Bill Text: FL S1226 | 2020 | Regular Session | Introduced

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Bill Title: Punitive Damages

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2020-03-14 - Died in Judiciary [S1226 Detail]

Download: Florida-2020-S1226-Introduced.html

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       Florida Senate - 2020                                    SB 1226
       
       
        
       By Senator Book
       
       
       
       
       
       32-01478-20                                           20201226__
    1                        A bill to be entitled                      
    2         An act relating to punitive damages; amending ss.
    3         400.0238 and 429.298, F.S.; removing provisions
    4         requiring that a portion of the punitive damages
    5         awarded for claims brought under part II of ch. 400,
    6         F.S., relating to nursing homes, and part I of ch.
    7         429, F.S., relating to assisted living facilities, be
    8         deposited into the Quality of Long-Term Care Facility
    9         Improvement Trust Fund; amending s. 400.0239, F.S.;
   10         conforming a provision to changes made by the act;
   11         providing an 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 (4) of section 429.298, Florida
   45  Statutes, is amended to read:
   46         429.298 Punitive damages; limitation.—
   47         (4) Notwithstanding any other law to the contrary, the
   48  amount of punitive damages awarded pursuant to this section
   49  shall be equally divided between the claimant and the Quality of
   50  Long-Term Care Facility Improvement Trust Fund, in accordance
   51  with the following provisions:
   52         (a) The clerk of the court shall transmit a copy of the
   53  jury verdict to the Chief Financial Officer by certified mail.
   54  In the final judgment, the court shall order the percentages of
   55  the award, payable as provided herein.
   56         (b) A settlement agreement entered into between the
   57  original parties to the action after a verdict has been returned
   58  must provide a proportionate share payable to the Quality of
   59  Long-Term Care Facility Improvement Trust Fund specified herein.
   60  For purposes of this paragraph, a proportionate share is a 50
   61  percent share of that percentage of the settlement amount which
   62  the punitive damages portion of the verdict bore to the total of
   63  the compensatory and punitive damages in the verdict.
   64         (c) The Department of Financial Services shall collect or
   65  cause to be collected all payments due the state under this
   66  section. Such payments are made to the Chief Financial Officer
   67  and deposited in the appropriate fund specified in this
   68  subsection.
   69         (d) If the full amount of punitive damages awarded cannot
   70  be collected, the claimant and the other recipient designated
   71  pursuant to this subsection are each entitled to a proportionate
   72  share of the punitive damages collected.
   73         Section 3. Subsection (1) of section 400.0239, Florida
   74  Statutes, is amended to read:
   75         400.0239 Quality of Long-Term Care Facility Improvement
   76  Trust Fund.—
   77         (1) There is created within the Agency for Health Care
   78  Administration a Quality of Long-Term Care Facility Improvement
   79  Trust Fund to support activities and programs directly related
   80  to improvement of the care of nursing home and assisted living
   81  facility residents. The trust fund shall be funded through
   82  proceeds generated pursuant to ss. 400.0238 and 429.298, through
   83  funds specifically appropriated by the Legislature, through
   84  gifts, endowments, and other charitable contributions allowed
   85  under federal and state law, and through federal nursing home
   86  civil monetary penalties collected by the Centers for Medicare
   87  and Medicaid Services and returned to the state. These funds
   88  must be utilized in accordance with federal requirements.
   89         Section 4. This act shall take effect July 1, 2020.