HOUSE AMENDMENT Bill No. HB 15C
1	CHAMBER ACTION
2	Senate House
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12	Representative Simmons offered the following:
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14	Amendment (with directory and title amendments)
15	Remove lines 2696-2750, and insert:
16	(7) Informal discovery may be used by a party to obtain
17	sworn unswornstatements, the production of documents or things,
18	and physical and mental examinations, as follows:
19	(a) Sworn Unswornstatements.--Any party may require other
20	parties to appear for the taking of a sworn an unsworn
21	statement. Except as provided in subsection (15),such
22	statements may be used only for the purpose of presuit screening
23	and are not discoverable or admissible in any civil action for
24	any purpose by any party. A party desiring to take the sworn
25	unswornstatement of any party must give reasonable notice in
26	writing to all parties. The notice must state the time and place
27	for taking the statement and the name and address of the party
28	to be examined. Unless otherwise impractical, the examination of
29	any party must be done at the same time by all other parties.
30	Any party may be represented by counsel at the taking of a sworn
31	an unsworn statement. A sworn An unswornstatement may be
32	recorded electronically, stenographically, or on videotape. The
33	taking of sworn unswornstatements is subject to the provisions
34	of the Florida Rules of Civil Procedure and may be terminated
35	for abuses.
36	(b) Documents or things.--Any party may request discovery
37	of documents or things. The documents or things must be
38	produced, at the expense of the requesting party, within 20 days
39	after the date of receipt of the request. A party is required to
40	produce discoverable documents or things within that party's
41	possession or control.
42	(c) Physical and mental examinations.--A prospective
43	defendant may require an injured prospective claimant to appear
44	for examination by an appropriate health care provider. The
45	defendant shall give reasonable notice in writing to all parties
46	as to the time and place for examination. Unless otherwise
47	impractical, a prospective claimant is required to submit to
48	only one examination on behalf of all potential defendants. The
49	practicality of a single examination must be determined by the
50	nature of the potential claimant's condition, as it relates to
51	the liability of each potential defendant. Such examination
52	report is available to the parties and their attorneys upon
53	payment of the reasonable cost of reproduction and may be used
54	only for the purpose of presuit screening. Otherwise, such
55	examination report is confidential and exempt from the
56	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
57	Constitution.
58	(d) Written questions.--Any party may request answers to
59	written questions, the number of which may not exceed 30,
60	including subparts. A response must be made within 20 days after
61	receipt of the questions.
62	(13) Failure to cooperate on the part of any party during
63	the presuit investigation may be grounds to strike any claim
64	made, or defense raised, by such party in suit.
65	(14) The claimant must execute a medical information
66	release that allows a defendant or his or her legal
67	representative to obtain sworn statements of the claimant's
68	treating physicians, which statements must be limited to those
69	areas that are potentially relevant to the claim of personal
70	injury or wrongful death. A defendant must give reasonable
71	notice to the claimant before obtaining sworn statements from a
72	claimant's treating physician.
73	(15) Any discovery done pursuant to this section may, upon
74	the filing of an action for medical negligence by the claimant,
75	be used in such action. Further, any sworn statement taken or
76	document produced pursuant to this section shall constitute a
77	deposition or document production for purposes of s. 624.155(2).
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80	============= D I R E C T O R Y A M E N D M E N T =============
81	Remove lines 2597 and 2598, and insert:
82	766.106, Florida Statutes, are amended, and subsections (13),
83	(14), and (15) are added to said section, to read:
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86	================= T I T L E A M E N D M E N T =================
87	Remove lines 188-193, and insert:
88	self-insurer response to a claim; providing for the taking
89	of sworn, rather than unsworn, statements of parties
90	during informal presuit discovery; permitting written
91	questions during informal discovery; requiring a claimant
92	to execute a medical release to authorize defendants in
93	medical negligence actions to take sworn statements from a
94	claimant's treating physicians; imposing limits on such
95	statements; providing that discovery conducted during the
96	presuit period may be used in an action if suit is filed;
97	providing that sworn statements and documents produced
98	during informal presuit discovery constitute depositions
99	and document production for the purpose of s. 624.155(2),
100	F.S., governing bad faith actions relating to medical
101	malpractice insurers; creating s. 766.1065, F.S.;
102	requiring parties