Florida Senate - 2023 SENATOR AMENDMENT
Bill No. CS for CS for SB 236
Ì597030wÎ597030
LEGISLATIVE ACTION
Senate . House
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Senator Grall moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 718 and 719
4 insert:
5 Section 9. Subsection (1) of section 768.18, Florida
6 Statutes, is amended to read:
7 768.18 Definitions.—As used in ss. 768.16-768.26:
8 (1) “Survivors” means the decedent’s spouse, children,
9 parents, and, when partly or wholly dependent on the decedent
10 for support or services, any blood relatives and adoptive
11 brothers and sisters. It includes the child born out of wedlock
12 of a mother, but not the child born out of wedlock of the father
13 unless the father has recognized a responsibility for the
14 child’s support. It also includes the parents of an unborn
15 fetus.
16 Section 10. Present subsections (5) through (8) of section
17 768.21, Florida Statutes, are redesignated as subsections (6)
18 through (9), respectively, a new subsection (5) is added to that
19 section, and paragraph (b) of present subsection (6) of that
20 section is amended, to read:
21 768.21 Damages.—All potential beneficiaries of a recovery
22 for wrongful death, including the decedent’s estate, shall be
23 identified in the complaint, and their relationships to the
24 decedent shall be alleged. Damages may be awarded as follows:
25 (5) Except for claims brought under chapter 766, each
26 parent of an unborn fetus may recover for medical and funeral
27 expenses and mental pain and suffering caused by the wrongful
28 death of the unborn fetus if such death was caused by the
29 negligence of a third party.
30 (7)(6) The decedent’s personal representative may recover
31 for the decedent’s estate the following:
32 (b) Medical or funeral expenses due to the decedent’s
33 injury or death that have become a charge against her or his
34 estate or that were paid by or on behalf of decedent, excluding
35 amounts recoverable under subsection (6) (5).
36
37 Evidence of remarriage of the decedent’s spouse is admissible.
38 Section 11. Subsection (9) of section 400.023, Florida
39 Statutes, is amended to read:
40 400.023 Civil enforcement.—
41 (9) An action under this part for a violation of rights or
42 negligence recognized herein is not a claim for medical
43 malpractice, and s. 768.21(9) s. 768.21(8) does not apply to a
44 claim alleging death of the resident.
45 Section 12. Section 400.0235, Florida Statutes, is amended
46 to read:
47 400.0235 Certain provisions not applicable to actions under
48 this part.—An action under this part for a violation of rights
49 or negligence recognized under this part is not a claim for
50 medical malpractice, and the provisions of s. 768.21(9) s.
51 768.21(8) do not apply to a claim alleging death of the
52 resident.
53 Section 13. Section 429.295, Florida Statutes, is amended
54 to read:
55 429.295 Certain provisions not applicable to actions under
56 this part.—An action under this part for a violation of rights
57 or negligence recognized herein is not a claim for medical
58 malpractice, and the provisions of s. 768.21(9) s. 768.21(8) do
59 not apply to a claim alleging death of the resident.
60
61 ================= T I T L E A M E N D M E N T ================
62 And the title is amended as follows:
63 Delete line 41
64 and insert:
65 providing construction; amending s. 768.18, F.S.;
66 revising the definition of the term “survivors” for
67 purposes of the Florida Wrongful Death Act; amending
68 s. 768.21, F.S.; authorizing parents of an unborn
69 fetus to recover, except under certain claims, certain
70 damages caused by the wrongful death of the unborn
71 fetus if such death was caused by a third party’s
72 negligence; amending ss. 400.023, 400.0235, and
73 429.295, F.S.; conforming cross-references; amending
74 s. 768.81, F.S.;