Florida Senate - 2023                                     SB 690
       
       
        
       By Senator Book
       
       
       
       
       
       35-01497-23                                            2023690__
    1                        A bill to be entitled                      
    2         An act relating to damages recoverable in wrongful
    3         death actions; amending ss. 400.023, 400.0235, and
    4         429.295, F.S.; conforming provisions to changes made
    5         by the act; amending s. 768.21, F.S.; removing a
    6         provision that prohibits adult children and parents of
    7         adult children from recovering certain damages in
    8         medical negligence suits; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (9) of section 400.023, Florida
   13  Statutes, is amended to read:
   14         400.023 Civil enforcement.—
   15         (9) An action under this part for a violation of rights or
   16  negligence recognized herein is not a claim for medical
   17  malpractice, and s. 768.21(8) does not apply to a claim alleging
   18  death of the resident.
   19         Section 2. Section 400.0235, Florida Statutes, is amended
   20  to read:
   21         400.0235 Certain provisions not applicable to actions under
   22  this part.—An action under this part for a violation of rights
   23  or negligence recognized under this part is not a claim for
   24  medical malpractice, and the provisions of s. 768.21(8) do not
   25  apply to a claim alleging death of the resident.
   26         Section 3. Section 429.295, Florida Statutes, is amended to
   27  read:
   28         429.295 Certain provisions not applicable to actions under
   29  this part.—An action under this part for a violation of rights
   30  or negligence recognized herein is not a claim for medical
   31  malpractice, and the provisions of s. 768.21(8) do not apply to
   32  a claim alleging death of the resident.
   33         Section 4. Subsection (8) of section 768.21, Florida
   34  Statutes, is amended, and subsections (3) and (4) of that
   35  section are republished, to read:
   36         768.21 Damages.—All potential beneficiaries of a recovery
   37  for wrongful death, including the decedent’s estate, shall be
   38  identified in the complaint, and their relationships to the
   39  decedent shall be alleged. Damages may be awarded as follows:
   40         (3) Minor children of the decedent, and all children of the
   41  decedent if there is no surviving spouse, may also recover for
   42  lost parental companionship, instruction, and guidance and for
   43  mental pain and suffering from the date of injury. For the
   44  purposes of this subsection, if both spouses die within 30 days
   45  of one another as a result of the same wrongful act or series of
   46  acts arising out of the same incident, each spouse is considered
   47  to have been predeceased by the other.
   48         (4) Each parent of a deceased minor child may also recover
   49  for mental pain and suffering from the date of injury. Each
   50  parent of an adult child may also recover for mental pain and
   51  suffering if there are no other survivors.
   52         (8) The damages specified in subsection (3) shall not be
   53  recoverable by adult children and the damages specified in
   54  subsection (4) shall not be recoverable by parents of an adult
   55  child with respect to claims for medical negligence as defined
   56  by s. 766.106(1).
   57         Section 5. This act shall take effect July 1, 2023.