October 23, 2020
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HB 1337

1
House Joint Resolution
2A joint resolution proposing the creation of Section 26 of
3Article I and Section 26 of Article XII of the State
4Constitution to ensure a medical liability claimant's
5right to fair compensation in any medical liability claim.
6
7Be It Resolved by the Legislature of the State of Florida:
8
9     That the creation of Section 26 of Article I and Section 26
10of Article XII of the State Constitution set forth below is
11agreed to and shall be submitted to the electors of Florida for
12approval or rejection at the general election to be held in
13November 2004:
14
ARTICLE I
15
DECLARATION OF RIGHTS
16     SECTION 26.  Claimant's right to fair compensation in
17medical liability claim.--In any medical liability claim
18involving a contingency fee, the claimant is entitled to receive
19no less than 70 percent of the first $250,000 of all damages
20received by the claimant, exclusive of reasonable and customary
21costs, whether received by judgment, settlement, or otherwise,
22and regardless of the number of defendants. The claimant is
23entitled to 90 percent of all damages in excess of $250,000,
24exclusive of reasonable and customary costs and regardless of
25the number of defendants. This section is self-executing and
26does not require implementing legislation.
27
ARTICLE XII
28
SCHEDULE
29     SECTION 26.  Claimant's right to fair compensation in
30medical liability claim.--Section 26 of Article I, relating to a
31claimant's right to fair compensation in a medical liability
32claim involving a contingency fee, shall take effect November 3,
332004.
34     BE IT FURTHER RESOLVED that the title and substance of the
35amendment proposed herein shall appear on the ballot as follows:
36
MEDICAL LIABILITY CLAIMANT'S COMPENSATION
37     Proposes the creation of Section 26 of Article I and
38Section 26 of Article XII of the State Constitution to provide
39that an injured claimant who enters into a contingency fee
40agreement with an attorney in a claim for medical liability is
41entitled to no less than 70 percent of the first $250,000 of all
42damages received by the claimant and 90 percent of all damages
43in excess of $250,000, exclusive of reasonable and customary
44costs and regardless of the number of defendants; provides that
45the amendment is self-executing; provides an effective date of
46November 3, 2004.


CODING: Words stricken are deletions; words underlined are additions.
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