FL S1396

Requires trial judge to conduct evidentiary hearing before claims can proceed against nursing home officers, directors, owners, or agents, determining whether sufficient evidence establishes they breached duties and caused resident harm.

Caps noneconomic damages in wrongful death claims against nursing homes at $300,000 total, regardless of the number of claimants, when claimant elects wrongful death damages under section 768.21.

Requires evidentiary hearing on punitive damages claims where judge must weigh evidence from both claimant and defendant to determine if reasonable basis exists for recovery, and prohibits discovery of defendant's financial information until judge approves the punitive damages pleading.

Revises punitive damages standards to require clear and convincing evidence that specific individual or corporate defendant actively and knowingly participated in intentional misconduct or engaged in gross negligence that contributed to claimant's loss.

Clarifies that for vicarious liability of employers or entities, punitive damages may only be imposed if the employee or agent's conduct meets punitive damages criteria and officers, directors, or managers condoned, ratified, or consented to the specific conduct.