| 1 | Representative(s) Ross offered the following: |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 517 and 518, and insert: |
| 5 | Section 16. Subsection (4) of section 627.912, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 627.912 Professional liability claims and actions; reports |
| 8 | by insurers and health care providers; annual report by |
| 9 | office.-- |
| 10 | (4) There shall be no liability on the part of, and no |
| 11 | cause of action of any nature shall arise against, any person or |
| 12 | entity reporting hereunder or its agents or employees or the |
| 13 | office or its employees for any action taken by them under this |
| 14 | section. The office may shall impose a fine of up to $250 per |
| 15 | day per case, but not to exceed a total of $10,000 per case, |
| 16 | against an insurer, commercial self-insurance fund, medical |
| 17 | malpractice self-insurance fund, or risk retention group that |
| 18 | violates the requirements of this section, except that the |
| 19 | office may impose a fine of $250 per day per case, not to exceed |
| 20 | a total of $1,000 per case, against an insurer providing |
| 21 | professional liability insurance to a member of The Florida Bar, |
| 22 | which insurer violates the provisions of this section. If a |
| 23 | health care practitioner or health care facility violates the |
| 24 | requirements of this section, it shall be considered a violation |
| 25 | of the chapter or act under which the practitioner or facility |
| 26 | is licensed and shall be grounds for a fine or disciplinary |
| 27 | action as such other violations of the chapter or act. The |
| 28 | office may adjust a fine imposed under this subsection by |
| 29 | considering the financial condition of the licensee, premium |
| 30 | volume written, ratio of violations to compliancy, and other |
| 31 | mitigating factors as determined by the office. |
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| 34 | ======= T I T L E A M E N D M E N T ======= |
| 35 | Remove line 71 and insert: |
| 36 | Commission notification of an insured's rights; amending |
| 37 | s. 627.912, F.S.; authorizing the office to impose fines; |
| 38 | authorizing the office to adjust such fines under certain |
| 39 | circumstances; amending |