HOUSE AMENDMENT Bill No. HB 63B
1	CHAMBER ACTION
2	Senate House
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12	Representative Ambler offered the following:
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14	Amendment (with title amendment)
15	Between line(s) 1835 and 1836, insert:
16	Section 38. Section 766.1181, Florida Statutes, is created
17	to read:
18	766.1181 Presumptively reasonable range of verdicts.--In
19	the event that a jury, pursuant to s. 766.118, determines that
20	there is substantial or permanent loss or impairment of a bodily
21	function, or substantial disfigurement, or other special
22	circumstances in the case that warrant a finding that imposition
23	of the limitation contained therein would deprive the claimant
24	of just compensation for the injuries sustained, the award for
25	noneconomic damages shall be determined as follows:
26	(1) The award for noneconomic damages from the jury shall
27	be reviewed by the judge to determine the appropriateness of the
28	award.
29	(2) In reviewing the award, the judge shall utilize the
30	Florida Jury Verdict Database as provided in s. 766.1182.
31	(3)(a) The judge shall examine all cases where the
32	injuries alleged and the economic damages awarded are
33	substantially similar.
34	(b) The judge shall adopt a presumptively reasonable range
35	of similar awards that shall be one standard deviation above and
36	below the mean award for similar cases. The judge shall then
37	subtract the economic damages awarded by the jury from the valid
38	range to find the valid range for noneconomic damages.
39	(c) If the award for noneconomic damages is outside of the
40	presumptively reasonable range for noneconomic damages based on
41	similar cases, the judge may elect to change the award so that
42	it falls within said range, which is subject to appeal based on
43	abuse of discretion standards, or the judge may elect to leave
44	the amount as awarded by providing findings of fact on the
45	record, which shall be subject to appeal based on clear and
46	convincing evidence standards.
47	Section 39. Section 766.1182, Florida Statutes, is created
48	to read:
49	766.1182 Florida Jury Verdict Database.--
50	(1) The Agency for Health Care Administration shall
51	maintain the Florida Jury Verdict Database. For the initial
52	database, the department shall utilize information and
53	categories provided by a nationwide jury verdict research
54	database of plaintiff and defense verdicts and settlements
55	resulting from medical malpractice claims. The data to be used
56	must be reported, tabulated, and analyzed to determine values,
57	trends, and deviations for injuries and liabilities including
58	medical malpractice.
59	(2) Beginning September 1, 2003, all awards under
60	subsection (1) shall be reported by the clerk of the court in
61	the circuit in which the judgment was entered to the agency
62	within 3 business days for compilation into the Florida Jury
63	Verdict Database. The agency, in conjunction with the clerks of
64	the court, shall develop a format for the clerks to use in
65	reporting the information required for the categories utilized
66	by the database in subsection (1).
67	(3) Beginning July 1, 2007, the department shall only
68	utilize reports concerning cases within the state in the Florida
69	Jury Verdict Database.
70	(4) The awards reported by the clerks of the court shall
71	be adjusted annually in accordance with the changes in the
72	Consumer Price Index as issued by the United States Department
73	of Labor Bureau of Labor Statistics. The Agency for Health Care
74	Administration shall adjust all previously reported awards in
75	the Florida Jury Verdict Database as provided herein prior to
76	July 1 of each year. Only those awards reported from courts in
77	this state after September 1, 2003, shall be adjusted.
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80	================= T I T L E A M E N D M E N T =================
81	Remove line(s) 152, and insert:
82	negligence; creating s. 766.1181, F.S.; revising the
83	method for determining and reviewing awards of noneconomic
84	damages; authorizing judges to alter certain awards;
85	providing an exception; providing the right to appeal such
86	awards and establishing the standard for review; creating
87	s. 766.1182, F.S.; requiring the Agency for Health Care
88	Administration to maintain a jury verdict database
89	regarding malpractice actions; requiring the clerks of the
90	court to report all such future verdicts to the agency;
91	amending s. 766.202, F.S.; redefining the
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