Florida Senate - 2018 SB 878
By Senator Campbell
38-01135-18 2018878__
1 A bill to be entitled
2 An act relating to noneconomic damages for wrongful
3 death suits; repealing s. 766.118, F.S., relating to
4 determination of noneconomic damages and limits on
5 noneconomic damages; amending s. 766.209, F.S.;
6 conforming a provision to changes made by the act;
7 providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Section 766.118, Florida Statutes, is repealed.
12 Section 2. Paragraph (a) of subsection (3) of section
13 766.209, Florida Statutes, is amended to read:
14 766.209 Effects of failure to offer or accept voluntary
15 binding arbitration.—
16 (3) If the defendant refuses a claimant’s offer of
17 voluntary binding arbitration:
18 (a) The claim shall proceed to trial, and the claimant,
19 upon proving medical negligence, shall be entitled to recover
20 damages subject to the limitations in s. 766.118, prejudgment
21 interest, and reasonable attorney attorney’s fees up to 25
22 percent of the award reduced to present value.
23 Section 3. This act shall take effect July 1, 2018.