Senate Bill sb3020

    Florida Senate - 2004                                 SJR 3020

    By Senator Alexander





    17-1859-04

  1                Senate Joint Resolution No. _____

  2         A joint resolution proposing the addition of

  3         Section 26 to Article I of the State

  4         Constitution to provide for a claimant in a

  5         medical liability action involving a contingent

  6         fee to receive no less than a specified

  7         percentage of the recovery, exclusive of

  8         reasonable and customary costs and regardless

  9         of the number of defendants.

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11  Be It Resolved by the Legislature of the State of Florida:

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13         That the following Section 26 of Article I of the State

14  Constitution is agreed to, shall be presented to the electors

15  of this state for approval or rejection at the next general

16  election or at an earlier special election specifically

17  authorized by law for that purpose, and, if approved, shall

18  take effect on the day following the day it is approved:

19                            ARTICLE I

20                      DECLARATION OF RIGHTS

21         SECTION 26.  Medical liability contingent fees.--In any

22  medical liability claim involving a contingent fee, the

23  claimant is entitled to receive no less than 70 percent of the

24  first $250,000 in all damages received by the claimant,

25  exclusive of reasonable and customary costs, whether received

26  by judgment, settlement, or otherwise, and regardless of the

27  number of defendants. The claimant is entitled to 90 percent

28  of all damages in excess of $250,000, exclusive of reasonable

29  and customary costs and regardless of the number of

30  defendants. This section is self-executing and does not

31  require implementing legislation.

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    Florida Senate - 2004                                 SJR 3020
    17-1859-04




 1         BE IT FURTHER RESOLVED that the following statement be

 2  placed on the ballot:

 3                     CONSTITUTIONAL AMENDMENT

 4                      ARTICLE I, SECTION 26

 5         CLAIMANT RECOVERY IN MEDICAL LIABILITY

 6  CASES.--Proposing an amendment to the State Constitution to

 7  require that the claimant receive at least 70 percent of the

 8  first $250,000 of recovery in a medical liability claim that

 9  involves a contingent fee and 90 percent of all damages in

10  excess of $250,000, in both cases exclusive of reasonable and

11  customary fees and regardless of the number of defendants.

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CODING: Words stricken are deletions; words underlined are additions.