Florida Senate - 2021 SB 1880
By Senator Rodrigues
27-01677-21 20211880__
1 A bill to be entitled
2 An act relating to the Quality of Long-Term Care
3 Facility Improvement Trust Fund; amending ss.
4 400.0238, 400.0239, and 429.298, F.S.; removing
5 provisions requiring that a portion of the punitive
6 damages awarded for claims brought under part II of
7 ch. 400, F.S., relating to nursing homes, and part I
8 of ch. 429, F.S., relating to assisted living
9 facilities, be deposited into the Quality of Long-Term
10 Care Facility Improvement Trust Fund; providing an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsection (4) of section 400.0238, Florida
16 Statutes, is amended to read:
17 400.0238 Punitive damages; limitation.—
18 (4) Notwithstanding any other law to the contrary, the
19 amount of punitive damages awarded pursuant to this section
20 shall be equally divided between the claimant and the Quality of
21 Long-Term Care Facility Improvement Trust Fund, in accordance
22 with the following provisions:
23 (a) The clerk of the court shall transmit a copy of the
24 jury verdict to the Chief Financial Officer by certified mail.
25 In the final judgment, the court shall order the percentages of
26 the award, payable as provided herein.
27 (b) A settlement agreement entered into between the
28 original parties to the action after a verdict has been returned
29 must provide a proportionate share payable to the Quality of
30 Long-Term Care Facility Improvement Trust Fund specified herein.
31 For purposes of this paragraph, a proportionate share is a 50
32 percent share of that percentage of the settlement amount which
33 the punitive damages portion of the verdict bore to the total of
34 the compensatory and punitive damages in the verdict.
35 (c) The Department of Financial Services shall collect or
36 cause to be collected all payments due the state under this
37 section. Such payments are made to the Chief Financial Officer
38 and deposited in the appropriate fund specified in this
39 subsection.
40 (d) If the full amount of punitive damages awarded cannot
41 be collected, the claimant and the other recipient designated
42 pursuant to this subsection are each entitled to a proportionate
43 share of the punitive damages collected.
44 Section 2. Subsection (1) of section 400.0239, Florida
45 Statutes, is amended to read:
46 400.0239 Quality of Long-Term Care Facility Improvement
47 Trust Fund.—
48 (1) There is created within the Agency for Health Care
49 Administration a Quality of Long-Term Care Facility Improvement
50 Trust Fund to support activities and programs directly related
51 to improvement of the care of nursing home and assisted living
52 facility residents. The trust fund shall be funded through
53 proceeds generated pursuant to ss. 400.0238 and 429.298, through
54 funds specifically appropriated by the Legislature, through
55 gifts, endowments, and other charitable contributions allowed
56 under federal and state law, and through federal nursing home
57 civil monetary penalties collected by the Centers for Medicare
58 and Medicaid Services and returned to the state. These funds
59 must be utilized in accordance with federal requirements.
60 Section 3. Subsection (4) of section 429.298, Florida
61 Statutes, is amended to read:
62 429.298 Punitive damages; limitation.—
63 (4) Notwithstanding any other law to the contrary, the
64 amount of punitive damages awarded pursuant to this section
65 shall be equally divided between the claimant and the Quality of
66 Long-Term Care Facility Improvement Trust Fund, in accordance
67 with the following provisions:
68 (a) The clerk of the court shall transmit a copy of the
69 jury verdict to the Chief Financial Officer by certified mail.
70 In the final judgment, the court shall order the percentages of
71 the award, payable as provided herein.
72 (b) A settlement agreement entered into between the
73 original parties to the action after a verdict has been returned
74 must provide a proportionate share payable to the Quality of
75 Long-Term Care Facility Improvement Trust Fund specified herein.
76 For purposes of this paragraph, a proportionate share is a 50
77 percent share of that percentage of the settlement amount which
78 the punitive damages portion of the verdict bore to the total of
79 the compensatory and punitive damages in the verdict.
80 (c) The Department of Financial Services shall collect or
81 cause to be collected all payments due the state under this
82 section. Such payments are made to the Chief Financial Officer
83 and deposited in the appropriate fund specified in this
84 subsection.
85 (d) If the full amount of punitive damages awarded cannot
86 be collected, the claimant and the other recipient designated
87 pursuant to this subsection are each entitled to a proportionate
88 share of the punitive damages collected.
89 Section 4. This act shall take effect July 1, 2021.