HOUSE AMENDMENT
                                                  Bill No. HB 1879
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  The Council for Healthy Communities offered the following:
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13         Amendment to Amendment (132133) 
14         On page 14, line 8 through page 15, line 28
15  remove from the amendment:  all of said lines
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17  and insert in lieu thereof:  
18         Section 9.  Effective July 1, 2001, and applying to
19  causes of action accruing on or after that date, section
20  400.0237, Florida Statutes, is created to read:
21         400.0237  Punitive damages; pleading; burden of
22  proof.--
23         (1)  In any claim for long-term care facility
24  negligence, no claim for punitive damages shall be permitted
25  unless there is a reasonable showing by evidence in the record
26  or proffered by the claimant which would provide a reasonable
27  basis for recovery of such damages. The claimant may move to
28  amend her or his complaint to assert a claim for punitive
29  damages as allowed by the rules of civil procedure. The rules
30  of civil procedure shall be liberally construed so as to allow
31  the claimant discovery of evidence which appears reasonably
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    File original & 9 copies    04/23/01                          
    hhr0003                     09:18 pm         01879-hcc -680153

HOUSE AMENDMENT Bill No. HB 1879 Amendment No. ___ (for drafter's use only) 1 calculated to lead to admissible evidence on the issue of 2 punitive damages. No discovery of financial worth shall 3 proceed until after the pleading concerning punitive damages 4 is permitted. 5 (2) A defendant may be held liable for punitive 6 damages only if the trier of fact, based on clear and 7 convincing evidence, finds that the defendant was personally 8 guilty of intentional misconduct or gross negligence. As used 9 in this section, the term: 10 (a) "Intentional misconduct" means that the defendant 11 had actual knowledge of the wrongfulness of the conduct and 12 the high probability that injury or damage to the claimant 13 would result and, despite that knowledge, intentionally 14 pursued that course of conduct, resulting in injury or damage. 15 (b) "Gross negligence" means that the defendant's 16 conduct was so reckless or wanting in care that it constituted 17 a conscious disregard or indifference to the life, safety, or 18 rights of persons exposed to such conduct. 19 (3) In the case of an employer, principal, 20 corporation, or other legal entity, punitive damages may be 21 imposed for the conduct of an employee or agent only if the 22 conduct of the employee or agent meets the criteria specified 23 in subsection (2) and: 24 (a) The employer, principal, corporation, or other 25 legal entity actively and knowingly participated in such 26 conduct; 27 (b) The officers, directors, or managers of the 28 employer, principal, corporation, or other legal entity 29 knowingly condoned, ratified, or consented to such conduct; or 30 (c) The employer, principal, corporation, or other 31 legal entity engaged in conduct that constituted gross 2 File original & 9 copies 04/23/01 hhr0003 09:18 pm 01879-hcc -680153
HOUSE AMENDMENT Bill No. HB 1879 Amendment No. ___ (for drafter's use only) 1 negligence and that contributed to the loss, damages, or 2 injury suffered by the claimant. 3 (4) The plaintiff must establish at trial, by clear 4 and convincing evidence, its entitlement to an award of 5 punitive damages. The "greater weight of the evidence" burden 6 of proof applies to a determination of the amount of damages. 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 3 File original & 9 copies 04/23/01 hhr0003 09:18 pm 01879-hcc -680153