Bill Text: FL S1384 | 2013 | Regular Session | Comm Sub
Bill Title: Nursing Home Litigation
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2013-05-03 - Died on Calendar [S1384 Detail]
Download: Florida-2013-S1384-Comm_Sub.html
Florida Senate - 2013 CS for CS for SB 1384
By the Committees on Health Policy; and Judiciary; and Senator
Galvano
588-04476-13 20131384c2
1 A bill to be entitled
2 An act relating to nursing home litigation; amending
3 s. 400.0237, F.S.; providing that a claim for punitive
4 damages may not be brought unless there is a showing
5 of admissible evidence proffered by the parties which
6 provides a reasonable basis for recovery of punitive
7 damages when certain criteria are applied; requiring
8 the court to conduct a hearing to determine whether
9 there is sufficient admissible evidence to ensure that
10 there is a reasonable basis to believe that the
11 claimant will be able to demonstrate by clear and
12 convincing evidence that the recovery of punitive
13 damages is appropriate; requiring the trier of fact to
14 find by clear and convincing evidence that a specific
15 person or corporate defendant actively and knowingly
16 participated in intentional misconduct or engaged in
17 conduct that constituted gross negligence and
18 contributed to the loss, damages, or injury suffered
19 by the claimant before punitive damages may be
20 awarded; requiring an officer, director, or manager of
21 the employer, corporation, or legal entity to condone,
22 ratify, or consent to certain specified conduct before
23 holding the licensee vicariously liable for punitive
24 damages; providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Section 400.0237, Florida Statutes, is amended
29 to read:
30 400.0237 Punitive damages; pleading; burden of proof.—
31 (1)(a) In any action for damages brought under this part, a
32 no claim for punitive damages may not be brought shall be
33 permitted unless there is a reasonable showing of admissible by
34 evidence that has been submitted in the record or proffered by
35 the parties and provides claimant which would provide a
36 reasonable basis for recovery of such damages when the criteria
37 in this section are applied. The claimant may move to amend her
38 or his complaint to assert a claim for punitive damages as
39 allowed by the rules of civil procedure in accordance with
40 evidentiary requirements set forth in this section.
41 (b) The court shall conduct an evidentiary hearing to
42 determine whether there is sufficient admissible evidence
43 submitted by all parties to ensure that there is a reasonable
44 basis to believe that the claimant, at trial, will be able to
45 demonstrate by clear and convincing evidence that the recovery
46 of such damages is warranted. A The rules of civil procedure
47 shall be liberally construed so as to allow the claimant
48 discovery of evidence which appears reasonably calculated to
49 lead to admissible evidence on the issue of punitive damages. No
50 discovery of financial worth may not shall proceed until after
51 the pleading on concerning punitive damages is approved by the
52 court permitted.
53 (2) A defendant may be held liable for punitive damages
54 only if the trier of fact, by based on clear and convincing
55 evidence, finds that a specific person or corporate defendant
56 actively and knowingly participated in intentional misconduct or
57 engaged in conduct that constitutes gross negligence and
58 contributed to the loss, damages, or injury suffered by the
59 claimant the defendant was personally guilty of intentional
60 misconduct or gross negligence. As used in this section, the
61 term:
62 (a) “Intentional misconduct” means that the defendant
63 against whom punitive damages are sought had actual knowledge of
64 the wrongfulness of the conduct and the high probability that
65 injury or damage to the claimant would result and, despite that
66 knowledge, intentionally pursued that course of conduct,
67 resulting in injury or damage.
68 (b) “Gross negligence” means that the defendant’s conduct
69 was so reckless or wanting in care that it constituted a
70 conscious disregard or indifference to the life, safety, or
71 rights of persons exposed to such conduct.
72 (3) In the case of vicarious liability of an employer,
73 principal, corporation, or other legal entity, punitive damages
74 may not be imposed for the conduct of an employee or agent
75 unless only if the conduct of a specifically identified the
76 employee or agent meets the criteria specified in subsection (2)
77 and an officer, director, or manager of the actual employer,
78 corporation, or legal entity condoned, ratified, or consented to
79 the specific conduct as alleged in subsection (2). A state or
80 federal survey report of nursing facilities may not be used to
81 establish an entitlement to punitive damages under this section:
82 (a) The employer, principal, corporation, or other legal
83 entity actively and knowingly participated in such conduct;
84 (b) The officers, directors, or managers of the employer,
85 principal, corporation, or other legal entity condoned,
86 ratified, or consented to such conduct; or
87 (c) The employer, principal, corporation, or other legal
88 entity engaged in conduct that constituted gross negligence and
89 that contributed to the loss, damages, or injury suffered by the
90 claimant.
91 (4) The plaintiff shall must establish at trial, by clear
92 and convincing evidence, its entitlement to an award of punitive
93 damages. The “greater weight of the evidence” burden of proof
94 applies to a determination of the amount of damages.
95 (5) This section is remedial in nature and takes shall take
96 effect upon becoming a law.
97 Section 2. This act shall take effect upon becoming a law.
