House Bill hb1613

    Florida House of Representatives - 2002                HB 1613

        By Representatives Bullard and Bendross-Mindingall






  1                      A bill to be entitled

  2         An act relating to wrongful death; repealing s.

  3         768.21(8), F.S.; deleting a provision

  4         precluding recovery for pain and suffering for

  5         wrongful death with respect to medical

  6         malpractice by certain persons; amending ss.

  7         400.023, 400.0235, and 400.4295, F.S.;

  8         conforming to the act; providing an effective

  9         date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Subsection (8) of section 768.21, Florida

14  Statutes, is hereby repealed.

15         Section 2.  Subsection (7) of section 400.023, Florida

16  Statutes, is amended to read:

17         400.023  Civil enforcement.--

18         (7)  An action under this part for a violation of

19  rights or negligence recognized herein is not a claim for

20  medical malpractice, and the provisions of s. 768.21(8) do not

21  apply to a claim alleging death of the resident.

22         Section 3.  Section 400.0235, Florida Statutes, is

23  amended to read:

24         400.0235  Certain provisions not applicable to actions

25  under this part.--An action under this part for a violation of

26  rights or negligence recognized under this part is not a claim

27  for medical malpractice, and the provisions of s. 768.21(8) do

28  not apply to a claim alleging death of the resident.

29         Section 4.  Section 400.4295, Florida Statutes, is

30  amended to read:

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1613

    756-120-02






  1         400.4295  Certain provisions not applicable to actions

  2  under this part.--An action under this part for a violation of

  3  rights or negligence recognized herein is not a claim for

  4  medical malpractice, and the provisions of s. 768.21(8) do not

  5  apply to a claim alleging death of the resident.

  6         Section 5.  This act shall take effect July 1, 2002.

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  9                          HOUSE SUMMARY

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      Deletes a provision of law precluding recovery for pain
11    and suffering for wrongful death caused by medical
      malpractice with respect to certain persons. See bill for
12    details.

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CODING: Words stricken are deletions; words underlined are additions.