SENATE AMENDMENT
Bill No. CS for CS for CS for SB 564, SB 2120 & SB 2620
Amendment No. ___ Barcode 395672
CHAMBER ACTION
Senate House
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04/23/2003 02:05 PM .
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11 Senator Peaden moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 17, line 16, through
15 page 18, line 11, delete those lines
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17 and insert:
18 Section 7. Subsections (3), (5), (7), and (8) of
19 section 766.202, Florida Statutes, are amended to read:
20 766.202 Definitions; ss. 766.201-766.212.--As used in
21 ss. 766.201-766.212, the term:
22 (3) "Economic damages" means financial losses that
23 which would not have occurred but for the injury giving rise
24 to the cause of action, including, but not limited to, past
25 and future medical expenses and 80 percent of wage loss and
26 loss of earning capacity, to the extent the claimant is
27 entitled to recover such damages under general law, including
28 the Wrongful Death Act.
29 (5) "Medical expert" means a person duly and regularly
30 engaged in the practice of his or her profession who holds a
31 health care professional degree from a university or college
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3:19 PM 04/22/03 s0564c3c-02j01
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 564, SB 2120 & SB 2620
Amendment No. ___ Barcode 395672
1 and who meets the requirements of an expert witness as set
2 forth in s. 766.102 has had special professional training and
3 experience or one possessed of special health care knowledge
4 or skill about the subject upon which he or she is called to
5 testify or provide an opinion.
6 (7) "Noneconomic damages" means nonfinancial losses
7 which would not have occurred but for the injury giving rise
8 to the cause of action, including pain and suffering,
9 inconvenience, physical impairment, mental anguish,
10 disfigurement, loss of capacity for enjoyment of life, and
11 other nonfinancial losses, to the extent the claimant is
12 entitled to recover such damages under general law, including
13 the Wrongful Death Act.
14 (8) "Periodic payment" means provision for the
15 structuring of future economic damages payments, in whole or
16 in part, over a period of time, as follows:
17 (a) A specific finding of the dollar amount of
18 periodic payments which will compensate for these future
19 damages after offset for collateral sources shall be made.
20 The total dollar amount of the periodic payments shall equal
21 the dollar amount of all such future damages before any
22 reduction to present value.
23 (b) The defendant shall be required to post a bond or
24 security or otherwise to assure full payment of these damages
25 awarded. A bond is not adequate unless it is written by a
26 company authorized to do business in this state and is rated
27 A+ by Best's. If the defendant is unable to adequately assure
28 full payment of the damages, all damages, reduced to present
29 value, shall be paid to the claimant in a lump sum. No bond
30 may be canceled or be subject to cancellation unless at least
31 60 days' advance written notice is filed with the court and
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3:19 PM 04/22/03 s0564c3c-02j01
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 564, SB 2120 & SB 2620
Amendment No. ___ Barcode 395672
1 the claimant. Upon termination of periodic payments, the
2 security, or so much as remains, shall be returned to the
3 defendant.
4 (c) The provision for payment of future damages by
5 periodic payments shall specify the recipient or recipients of
6 the payments, the dollar amounts of the payments, the interval
7 between payments, and the number of payments or the period of
8 time over which payments shall be made.
9 (d) Any portion of the periodic payment which is
10 attributable to medical expenses that have not yet been
11 incurred shall terminate upon the death of the claimant. Any
12 outstanding medical expenses incurred prior to the death of
13 the claimant shall be paid from that portion of the periodic
14 payment attributable to medical expenses.
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18 And the title is amended as follows:
19 On page 1, line 29, after the words "noneconomic
20 damages,"
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22 insert:
23 and "periodic payment";
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