or administrative action. The
15 Department of Health shall review each incident and determine
16 whether it involved conduct by a licensee which is potentially
17 subject to disciplinary action, in which case the provisions
18 of s. 455.621 apply.
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22 And the title is amended as follows:
23 On page 68, line 8,
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25 after the semicolon insert:
26 amending s. 766.106, F.S.; providing that
27 following the initiation of a suit alleging
28 medical malpractice the claimant must provide
29 notice to the Department of Health along with a
30 copy of the service of process;
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