| 1 | Representative Seiler offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 828 and 829, insert: |
| 5 | Section 15. Paragraph (a) of subsection (3) of section |
| 6 | 766.209, Florida Statutes, is amended to read: |
| 7 | 766.209 Effects of failure to offer or accept voluntary |
| 8 | binding arbitration.-- |
| 9 | (3) If the defendant refuses a claimant's offer of |
| 10 | voluntary binding arbitration: |
| 11 | (a) The claim shall proceed to trial, and the claimant, |
| 12 | upon proving medical negligence, shall be entitled to recover |
| 13 | damages subject to the limitations in s. 766.118, prejudgment |
| 14 | interest, and reasonable attorney's fees up to 25 percent of the |
| 15 | award reduced to present value. |
| 16 | Section 16. Section 766.118, Florida Statutes, is |
| 17 | repealed. |
| 18 |
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| 19 | ================ T I T L E A M E N D M E N T ============= |
| 20 | Remove line(s) 80, and insert: |
| 21 | amending s. 766.209, F.S., to conform; repealing s. 766.118, |
| 22 | F.S., relating to determinations of noneconomic damages; |
| 23 | providing an effective date. |