CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 1659, 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)
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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 10:35 am 01659-0052-250323
HOUSE AMENDMENT
Bill No. HB 1659, 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 10:35 am 01659-0052-250323