SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 564, SB 2120 & SB 2620
    Amendment No. ___   Barcode 292822
                            CHAMBER ACTION
              Senate                               House
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       04/23/2003 12:08 PM         .                    
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11  Senator Jones moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 4, between lines 29 and 30,
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16  insert:  
17         Section 2.  Section 766.118, Florida Statutes, is
18  created to read:
19         766.118  Determination of noneconomic damages.--
20         (1)  With respect to a cause of action for personal
21  injury or wrongful death resulting from an occurrence of
22  medical negligence, including actions pursuant to s. 766.209,
23  damages recoverable for noneconomic losses to compensate for
24  pain and suffering, inconvenience, physical impairment, mental
25  anguish, disfigurement, loss of capacity for enjoyment of
26  life, and all other noneconomic damages shall not exceed
27  $500,000 per defendant, regardless of the number of claimants
28  involved in the action.
29         (2)  The court may increase the amount of noneconomic
30  damages awarded under this section by an amount not to exceed
31  $500,000 per defendant in cases where medical negligence
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    5:19 PM   04/22/03                              s0564c3c-21m0a


                                                  SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 564, SB 2120 & SB 2620
    Amendment No. ___   Barcode 292822
 1  results in death, paralysis, coma, or significant cognitive
 2  neurological impairment.
 3         (3)  An individual defendant shall not be liable for
 4  more than $1 million under this section.
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 6  (Redesignate subsequent sections.)
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 9  ================ T I T L E   A M E N D M E N T ===============
10  And the title is amended as follows:
11         On page 1, line 3, after the semicolon,
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13  and insert:
14         creating s. 766.118, F.S.; providing that cause
15         of action for personal injury or wrongful death
16         from medical negligence, damages for
17         noneconomic losses shall not exceed $500,000
18         per defendant; authorizing the court to
19         increase amount of noneconomic damages awarded
20         by an amount not to exceed $500,000 per
21         defendant when medical negligence results in
22         death or other specified conditions;
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    5:19 PM   04/22/03                              s0564c3c-21m0a