Filing # 102379536 E-Filed 01/28/2020 05:55:36 PM IN THE SUPREME COURT OF FLORIDA CASE NO. SC19-1354 IN RE: AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, FLORIDA SMALL CLAIMS RULES, AND FLORIDA RULES OF APPELLATE PROCEDURE–JURISDICTION. ______________________________ APPENDIX TO COMMENT ON CHANGES TO THE CIVIL COVER SHEET OF THE FLORIDA JUSTICE ASSOCIATION AND PALM BEACH COUNTY JUSTICE ASSOCIATION Florida Justice Association, Inc. 218 S. Monroe Street Tallahassee, Florida 32301 and Palm Beach County Justice Association Burlington & Rockenbach, P.A. RECEIVED, 01/28/202005:56:31 PM,Clerk,Supreme Court Courthouse Commons/Suite 350 444 West Railroad Avenue West Palm Beach, FL 33401 (561) 721-0400 [email protected] [email protected] 1 A1 INDEX PAGE 1. Session Law as well as relevant legislative history materials for A5-44 the adoption of the Medical Malpractice Reform Act of 1975 (including Florida House of Representatives, Committee on Health and Rehabilitative Services, Comments by Representative Barry Kutun, Chair page 6 (Nov. 11, 1975). 2 A2 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been filed on this 28th day of January 2020, via the statewide e-portal and true and correct copies were furnished via email using the statewide e-portal to the parties listed on the attached service list. Respectfully submitted, /s/ William T. Cotterall William T. Cotterall Florida Bar No.: 574651 Florida Justice Association, Inc. 218 S. Monroe Street Tallahassee, Florida 32301 (850) 224-9403 [email protected] And Palm Beach County Justice Association Burlington & Rockenbach, P.A. 444 West Railroad Avenue/Suite 350 West Palm Beach, FL 33401 (561) 721-0400 [email protected] [email protected] By: /s/ Andrew A. Harris ANDREW A. HARRIS Florida Bar No. 10061 /jrh 3 A3 SERVICE LIST In Re: Amendments to the Fla. R. Civ. P., etc. Case No. SC19-1354 Ardith Michelle Bronson, Chair Civil Procedures Rules Committee 200 Biscayne Boulevard, FL 25 Miami, FL 33132-2219 [email protected] Maureen B. Walsh, Chair Small Claims Rules Committee 50 N. Laura Street, Ste. 3300 Jacksonville, FL 32202-3661 [email protected] Thomas D. Hall, Chair Appellate Court Rules Committee 325 N. Calhoun Street Tallahassee, FL 32301-7605 [email protected] Mikalla Andies The Florida Bar 651 East Jefferson Street Tallahassee, FL 32399-2300 [email protected] Heather Savage Telfer The Florida Bar 651 East Jefferson Street Tallahassee, FL 32399-2300 [email protected] 4 A4 reproduced by · . FLORIDA STAT£ ARCHIVES DEPAFTTÁfENT OF~STATE 7 p 9:..s.. R. A. GRAY BUILDING l.W d TallahasseékPff62399.0250 Series Cár,ton . JUN U 1975 ADMINIS17 THE MEDICAL MALPRACTICE h FORM ACT . 975 T alp a ti e R cr Act 19 5" e ,Medical Ins ance com is n a es The Florida Medici.1 Liability following: Commslon will be compocod of the The Insurance Commissioner shall be the Chairman Twelve (12) members to be appointed of which the Governor, President of the Senato, and Speaker of the House shall each, appoint four. The Governor, President of the Senet.e, and Speaker of the House shall appoint one member frem each o the following'groups: (a) the legal profession (b) providers of health services (c) lay citizens - . (d) the insurance industry The purpose of the Commission will bo to submit med.Leal liabilit on or before Januar 9 Gsys em to the Covernor and Legislature d e c s e stan e e b a r cing Interim reports are encouraged. Section 3. Section 395.18 is created " h certain hospitals to establish an interral r s na agemen i Itals with ,20,0_ or mfre beds must provide this program and, in ' e oP a program designed to minimazo the risk of . InJuries and adverse inc1.dent.s to patienta. o - ection 627.355 is amended to include health care I ci s ..or the purpose of sel f-insuring. ' Each self-insurance esta.. 11s a m o cd a c management program, of the Depart.ment of Incuranco. Secti.on 5. Section 768.133 providos fior the creation o£ a ... -Medical cility Mod:.at.icn Panol. A detailed analy'sis of this sect.lor. s.. ..d be. p pared by mc=bort, ct the Judicia'ry due t.o A5 __. .the.fact numerous re_q.uiremen.t.s__exe_pl.aced o the-Ch-ief-&udge- of..each Judicial Circuit and overall development of the panel and hearing procedures are subject to judicial review. .A brief explanation of the provisions of.this section indicates the purpose to bei as foll'ows . (a) establishment of media on.panel in each judicial circuit (b)...provisionsefor 1 ng, hearbg and disposing of medical malpractice claims · (c) providing.for a filing fee . (d) providing for legal proceedings subsequent to the decision.of the mediation panel Se.ction 6. The provisions of section 5 of this act shall not be applicable to any case in which f.ormal suit has. been instituted prior to the effective ddte of that section, which shall be 'July 1, 1975. Section 7. Section 95.11 limitations other, than for recovery of real property. This section clarifies the ltmitation for medical malpractice · n claims. Actions.must be commenced within<2 years from the time the ancident occurred cja ving rise to the action or within two years from the time the incident is da.scoverod; however, in no event later than four (4) years from date of incident._...._. _........._ or occurrence. Limitations affect bealth caro providers and persons in privity with the health care providers. Exemption to the above limitations must be based on fraud, concealment, or intentional misrepresentation of facts. The period is extended for 2 years, but in no event to exceed 7 years fron date of the incident. 2 Section 8. Section 768.042 Damages.-In any action brought in the circuit court to recover damages for personal in3uly or wrongf 1 death, the amount of general damages shall not be stated in the cocplaint, but the amount o± special camages, if any, cay b,e specifically pleaded and the requicite juris- dictional amount established for filing in any court of c..ompetent j urisdiction. Section 9. The plovisions of section 8 of this act shall not apply to any complu.nt filed prior to the effective date of this act. Section 10. Section 725.01 is amended to provide a guaranteed result cf a medical ;.rocccure must bc in wr!.ting,' ju.d sucn ,ritter. St..qan,tecs sAc11 Lc ççyczneo Ly t.hc Statuto ct Frauds. A6 .. .... _._ ._... S.e_c.tíon_.11___Sec.tion-76 8 132nöedic al o n s ent-Iraw . No action qay.be.brought aga:.nst7any ph.ysician osteopath, . chiropractor, podiatristh or dentist treatinÉ, operat.tng, or . examining a patient without his .informed consent 'if the action was in accord?witùï'accepted Sta darch medical practice, person had.general. understanding of the procedure, the patient would.reasonably have undergone such treatpent. .. If.consent is in writing and meets th .sfo eÃensiobá require- . ments and validly signed by the patient or an authorized person it is presumed to.be a valid..consent Section 12. Secticn. 458.1201 sets. forth disciplinary3action and authority of the board in the event ofAmisconduct^on the . part. of a physician. The board may de y a. license or discipline a licensed phys.tclan if f und guilt.y o =moral or. unprofessional conduct, incompetence, .negligence, or w111ful misconduct ·i» performance of his»pro£cssion. T)ds also includes being found 11anle ror medical malpractice or beingeretac od or suspended or . having disciplinary action..taken by his peers .within. any .professional medical association 042 . The board shall report to. the Presidont of the Senate· an.d .. Speaker s of the Rouse .on. February of each year.:'beginning . February 1., 1976, .the-s.tatutes of the .actionetaken by:the board . .ins.carrying out. thi.s act Section 13. Section 395.065 Hospital Disciplinary Powers Sets forth powers and actions that may -be exercised by medical staff· of a hospital licensed under Chapter 395,. Florida Statutes to:penalize.staft· members. for incompetence, negligence., nabitual ·use of intoxicants or drugs or ;being found .liable by court of competent jurisdiction. of medical malpractice. Section 14-. Section' 627 35118) equires a temporary joint nderwr2.ting ascociation be formed and automatically ·terminate . :.n three years ·from the date of its adoption P.urpose is to rov-.de proressional eliability or InclÀractilo coVerage for- hospitals, physicians, osteopaths, podi-it.ra.sts dentists, nurses; nurs.,ing homes, and professional associations of such · personS... 627.Ml(S)(bT requires li en e dom anÈes and self- ., insurers authorized unde G2M355 to participate and be members of the tempordryN1Àtn.. G27.3.51(S)(c) op lls o :. the un iti No will A7 Chairman - Insurance Commissioner or his repr.csentatives Five Insurers participating in JUA One Attorney - to be named by the Florida Bar . One Physician 7 to,be named by the Florida Medical Association One Hospit.al Rcpresentative - to be named by the Florida Hospital Association . 627.351(8)(d) speaks to durat-on and termination of the Plan, the type of coverage it shall provice, to whom, rules, rating plan, amount of protection, and i termination rules. 627.351(8) (e) Premium Contingency Assessment 1. In the event of an underwriting deficit - each policyholder shall pay the JUA an assessment not . to exceed 1/3 of his annual prcmium paid to the JUA. The JUA shall cancci the policy of any policyholder who sfails to-pay the premium . contingency assessment.