| 1 | A bill to be entitled |
| 2 | An act relating to damages for wrongful death; |
| 3 | amending s. 768.21, F.S.; deleting a provision |
| 4 | relating to prevention of recovery of damages for |
| 5 | wrongful death by adult children of a decedent or by |
| 6 | parents of an adult child with respect to claims for |
| 7 | medical negligence; amending ss. 400.023, 400.0235, |
| 8 | and 429.295, F.S.; conforming provisions to changes |
| 9 | made by the act; providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Subsection (8) of section 768.21, Florida |
| 14 | Statutes, is amended to read: |
| 15 | 768.21 Damages.-All potential beneficiaries of a recovery |
| 16 | for wrongful death, including the decedent's estate, shall be |
| 17 | identified in the complaint, and their relationships to the |
| 18 | decedent shall be alleged. Damages may be awarded as follows: |
| 19 | (8) The damages specified in subsection (3) shall not be |
| 20 | recoverable by adult children and the damages specified in |
| 21 | subsection (4) shall not be recoverable by parents of an adult |
| 22 | child with respect to claims for medical negligence as defined |
| 23 | by s. 766.106(1). |
| 24 | Section 2. Subsection (7) of section 400.023, Florida |
| 25 | Statutes, is amended to read: |
| 26 | 400.023 Civil enforcement.- |
| 27 | (7) An action under this part for a violation of rights or |
| 28 | negligence recognized under this part herein is not a claim for |
| 29 | medical malpractice, and the provisions of s. 768.21(8) do not |
| 30 | apply to a claim alleging death of the resident. |
| 31 | Section 3. Section 400.0235, Florida Statutes, is amended |
| 32 | to read: |
| 33 | 400.0235 Certain provisions not applicable to Actions |
| 34 | under this part not medical malpractice claims.-An action under |
| 35 | this part for a violation of rights or negligence recognized |
| 36 | under this part is not a claim for medical malpractice, and the |
| 37 | provisions of s. 768.21(8) do not apply to a claim alleging |
| 38 | death of the resident. |
| 39 | Section 4. Section 429.295, Florida Statutes, is amended |
| 40 | to read: |
| 41 | 429.295 Certain provisions not applicable to Actions under |
| 42 | this part not medical malpractice claims.-An action under this |
| 43 | part for a violation of rights or negligence recognized under |
| 44 | this part herein is not a claim for medical malpractice, and the |
| 45 | provisions of s. 768.21(8) do not apply to a claim alleging |
| 46 | death of the resident. |
| 47 | Section 5. This act shall take effect July 1, 2012. |