Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. CS for SB 236 Ì636650$Î636650 LEGISLATIVE ACTION Senate . House Comm: WD . 03/17/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.42768.21(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.;