| HOUSE AMENDMENT |
| Bill No. HB 63B |
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CHAMBER ACTION |
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Representative Seiler offered the following: |
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Amendment (with title amendment) |
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Remove line(s) 1827-1835, and insert: |
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766.118 Determination of noneconomic damages.--
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(1) Except as provided in subsection (2), in an action for |
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damages for medical malpractice, the noneconomic damages awarded |
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to each plaintiff in a personal injury action or each statutory |
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survivor under s. 768.21 in a wrongful death action, as applied |
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to each defendant who is a party to the action, shall not exceed |
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$850,000.
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(2) In an action for damages for medical malpractice, the |
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limitation on noneconomic damages set forth in subsection (1) |
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shall not apply:
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(a) To an action in which the conduct of the defendant is |
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determined to constitute gross negligence, or reckless, willful |
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or wanton conduct.
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(b) Where the jury determines that there is a substantial |
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or permanent loss or impairment of a bodily function or |
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substantial disfigurement, in a wrongful death action where the |
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limitation on noneconomic damages would deprive the survivor of |
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fair compensation, or other special circumstances in the case |
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which warrant an award in excess of the limitations set forth in |
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subsection (1).
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(3) The Chief Financial Officer shall adjust the |
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limitation on noneconomic damages by an amount determined at the |
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end of each calendar year to reflect the cumulative annual |
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percentage change in the consumer price index. As used in this |
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subsection, “consumer price index” shall mean the most |
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comprehensive index of consumer prices available for this state |
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from the Bureau of Labor Statistics of the U.S. Department of |
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Labor.
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(4) The court shall instruct the jury that in the event |
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they find a defendant liable, they shall not award any plaintiff |
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or survivor more than $850,000 against any one defendant for |
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noneconomic damages unless the jury determines a higher award is |
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justified based upon the criteria set forth in subsection (2).
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================= T I T L E A M E N D M E N T ================= |
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Remove line 152, and insert: |
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negligence; providing exceptions; amending s. 766.202, |
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F.S.; redefining the |