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The Medical Liability Claimant's Compensation Amendment
03-34

Reference:
Article I, Section 26

Summary:
  View Full Text (pdf)
Proposes to amend the State Constitution to provide that an injured claimant who enters into a contingency fee agreement with an attorney in a claim for medical liability is entitled to no less than 70% of the first $250,000.00 in all damages received by the claimant, and 90% of damages in excess of $250,000.00, exclusive of reasonable and customary costs and regardless of the number of defendants. This amendment is intended to be self-executing.

Sponsor:
Citizens For A Fair Share, Inc.
113 East College Avenue
Tallahassee, FL 32301-0000
(850) 224-6496
  Contact: Sandra B. Mortham, Chairperson

Signatures:
Statewide total needed for judicial and financial impact review (signed by 25% of voters required by s. 3, Art. XI of the State Constitution in one-half of the congressional districts): 48,869 
Statewide total needed to make ballot position (signed by 8% of the voters in at least one-half of Florida's congressional districts and in the state as whole as of the last presidential election): 488,722 
Statewide total currently valid: 499,148*
Congressional district totals needed for judicial and economic reviews and ballot placement, with currently valid signatures: View by District by County
*Statewide and congressional district totals for ballot position are NOT OFFICAL until the Secretary of State determines the requisite signatures have been obtained and issues a certificate of ballot position. Once an initiative petition is certified for ballot position, total currently valid may exceed the official totals at time of certification. For status on ballot position, see Status Table below.
 
To find out the signature threshold required in each Congressional District for review and ballot position, the current number of verified signatures in each Congressional District by county, and how many Congressional Districts may have met or exceeded signature thresholds, click the link above titled "View by District by County".

Status: Passed
Approval Date: 09/08/2003 
Undue Burden:  
Made Review: 02/05/2004 
Attorney General: 02/09/2004 
Sent to Supreme Court: 03/08/2004 
Supreme Court Ruling: Constitutional  
SC Ruling Date: 07/15/2004 
Made Ballot: 07/19/2004 
Ballot Number: 3  
Election Date: 11/02/2004 
 Votes For: 4,583,164   
 Votes Against: 2,622,143   




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