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Florida Amendment 8, Prohibiting Doctors Who Have Committed 3 Counts of Medical Malpractice From Practicing Medicine Initiative (2004)

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Florida Amendment 8

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Election date

November 2, 2004

Topic
Tort law
Status

ApprovedApproved

Type
Initiated constitutional amendment
Origin

Citizens



Florida Amendment 8 was on the ballot as an initiated constitutional amendment in Florida on November 2, 2004. It was approved.

A “yes” vote supported prohibiting doctors who have been found to have committed three or more incidents of medical malpractice from practicing medicine in Florida.

A “no” vote opposed prohibiting doctors who have been found to have committed three or more incidents of medical malpractice from practicing medicine in Florida.


Election results

Florida Amendment 8

Result Votes Percentage

Approved Yes

5,121,841 71.08%
No 2,083,864 28.92%
Results are officially certified.
Source


Text of measure

Ballot title

The ballot title for Amendment 8 was as follows:

Current law allows medical doctors who have committed repeated malpractice to be licensed to practice medicine in Florida. This amendment prohibits medical doctors who have been found to have committed three or more incidents of medical malpractice from being licensed to practice medicine in Flo

Full Text

The full text of this measure is available here.


Constitutional changes

The text of the amendment read:

"Section 20. Prohibition of Medical License After Repeated Medical Malpractice.

"a) No person who has been found to have committed three or more incidents of medical malpractice shall be licensed or continue to be licensed by the State of Florida to provide health care services as a medical doctor.

"b) For purposes of this section, the following terms have the following meanings:

"i) The phrase "medical malpractice" means both the failure to practice medicine in Florida with that level of care, skill, and treatment recognized in general law related to health care providers’ licensure, and any similar wrongful act, neglect, or default in other states or countries which, if committed in Florida, would have been considered medical malpractice.

"ii) The phrase "found to have committed" means that the malpractice has been found in a final judgment of a court of law, final administrative agency decision, or decision of binding arbitration."

Path to the ballot

See also: Signature requirements for ballot measures in Florida

The ballot measure was an initiated constitutional amendment. Proponents collected signatures to place the initiative on the ballot.

See also


External links

Footnotes