Florida Senate - 2021                                    SB 1712
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01817-21                                           20211712__
    1                        A bill to be entitled                      
    2         An act relating to claims for medical negligence;
    3         amending ss. 400.023, 400.0235, and 429.295, F.S.;
    4         conforming provisions to changes made by the act;
    5         amending s. 768.21, F.S.; authorizing an adult child
    6         who was under the care of a legal parental guardian at
    7         the time of a parent’s death or the adult child’s
    8         personal representative to file a claim for medical
    9         negligence under certain circumstances; authorizing
   10         the legal parental guardian of an adult child or the
   11         parental guardian’s personal representative to file a
   12         claim for medical negligence under certain
   13         circumstances; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (9) of section 400.023, Florida
   18  Statutes, is amended to read:
   19         400.023 Civil enforcement.—
   20         (9) An action under this part for a violation of rights or
   21  negligence recognized herein is not a claim for medical
   22  malpractice, and s. 768.21(8) and (9) do does not apply to a
   23  claim alleging death of the resident.
   24         Section 2. Section 400.0235, Florida Statutes, is amended
   25  to read:
   26         400.0235 Certain provisions not applicable to actions under
   27  this part.—An action under this part for a violation of rights
   28  or negligence recognized under this part is not a claim for
   29  medical malpractice, and the provisions of s. 768.21(8) and (9)
   30  do not apply to a claim alleging death of the resident.
   31         Section 3. Section 429.295, Florida Statutes, is amended to
   32  read:
   33         429.295 Certain provisions not applicable to actions under
   34  this part.—An action under this part for a violation of rights
   35  or negligence recognized herein is not a claim for medical
   36  malpractice, and the provisions of s. 768.21(8) and (9) do not
   37  apply to a claim alleging death of the resident.
   38         Section 4. Subsection (8) of section 768.21, Florida
   39  Statutes, is amended, and subsection (9) is added to that
   40  section, to read:
   41         768.21 Damages.—All potential beneficiaries of a recovery
   42  for wrongful death, including the decedent’s estate, shall be
   43  identified in the complaint, and their relationships to the
   44  decedent shall be alleged. Damages may be awarded as follows:
   45         (8) The damages specified in subsection (3) are shall not
   46  be recoverable by adult children with respect to a claim for
   47  medical negligence as defined in s. 766.106(1) unless the
   48  decedent had previously been appointed a guardian as defined in
   49  s. 744.102 over the adult child. A personal representative as
   50  defined in s. 198.01(2) may file the suit on behalf of the adult
   51  child. and
   52         (9) The damages specified in subsection (4) are shall not
   53  be recoverable by parents of an adult child with respect to
   54  claims for medical negligence as defined in by s. 766.106(1)
   55  unless the parent had previously been appointed a guardian as
   56  defined in s. 744.102 over the adult child. A personal
   57  representative as defined in s. 198.01(2) may file the suit on
   58  behalf of the parent of the adult child.
   59         Section 5. This act shall take effect July 1, 2021.