HB 4207

1
A bill to be entitled
2An act relating to damages for wrongful death; amending s.
3768.21, F.S.; deleting a provision relating to prevention
4of recovery of damages for wrongful death by adult
5children of a decedent or by parents of an adult child
6with respect to claims for medical negligence; amending
7ss. 400.023, 400.0235, and 429.295, F.S.; conforming
8provisions to changes made by the act; providing an
9effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Subsection (8) of section 768.21, Florida
14Statutes, is amended to read:
15     768.21  Damages.-All potential beneficiaries of a recovery
16for wrongful death, including the decedent's estate, shall be
17identified in the complaint, and their relationships to the
18decedent shall be alleged. Damages may be awarded as follows:
19     (8)  The damages specified in subsection (3) shall not be
20recoverable by adult children and the damages specified in
21subsection (4) shall not be recoverable by parents of an adult
22child with respect to claims for medical negligence as defined
23by s. 766.106(1).
24     Section 2.  Subsection (7) of section 400.023, Florida
25Statutes, is amended to read:
26     400.023  Civil enforcement.-
27     (7)  An action under this part for a violation of rights or
28negligence recognized under this part herein is not a claim for
29medical malpractice, and the provisions of s. 768.21(8) do not
30apply to a claim alleging death of the resident.
31     Section 3.  Section 400.0235, Florida Statutes, is amended
32to read:
33     400.0235  Certain provisions not applicable to Actions
34under this part not medical malpractice claims.-An action under
35this part for a violation of rights or negligence recognized
36under this part is not a claim for medical malpractice, and the
37provisions of s. 768.21(8) do not apply to a claim alleging
38death of the resident.
39     Section 4.  Section 429.295, Florida Statutes, is amended
40to read:
41     429.295  Certain provisions not applicable to Actions under
42this part not medical malpractice claims.-An action under this
43part for a violation of rights or negligence recognized under
44this part herein is not a claim for medical malpractice, and the
45provisions of s. 768.21(8) do not apply to a claim alleging
46death of the resident.
47     Section 5.  This act shall take effect July 1, 2011.


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