SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 1202
    Amendment No. ___   Barcode 782386
                            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 96, lines 12-23, delete those lines
15  
16  and insert:  768.79 or the Florida Rules of Civil Procedure.
17  Sections 400.429-400.4303 provide the exclusive remedy for a
18  cause of action for recovery of damages for the personal
19  injury or death of a resident arising out of negligence or a
20  violation of rights specified in s. 400.428. This section does
21  not preclude theories of recovery not arising out of
22  negligence or s. 400.428 which are available to a resident or
23  to the agency. The provisions of chapter 766 do not apply to
24  any cause of action brought under ss. 400.429-400.4303. Any
25  plaintiff who prevails in any such action may be entitled to
26  recover reasonable attorney's fees, costs of the action, and
27  damages, unless the court finds that the plaintiff has acted
28  in bad faith, with malicious purpose, and that there was a
29  complete absence of a justiciable issue of either law or fact.
30  A prevailing defendant may be entitled to recover reasonable
31  attorney's fees pursuant to s. 57.105. The remedies provided
                                  1
    10:18 AM   04/26/01                              s1202.ju10.2s


                                                  SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 1202
    Amendment No. ___   Barcode 782386
 1  in this section are in addition to and cumulative with other
 2  legal and administrative remedies available to a resident or
 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
    10:18 AM   04/26/01                              s1202.ju10.2s