Bill Text: FL S0878 | 2018 | Regular Session | Introduced

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Bill Title: Noneconomic Damages for Wrongful Death Suits

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-03-10 - Died in Judiciary [S0878 Detail]

Download: Florida-2018-S0878-Introduced.html

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       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 Section 766.118, Florida Statutes, is repealed.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.