HOUSE AMENDMENT

                                        Bill No. HB 1625, 1st Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Farkas offered the following:

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13         Amendment (with title amendment) 

14         On page 5, line 31,

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16  insert:

17         Section 1.  Subsection (2) of section 766.106, Florida

18  Statutes, is amended to read:

19         766.106  Notice before filing action for medical

20  malpractice; presuit screening period; offers for admission of

21  liability and for arbitration; informal discovery; review.--

22         (2)  After completion of presuit investigation pursuant

23  to s. 766.203 and prior to filing a claim for medical

24  malpractice, a claimant shall notify each prospective

25  defendant and, if any prospective defendant is a health care

26  provider licensed under chapter 458, chapter 459, chapter 460,

27  chapter 461, or chapter 466, the Department of Health by

28  certified mail, return receipt requested, of intent to

29  initiate litigation for medical malpractice. Notice to the

30  Department of Health must include the full name and address of

31  the claimant; the full names and any known addresses of any

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    File original & 9 copies    05/01/00
    hbd0001                     10:29 am         01625-0052-692917




                                                   HOUSE AMENDMENT

                                        Bill No. HB 1625, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  health care providers licensed under chapter 458, chapter 459,

 2  chapter 460, chapter 461, or chapter 466 who are prospective

 3  defendants identified at the time; the date and a summary of

 4  the occurrence giving rise to the claim; and a description of

 5  the injury to the claimant. The requirement for notice to the

 6  Department of Health does not impair the claimant's legal

 7  rights or ability to seek relief for his or her claim, and the

 8  notice provided to the department is not discoverable or

 9  admissible in any civil or administrative action. The

10  Department of Health shall review each incident and determine

11  whether it involved conduct by a licensee which is potentially

12  subject to disciplinary action, in which case the provisions

13  of s. 455.621 apply.

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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,

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20  after the semicolon insert:

21         amending s. 766.106, F.S.; providing that

22         following the initiation of a suit alleging

23         medical malpractice the claimant must provide

24         notice to the Department of Health along with a

25         copy of the service of process;

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    File original & 9 copies    05/01/00
    hbd0001                     10:29 am         01625-0052-692917