Florida Senate - 2010                                    SB 1606
       
       
       
       By Senator Smith
       
       
       
       
       29-01369-10                                           20101606__
    1                        A bill to be entitled                      
    2         An act relating to wrongful death; repealing s.
    3         768.21, F.S., relating to a provision that prohibits
    4         an adult child of a deceased parent or a parent of a
    5         deceased adult child from being awarded damages with
    6         respect to a claim for medical negligence; amending
    7         ss. 400.023, 400.0235, and 429.295, F.S.; conforming
    8         cross-references; providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (8) of section 768.21, Florida
   13  Statutes, is repealed.
   14         Section 2. Subsection (7) of section 400.023, Florida
   15  Statutes, is amended to read:
   16         400.023 Civil enforcement.—
   17         (7) An action under this part for a violation of rights or
   18  negligence recognized under this part herein is not a claim for
   19  medical malpractice, and the provisions of s. 768.21(8) do not
   20  apply to a claim alleging death of the resident.
   21         Section 3. Section 400.0235, Florida Statutes, is amended
   22  to read:
   23         400.0235 Certain provisions not applicable to actions under
   24  this part.—An action under this part for a violation of rights
   25  or negligence recognized under this part is not a claim for
   26  medical malpractice, and the provisions of s. 768.21(8) do not
   27  apply to a claim alleging death of the resident.
   28         Section 4. Section 429.295, Florida Statutes, is amended to
   29  read:
   30         429.295 Certain provisions not applicable to actions under
   31  this part.—An action under this part for a violation of rights
   32  or negligence recognized under this part herein is not a claim
   33  for medical malpractice, and the provisions of s. 768.21(8) do
   34  not apply to a claim alleging death of the resident.
   35         Section 5. This act shall take effect upon becoming a law.