SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 1202
    Amendment No. ___   Barcode 871964
                            CHAMBER ACTION
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11  Senator Brown-Waite moved the following amendment:
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13         Senate Amendment 
14         On page 96, lines 12-23, delete those lines
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16  and insert:  768.79 or the Florida Rules of Civil Procedure.
17  Sections 400.023-400.0238 provide the exclusive remedy for a
18  cause of action for recovery of damages for the personal
19  injury or death of a nursing home resident arising out of
20  negligence or a violation of rights specified in s. 400.022.
21  This section does not preclude theories of recovery not
22  arising out of negligence or s. 400.022 which are available to
23  a resident or to the agency. The provisions of chapter 766 do
24  not apply to any cause of action brought under ss.
25  400.023-400.0238. Any plaintiff who prevails in any such
26  action may be entitled to recover reasonable attorney's fees,
27  costs of the action, and damages, unless the court finds that
28  the plaintiff has acted in bad faith, with malicious purpose,
29  and that there was a complete absence of a justiciable issue
30  of either law or fact.  A prevailing defendant may be entitled
31  to recover reasonable attorney's fees pursuant to s. 57.105.
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    1:27 PM   04/25/01                              s1202c3b-10j09


                                                  SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 1202
    Amendment No. ___   Barcode 871964
 1  The remedies provided in this section are in addition to and
 2  cumulative with other legal and administrative remedies
 3  available to a resident or to the agency.
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    1:27 PM   04/25/01                              s1202c3b-10j09