HOUSE AMENDMENT

                                           Bill No. CS for SB 1362

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Ritter offered the following:

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13         Amendment to Amendment (803811) (with title amendment) 

14         On page 1, between lines 16 and 17,

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16  insert:

17         Section 1.  Paragraph (c) of subsection (6) of section

18  627.736, Florida Statutes, is amended to read:

19         627.736  Required personal injury protection benefits;

20  exclusions; priority; claims.--

21         (6)  DISCOVERY OF FACTS ABOUT AN INJURED PERSON;

22  DISPUTES.--

23         (c)  In the event of any dispute regarding an insurer's

24  right to discovery of facts about an injured person's earnings

25  or about his or her history, condition, or treatment, or the

26  dates and costs of such treatment, the insurer may petition a

27  court of competent jurisdiction to enter an order permitting

28  such discovery.  The order may be made only on motion for good

29  cause shown and upon notice to all persons having an interest,

30  and it shall specify the time, place, manner, conditions, and

31  scope of the discovery. Such court may, in order to protect

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    File original & 9 copies    03/20/02
    hbd0001                     09:57 am         01362-0096-670051




                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1362

    Amendment No. ___ (for drafter's use only)





  1  against annoyance, embarrassment, or oppression, as justice

  2  requires, enter an order refusing discovery or specifying

  3  conditions of discovery and may order payments of costs and

  4  expenses of the proceeding, including reasonable fees for the

  5  appearance of attorneys at the proceedings, as justice

  6  requires. Regardless of status as an assignee or litigant, any

  7  medical provider who is subject to discovery by an insurance

  8  carrier shall be afforded status as a "skilled" and "expert"

  9  witness within the meaning of Rule 1.390 and subsection

10  (b)(4)(C) of rule 1.280 of the Florida rules of Civil

11  Procedure and shall be compensated accordingly.

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14  ================ T I T L E   A M E N D M E N T ===============

15  And the title is amended as follows:

16         On page 8, line 16,

17  remove:  all of said line

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19  and insert:

20         An act relating to insurance; amending s.

21         627.736, F.S.; providing that certain medical

22         providers shall be afforded status as a skilled

23         or expert witness under certain circumstances;

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    File original & 9 copies    03/20/02
    hbd0001                     09:57 am         01362-0096-670051