Florida SB 1226: Punitive Damages

Bill Text

1226 
Punitive Damages 
2019-12-12T04:45:31Z 
Removing provisions requiring that a portion of the punitive damages awarded for claims brought under part II of ch. 400, F.S., relating to nursing homes, and part I of ch. 429, F.S., relating to assisted living facilities, be deposited into the Quality of Long-Term Care Facility Improvement Trust Fund, etc. 
Original Filed Version 
2020 
S 
2020-07-01T00:00:00Z 
GB 
General Bill 
__ 

 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