Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 940
                        Barcode 625108
                            CHAMBER ACTION
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11  The Committee on Judiciary (Campbell) recommended the
12  following amendment:
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14         Senate Amendment 
15         On page 4, line 19, through
16            page 5, line 6, delete those lines
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18  and insert:  and convincing evidence. Except with respect to a
19  final judgment in a court in this state, in order to rely on
20  an incident of medical malpractice to determine whether a
21  license must be denied or revoked under this section, if the
22  facts supporting the finding of the incident of medical
23  malpractice were determined on a standard less stringent than
24  clear and convincing evidence, the board shall review the
25  record of the case and determine whether the finding would be
26  supported under a standard of clear and convincing evidence.
27  The board may verify on a biennial basis an out-of-state
28  licensee's medical malpractice history using federal, state,
29  or other databases. The board may require licensees and
30  applicants for licensure to provide a copy of the record of a
31  trial of any medical malpractice judgment entered outside of
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 940
                        Barcode 625108
 1  this state, which may be required to be in an electronic
 2  format, involving an incident that occurred on or after
 3  November 2, 2004. If a verdict is returned against a health
 4  care provider licensed under chapter 458 or chapter 459 for
 5  professional negligence in a court in this state, the judge
 6  shall, post verdict and independent of the jury, make a
 7  finding as to whether the verdict of professional negligence
 8  was supported by clear and convincing evidence. The finding by
 9  the judge shall be for the sole purpose of determining whether
10  the professional negligence also constitutes a medical
11  incident for purposes of s. 26, Art. X of the State
12  Constitution. Such finding by the judge shall constitute an
13  incident of medical malpractice without further review by the
14  board. The finding of the judge may not be used in any
15  subsequent appeal of the underlying medical negligence case.
16  For purposes of implementing s. 26, Art. X of the State
17  Constitution, the 90-day requirement for granting or denying a
18  complete allopathic or osteopathic licensure application in s.
19  120.60(1) is extended to 180 days.
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