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