SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 1202
    Amendment No. ___   Barcode 585886
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Brown-Waite moved the following amendment:
12  
13         Senate Amendment 
14         On page 18, lines 15-25, delete those lines
15  
16  and insert:  Civil Procedure. Sections 400.023-400.0238
17  provide the exclusive remedy for a cause of action for
18  recovery of damages for the personal injury or death of a
19  nursing home resident arising out of negligence or a violation
20  of rights specified in s. 400.022. This section does not
21  preclude theories of recovery not arising out of negligence or
22  s. 400.022 which are available to a resident or to the agency.
23  The provisions of chapter 766 do not apply to any cause of
24  action brought under ss. 400.023-400.0238. Any plaintiff who
25  prevails in any such action may be entitled to recover
26  reasonable attorney's fees, costs of the action, and damages,
27  unless the court finds that the plaintiff has acted in bad
28  faith, with malicious purpose, and that there was a complete
29  absence of a justiciable issue of either law or fact.  A
30  prevailing defendant may be entitled to recover reasonable
31  attorney's fees pursuant to s. 57.105. The remedies provided
                                  1
    9:18 AM   04/26/01                               s1202.ju10.1m


                                                  SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 1202
    Amendment No. ___   Barcode 585886
 1  in this section are in addition to and cumulative with other
 2  legal and administrative remedies available to a resident and
 3  to the agency.
 4  
 5  
 6  
 7  
 8  
 9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
                                  2
    9:18 AM   04/26/01                               s1202.ju10.1m