Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 236
       
       
       
       
       
       
                                Ì636650$Î636650                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/17/2023           .                                
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       The Committee on Fiscal Policy (Osgood) recommended the
       following:
       
    1         Senate Amendment to Substitute Amendment (344956) (with
    2  title amendment)
    3  
    4         Between lines 662 and 663
    5  insert:
    6         Section 9. Subsection (1) of section 768.18, Florida
    7  Statutes, is amended to read:
    8         768.18 Definitions.—As used in ss. 768.16-768.26:
    9         (1) “Survivors” means the decedent’s spouse, children,
   10  parents, and, when partly or wholly dependent on the decedent
   11  for support or services, any blood relatives and adoptive
   12  brothers and sisters. It includes the child born out of wedlock
   13  of a mother, but not the child born out of wedlock of the father
   14  unless the father has recognized a responsibility for the
   15  child’s support. It also includes the parents of an unborn
   16  fetus.
   17         Section 10. Present subsections (5) through (8) of section
   18  768.21, Florida Statutes, are redesignated as subsections (6)
   19  through (9), respectively, and a new subsection (5) is added to
   20  that section, 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) Each parent of an unborn fetus may recover for medical
   26  and funeral expenses and mental pain and suffering caused by the
   27  death of an unborn fetus if such death was caused by the
   28  negligence of a third party.
   29         Section 11. Subsection (9) of section 400.023, Florida
   30  Statutes, is amended to read:
   31         400.023 Civil enforcement.—
   32         (9) An action under this part for a violation of rights or
   33  negligence recognized herein is not a claim for medical
   34  malpractice, and s. 768.21(9) s. 768.21(8) does not apply to a
   35  claim alleging death of the resident.
   36         Section 12. Section 400.0235, Florida Statutes, is amended
   37  to read:
   38         400.0235 Certain provisions not applicable to actions under
   39  this part.—An action under this part for a violation of rights
   40  or negligence recognized under this part is not a claim for
   41  medical malpractice, and the provisions of s. 768.21(9) s.
   42  768.21(8) do not apply to a claim alleging death of the
   43  resident.
   44         Section 13. Section 429.295, Florida Statutes, is amended
   45  to read:
   46         429.295 Certain provisions not applicable to actions under
   47  this part.—An action under this part for a violation of rights
   48  or negligence recognized herein is not a claim for medical
   49  malpractice, and the provisions of s. 768.21(9) s. 768.21(8) do
   50  not apply to a claim alleging death of the resident.
   51  
   52  ================= T I T L E  A M E N D M E N T ================
   53  And the title is amended as follows:
   54         Delete line 951
   55  and insert:
   56         providing construction; amending s. 768.18, F.S.;
   57         revising the definition of the term “survivors” for
   58         purposes of the Florida Wrongful Death Act; amending
   59         s. 768.21, F.S.; authorizing parents of an unborn
   60         fetus to recover certain damages caused by the death
   61         of the unborn fetus if such death was caused by a
   62         third party’s negligence; amending ss. 400.023,
   63         400.0235, and 429.295, F.S.; conforming cross
   64         references; amending s. 768.81, F.S.;