| 1 | A bill to be entitled |
| 2 | An act relating to damages for wrongful death; repealing |
| 3 | s. 768.21(8), F.S., relating to prevention of recovery of |
| 4 | damages for wrongful death by adult children of a decedent |
| 5 | or by parents of an adult child with respect to claims for |
| 6 | medical negligence; amending ss. 400.023, 400.0235, and |
| 7 | 429.295, F.S.; conforming provisions to changes made by |
| 8 | the act; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 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| 13 | Statutes, is repealed.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 herein is not a claim for medical |
| 19 | malpractice, and the provisions of s. 768.21(8) do not apply to |
| 20 | 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 |
| 24 | under this part not medical malpractice claims.-An action under |
| 25 | this part for a violation of rights or negligence recognized |
| 26 | under this part is not a claim for medical malpractice, and the |
| 27 | provisions of s. 768.21(8) do not apply to a claim alleging |
| 28 | death of the resident. |
| 29 | Section 4. Section 429.295, Florida Statutes, is amended |
| 30 | to read: |
| 31 | 429.295 Certain provisions not applicable to Actions under |
| 32 | this part not medical malpractice claims.-An action under this |
| 33 | part for a violation of rights or negligence recognized herein |
| 34 | is not a claim for medical malpractice, and the provisions of s. |
| 35 | 768.21(8) do not apply to a claim alleging death of the |
| 36 | resident. |
| 37 | Section 5. This act shall take effect July 1, 2010. |