SENATE AMENDMENT
    Bill No. CS for SB 2-C
    Amendment No. ___   Barcode 582772
                            CHAMBER ACTION
              Senate                               House
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       07/11/2003 11:31 AM         .                    
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11  Senator Cowin moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 171, between lines 23 and 24,
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16  insert:  
17         Section 82.  Section 766.1045, Florida Statutes, is
18  created to read:
19         766.1045  Distribution of awards in medical negligence
20  cases.--Damages awarded to a plaintiff in an action for
21  personal injury or wrongful death arising out of medical
22  negligence, whether in tort or contract, must be paid in the
23  following amount and order of priority:
24         (1)  Previously incurred and unpaid medical expenses
25  must be paid.
26         (2)  Court costs incurred on behalf of the plaintiff
27  must be paid.
28         (3)  Sixty percent of the amount remaining after
29  complying with subsections (1) and (2) must be paid to the
30  plaintiff.
31         (4)  Forty percent of the amount remaining after
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    8:18 PM   07/10/03                             s0002Cc1c-20e0c


                                                  SENATE AMENDMENT
    Bill No. CS for SB 2-C
    Amendment No. ___   Barcode 582772
 1  complying with subsections (1) and (2), or the amount billed
 2  to the plaintiff, whichever is less, must be paid as
 3  attorney's fees.
 4         (5)  Any amount remaining after the attorney's fees
 5  have been paid must be paid to the plaintiff.
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 7  (Redesignate subsequent sections.)
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10  ================ T I T L E   A M E N D M E N T ===============
11  And the title is amended as follows:
12         On page 17, line 11, after the semicolon,
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14  insert:
15         creating s. 766.1045, F.S.; providing for the
16         distribution of awards in legal actions arising
17         out of medical negligence;
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    8:18 PM   07/10/03                             s0002Cc1c-20e0c