| 1 | Representative Ambler offered the following: | 
| 2 | 
  | 
| 3 |      Substitute Amendment for Amendment (577287) (with title  | 
| 4 | amendment) | 
| 5 | Remove lines 148-332 and insert: | 
| 6 |      Section 4.  Paragraph (b) of subsection (1) of section  | 
| 7 | 627.4147, Florida Statutes, is amended to read: | 
| 8 |      627.4147  Medical malpractice insurance contracts.-- | 
| 9 |      (1)  In addition to any other requirements imposed by law,  | 
| 10 | each self-insurance policy as authorized under s. 627.357 or s.  | 
| 11 | 624.462 or insurance policy providing coverage for claims  | 
| 12 | arising out of the rendering of, or the failure to render,  | 
| 13 | medical care or services, including those of the Florida Medical  | 
| 14 | Malpractice Joint Underwriting Association, shall include: | 
| 15 |      (b)1.  Except as provided in subparagraph 2., a clause  | 
| 16 | authorizing the insurer or self-insurer to determine, to make,  | 
| 17 | and to conclude, without the permission of the insured, any  | 
| 18 | offer of admission of liability and for arbitration pursuant to  | 
| 19 | s. 766.106, settlement offer, or offer of judgment, if the offer  | 
| 20 | is within the policy limits. It is against public policy for any  | 
| 21 | insurance or self-insurance policy to contain a clause giving  | 
| 22 | the insured the exclusive right to veto any offer for admission  | 
| 23 | of liability and for arbitration made pursuant to s. 766.106,  | 
| 24 | settlement offer, or offer of judgment, when such offer is  | 
| 25 | within the policy limits. However, any offer of admission of  | 
| 26 | liability, settlement offer, or offer of judgment made by an  | 
| 27 | insurer or self-insurer shall be made in good faith and in the  | 
| 28 | best interests of the insured. | 
| 29 |      2.a.  With respect to dentists licensed under chapter 466,  | 
| 30 | A clause clearly stating whether or not the insured has the  | 
| 31 | exclusive right to veto any offer of admission of liability and  | 
| 32 | for arbitration pursuant to s. 766.106, settlement offer, or  | 
| 33 | offer of judgment if the offer is within policy limits. An  | 
| 34 | insurer or self-insurer shall not make or conclude, without the  | 
| 35 | permission of the insured, any offer of admission of liability  | 
| 36 | and for arbitration pursuant to s. 766.106, settlement offer, or  | 
| 37 | offer of judgment, if such offer is outside the policy limits.  | 
| 38 | However, any offer for admission of liability and for  | 
| 39 | arbitration made under s. 766.106, settlement offer, or offer of  | 
| 40 | judgment made by an insurer or self-insurer shall be made in  | 
| 41 | good faith and in the best interest of the insured. | 
| 42 |      2.b.  If the policy contains a clause stating the insured  | 
| 43 | does not have the exclusive right to veto any offer or admission  | 
| 44 | of liability and for arbitration made pursuant to s. 766.106,  | 
| 45 | settlement offer or offer of judgment, the insurer or self- | 
| 46 | insurer shall provide to the insured or the insured's legal  | 
| 47 | representative by certified mail, return receipt requested, a  | 
| 48 | copy of the final offer of admission of liability and for  | 
| 49 | arbitration made pursuant to s. 766.106, settlement offer or  | 
| 50 | offer of judgment and at the same time such offer is provided to  | 
| 51 | the claimant. A copy of any final agreement reached between the  | 
| 52 | insurer and claimant shall also be provided to the insurer or  | 
| 53 | his or her legal representative by certified mail, return  | 
| 54 | receipt requested not more than 10 days after affecting such  | 
| 55 | agreement. | 
| 56 | ================ T I T L E  A M E N D M E N T ============= | 
| 57 |      Remove lines 13-32 and insert: | 
| 58 | surgical centers; amending s. 627.4147, F.S.; deleting the  | 
| 59 | requirement that medical malpractice policies authorize the  | 
| 60 | insurer to admit liability or settle without the consent of the  | 
| 61 | insured; expanding application of a policy requirement relating  | 
| 62 | to a clause stating whether an insured has the exclusive right  | 
| 63 | to veto any offer of admission of liability, arbitration, or  | 
| 64 | settlement; amending s. 766.202, F.S.; revising the |