HOUSE AMENDMENT

    hbd-38                           Bill No. CS/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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10                                                                

11  Representative(s) Farkas offered the following:

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13         Substitute Amendment for Amendment (250323) (with title

14  amendment) 

15         On page 86, between lines 2 and 3,

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17  insert:

18         Section 48.  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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    File original & 9 copies    05/01/00
    hbd0016                     12:58 pm         01659-0052-985701




                                                   HOUSE AMENDMENT

    hbd-38                           Bill No. CS/HB 1659, 1st Eng.

    Amendment No.     (for drafter's use only)





 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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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 6, line 18,

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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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    File original & 9 copies    05/01/00
    hbd0016                     12:58 pm         01659-0052-985701