Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1384
       
       
       
       
       
       
                                Barcode 456408                          
       
                              LEGISLATIVE ACTION                        
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       Senator Detert moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 95 - 97
    4  and insert:
    5         (5) The provisions of subsections (1)-(4) of this section
    6  apply only to nursing homes that have been designated as Gold
    7  Seal facilities by the Governor’s Panel on Excellence in Long
    8  Term Care as defined in s. 400.235, at any time during the
    9  period beginning 3 years prior to the accrual of the cause of
   10  action for which punitive damages are sought. In an action
   11  brought under this part relating to a nursing home that has not
   12  been designated as a Gold Seal facility by the Governor’s Panel
   13  on Excellence in Long-Term Care as defined in s. 400.235, the
   14  provisions of part II of chapter 768 and common law shall apply
   15  to a claim for punitive damages. This section is remedial in
   16  nature and shall take effect upon becoming a law.
   17         Section 2. This act shall take effect upon becoming a law
   18  and applies to causes of action accruing on or after the
   19  effective date.
   20  
   21  ================= T I T L E  A M E N D M E N T ================
   22         And the title is amended as follows:
   23         Delete line 24
   24  and insert:
   25  
   26         damages; providing that the sections apply only to
   27         nursing homes that have been designated as Gold Seal
   28         facilities by the Governor’s Panel on Excellence in
   29         Long-Term Care under certain circumstances; providing
   30         that if a nursing home has not been designated as a
   31         Gold Seal facility by the Governor’s Panel on
   32         Excellence in Long-Term Care the provisions of part II
   33         of chapter 768 and common law apply to a claim for
   34         punitive damages; providing for application; providing
   35         an effective date.