Florida 2022 Regular Session

Florida House Bill H6035 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	HB 6035 2022
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb6035-00
9	9	Page 1 of 4
10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to the Quality of Long -Term Care 2
16	16	Facility Improvement Trust Fund; amending ss. 3
17	17	400.0238, 400.0239, and 429.298, F.S.; removing 4
18	18	provisions requiring that a portion of the punitive 5
19	19	damages awarded for claims brought under part II of 6
20	20	ch. 400, F.S., relating to nursing homes, and part I 7
21	21	of ch. 429, F.S., relating to assisted living 8
22	22	facilities, be deposited into the Quality of Long -Term 9
23	23	Care Facility Improvement Trust Fund; providing an 10
24	24	effective date. 11
25	25	12
26	26	Be It Enacted by the Legislature of the State of Florida: 13
27	27	14
28	28	Section 1. Subsection (4) of section 400.0238, Florida 15
29	29	Statutes, is amended to read: 16
30	30	400.0238 Punitive damages; limit ation.— 17
31	31	(4) Notwithstanding any other law to the contrary, the 18
32	32	amount of punitive damages awarded pursuant to this section 19
33	33	shall be equally divided between the claimant and the Quality of 20
34	34	Long-Term Care Facility Improvement Trust Fund, in accordance 21
35	35	with the following provisions: 22
36	36	(a) The clerk of the court shall transmit a copy of the 23
37	37	jury verdict to the Chief Financial Officer by certified mail. 24
38	38	In the final judgment, the court shall order the percentages of 25
39	39
40	40	HB 6035 2022
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb6035-00
46	46	Page 2 of 4
47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48	48
49	49
50	50
51	51	the award, payable as provided herein. 26
52	52	(b) A settlement agreement entered into between the 27
53	53	original parties to the action after a verdict has been returned 28
54	54	must provide a proportionate share payable to the Quality of 29
55	55	Long-Term Care Facility Improvement Trust Fund specified herein. 30
56	56	For purposes of this paragraph, a proportionate share is a 50 -31
57	57	percent share of that percentage of the settlement amount which 32
58	58	the punitive damages portion of the verdict bore to the total of 33
59	59	the compensatory and punitive damages in the verdict. 34
60	60	(c) The Department of Fin ancial Services shall collect or 35
61	61	cause to be collected all payments due the state under this 36
62	62	section. Such payments are made to the Chief Financial Officer 37
63	63	and deposited in the appropriate fund specified in this 38
64	64	subsection. 39
65	65	(d) If the full amount of puni tive damages awarded cannot 40
66	66	be collected, the claimant and the other recipient designated 41
67	67	pursuant to this subsection are each entitled to a proportionate 42
68	68	share of the punitive damages collected. 43
69	69	Section 2. Subsection (1) of section 400.0239, Florida 44
70	70	Statutes, is amended to read: 45
71	71	400.0239 Quality of Long -Term Care Facility Improvement 46
72	72	Trust Fund.— 47
73	73	(1) There is created within the Agency for Health Care 48
74	74	Administration a Quality of Long -Term Care Facility Improvement 49
75	75	Trust Fund to support activities an d programs directly related 50
76	76
77	77	HB 6035 2022
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb6035-00
83	83	Page 3 of 4
84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
85	85
86	86
87	87
88	88	to improvement of the care of nursing home and assisted living 51
89	89	facility residents. The trust fund shall be funded through 52
90	90	proceeds generated pursuant to ss. 400.0238 and 429.298, through 53
91	91	funds specifically appropriated by the Le gislature, through 54
92	92	gifts, endowments, and other charitable contributions allowed 55
93	93	under federal and state law, and through federal nursing home 56
94	94	civil monetary penalties collected by the Centers for Medicare 57
95	95	and Medicaid Services and returned to the state. T hese funds 58
96	96	must be utilized in accordance with federal requirements. 59
97	97	Section 3. Subsection (4) of section 429.298, Florida 60
98	98	Statutes, is amended to read: 61
99	99	429.298 Punitive damages; limitation. — 62
100	100	(4) Notwithstanding any other law to the contrary, the 63
101	101	amount of punitive damages awarded pursuant to this section 64
102	102	shall be equally divided between the claimant and the Quality of 65
103	103	Long-Term Care Facility Improvement Trust Fund, in accordance 66
104	104	with the following provisions: 67
105	105	(a) The clerk of the court shall tra nsmit a copy of the 68
106	106	jury verdict to the Chief Financial Officer by certified mail. 69
107	107	In the final judgment, the court shall order the percentages of 70
108	108	the award, payable as provided herein. 71
109	109	(b) A settlement agreement entered into between the 72
110	110	original parties to the action after a verdict has been returned 73
111	111	must provide a proportionate share payable to the Quality of 74
112	112	Long-Term Care Facility Improvement Trust Fund specified herein. 75
113	113
114	114	HB 6035 2022
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb6035-00
120	120	Page 4 of 4
121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122	122
123	123
124	124
125	125	For purposes of this paragraph, a proportionate share is a 50 -76
126	126	percent share of that percentage of the settlement amount which 77
127	127	the punitive damages portion of the verdict bore to the total of 78
128	128	the compensatory and punitive damages in the verdict. 79
129	129	(c) The Department of Financial Services shall collect or 80
130	130	cause to be collected all paymen ts due the state under this 81
131	131	section. Such payments are made to the Chief Financial Officer 82
132	132	and deposited in the appropriate fund specified in this 83
133	133	subsection. 84
134	134	(d) If the full amount of punitive damages awarded cannot 85
135	135	be collected, the claimant and the ot her recipient designated 86
136	136	pursuant to this subsection are each entitled to a proportionate 87
137	137	share of the punitive damages collected. 88
138	138	Section 4. This act shall take effect July 1, 2022. 89