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Glossary of Legislative Terms

CS/SB 2-C: Medical Malpractice

GENERAL BILL by Health, Aging, and Long-Term Care ; Jones ; (CO-INTRODUCERS) Saunders ; Peaden

Medical Malpractice; revises requirements for setoffs against damages in medical malpractice actions if there is written release or covenant not to sue; creates Fla. Center for Excellence in Health Care; requires medical malpractice insurance rate rollback; provides maximum amount to be awarded as noneconomic damages in medical negligence actions; adds infants receiving compensation awards as eligible for Children's Medical Services health services, etc. Amends FS. APPROPRIATION: $3,744,674.

Effective Date: 09/01/2003 except as otherwise provided
 Last Action: 7/21/2003 House - Died in Messages, Link/Iden/Sim/Compare passed, refer to CS/SB 2-D (Ch. 2003-416)
Bill Text: Web Page | PDF

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  • Bill History

    Date Chamber Action
    7/8/2003 Senate • Prefiled
    7/9/2003 Senate • Introduced, referred to Health, Aging, and Long-Term Care -SJ 00002; On Committee agenda-- Health, Aging, and Long-Term Care, 07/10/03, 3:00 pm, 412-K
    7/10/2003 Senate • CS by- Health, Aging, and Long-Term Care; YEAS 9 NAYS 1 -SJ 00020; CS read first time on 07/11/03 -SJ 00020; Placed on Calendar, on second reading -SJ 00020; Placed on Special Order Calendar -SJ 00020
    7/11/2003 Senate • Read second time -SJ 00017; Amendment(s) failed -SJ 00019; Read third time -SJ 00019; CS passed; YEAS 27 NAYS 8 -SJ 00019
    7/11/2003 House • In Messages
    7/21/2003 House • Died in Messages, Link/Iden/Sim/Compare passed, refer to CS/SB 2-D (Ch. 2003-416)

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  • CS/SB 2-C, Committee Substitute 1 (Current Bill Version) Posted 7/10/2003 at 6:17 PM

    Bill Text:   Web Page | PDF
    Analyses:   Health, Aging, and Long-Term Care (Post-Meeting) 7/10/2003 (pdf)

    Related Bills (4)

    Bill Number Subject Filed By Relationship Last Action and Location
    S 4C Patient Records/Pub. Rec. & Meetings Jones Linked Last Action: 7/21/2003 H Died in Messages
    Location:
    H 15C (e1) Medical Incidents Goodlette Similar Last Action: 7/21/2003 S Died in Messages, Link/Iden/Sim/Compare passed, refer to CS/SB 2-D (Ch. 2003-416)
    Location:
    H 19C Medical Malpractice Ambler Compare Last Action: 7/21/2003 H Died, not introduced, Link/Iden/Sim/Compare passed, refer to CS/SB 2-D (Ch. 2003-416)
    Location:
    S 6C Adverse Incident Info./Pub. Rec. Jones Compare Last Action: 7/21/2003 S Died on Calendar
    Location:

    Floor Amendments (7)

    Amendment Sponsor Filed Last Floor Action Format
    853064 - Amendment
    		Webster 7/10/2003
    8:12 PM     		Web Page
    PDF
    hierarchy 723212 - Amendment to Amendment (853064)
    		Webster 7/11/2003
    9:25 AM     		Web Page
    PDF
    175122 - Amendment
    		Webster 7/10/2003
    8:13 PM     		Web Page
    PDF
    600184 - Amendment
    		Cowin 7/10/2003
    8:20 PM     		Web Page
    PDF
    582772 - Amendment
    		Cowin 7/10/2003
    8:23 PM     		Web Page
    PDF
    854786 - Amendment
    		Lee 7/10/2003
    8:28 PM     		Web Page
    PDF
    091454 - Amendment
    		Aronberg 7/11/2003
    9:25 AM     		Web Page
    PDF

    Committee Votes (1)

    Date Committee Result
    7/10/2003 12:00 AM Health, Aging, and Long-Term Care 9 Yeas - 1 Nays

    Floor Votes (1)

    Date Chamber Result
    7/11/2003 11:45 AM Senate 27 Yeas - 8 Nays

    Citations - Statutes (66)

    Citation Catchline Location in Bill Location In Bill Help
    46.015 Release of parties.
    381.0409
    391.025 Applicability and scope.
    391.029 Program eligibility.
    395.004 Application for license, fees; expenses.
    395.0056
    395.0191 Staff membership and clinical privileges.
    395.0197 Internal risk management program.
    395.0198 Notification of adverse incident; public records exemption.
    395.1012
    395.1051
    456.013 Department; general licensing provisions.
    456.025 Fees; receipts; disposition.
    456.026 Annual report concerning finances, administrative complaints, disciplinary actions, and recommendations.
    456.039 Designated health care professionals; information required for licensure.
    456.041 Practitioner profile; creation.
    456.042 Practitioner profiles; update.
    456.049 Health care practitioners; reports on professional liability claims and actions.
    456.051 Reports of professional liability actions; bankruptcies; Department of Health's responsibility to provide.
    456.057 Ownership and control of patient records; report or copies of records to be furnished.
    456.0575
    456.063 Sexual misconduct; disqualification for license, certificate, or registration.
    456.072 Grounds for discipline; penalties; enforcement.
    456.073 Disciplinary proceedings.
    456.077 Authority to issue citations.
    456.078 Mediation.
    458.311 Licensure by examination; requirements; fees.
    458.320 Financial responsibility.
    458.331 Grounds for disciplinary action; action by the board and department.
    458.3311
    459.0055 General licensure requirements.
    459.0085 Financial responsibility.
    459.015 Grounds for disciplinary action; action by the board and department.
    459.0151
    461.013 Grounds for disciplinary action; action by the board; investigations by department.
    461.0131
    466.028 Grounds for disciplinary action; action by the board.
    624.462 Commercial self-insurance funds.
    627.062 Rate standards.
    627.357 Medical malpractice self-insurance.
    627.4147 Medical malpractice insurance contracts.
    627.41491
    627.41493
    627.912 Professional liability claims and actions; reports by insurers.
    766.102 Medical negligence; standards of recovery.
    766.106 Notice before filing action for medical malpractice; presuit screening period; offers for admission of liability and for arbitration; informal discovery; review.
    766.1065
    766.10651
    766.1066
    766.108 Mandatory settlement conference in medical malpractice actions.
    766.118
    766.202 Definitions; ss. 766.201-766.212.
    766.206 Presuit investigation of medical negligence claims and defenses by court.
    766.207 Voluntary binding arbitration of medical negligence claims.
    766.209 Effects of failure to offer or accept voluntary binding arbitration.
    766.304 Administrative law judge to determine claims.
    766.305 Filing of claims and responses; medical disciplinary review.
    766.31 Administrative law judge awards for birth-related neurological injuries; notice of award.
    766.314 Assessments; plan of operation.
    768.041 Release or covenant not to sue.
    768.13 Good Samaritan Act; immunity from civil liability.
    768.77 Itemized verdict.
    768.81 Comparative fault.
    1004.08
    1005.07
    1006.20 Athletics in public K-12 schools.

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  • SB 2-C, Original Filed Version Posted 7/8/2003 at 11:06 AM

    Bill Text:   Web Page | PDF
    Analyses:   None

    Citations - Statutes (55)

    Citation Catchline Location in Bill Location In Bill Help
    46.015 Release of parties.
    381.0409
    395.004 Application for license, fees; expenses.
    395.0056
    395.0197 Internal risk management program.
    395.1012
    395.1051
    456.013 Department; general licensing provisions.
    456.025 Fees; receipts; disposition.
    456.026 Annual report concerning finances, administrative complaints, disciplinary actions, and recommendations.
    456.039 Designated health care professionals; information required for licensure.
    456.041 Practitioner profile; creation.
    456.042 Practitioner profiles; update.
    456.049 Health care practitioners; reports on professional liability claims and actions.
    456.051 Reports of professional liability actions; bankruptcies; Department of Health's responsibility to provide.
    456.057 Ownership and control of patient records; report or copies of records to be furnished.
    456.0575
    456.063 Sexual misconduct; disqualification for license, certificate, or registration.
    456.072 Grounds for discipline; penalties; enforcement.
    456.073 Disciplinary proceedings.
    456.077 Authority to issue citations.
    456.078 Mediation.
    458.311 Licensure by examination; requirements; fees.
    458.320 Financial responsibility.
    458.331 Grounds for disciplinary action; action by the board and department.
    459.0055 General licensure requirements.
    459.0085 Financial responsibility.
    459.015 Grounds for disciplinary action; action by the board and department.
    461.013 Grounds for disciplinary action; action by the board; investigations by department.
    466.028 Grounds for disciplinary action; action by the board.
    624.462 Commercial self-insurance funds.
    627.062 Rate standards.
    627.357 Medical malpractice self-insurance.
    627.4147 Medical malpractice insurance contracts.
    627.41491
    627.41493
    627.912 Professional liability claims and actions; reports by insurers.
    766.102 Medical negligence; standards of recovery.
    766.106 Notice before filing action for medical malpractice; presuit screening period; offers for admission of liability and for arbitration; informal discovery; review.
    766.1065
    766.1066
    766.108 Mandatory settlement conference in medical malpractice actions.
    766.118
    766.202 Definitions; ss. 766.201-766.212.
    766.206 Presuit investigation of medical negligence claims and defenses by court.
    766.207 Voluntary binding arbitration of medical negligence claims.
    766.209 Effects of failure to offer or accept voluntary binding arbitration.
    766.314 Assessments; plan of operation.
    768.041 Release or covenant not to sue.
    768.13 Good Samaritan Act; immunity from civil liability.
    768.77 Itemized verdict.
    768.81 Comparative fault.
    1004.08
    1005.07
    1006.20 Athletics in public K-12 schools.

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