| 1 | Representatives Seiler and Joyner offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | Between lines 74 and 75, insert: |
| 5 | Section 2. 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 3. Section 766.118, Florida Statutes, is repealed. |
| 17 |
|
| 18 | ======= T I T L E A M E N D M E N T ======= |
| 19 | Remove line 5 and insert: |
| 20 | instead of joint and several liability; amending s. 766.209, |
| 21 | F.S.; deleting a cross-reference; repealing s. 766.118, F.S., |
| 22 | relating to determination of noneconomic damages; providing |