Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 248
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Judiciary (Book) recommended the following:
    1         Senate Amendment to Amendment (932842) (with title
    2  amendment)
    4         Delete lines 26 - 326
    5  and insert:
    6         Section 4. Subsection (8) of section 768.21, Florida
    7  Statutes, is amended, and subsections (3) and (4) of that
    8  section are republished, to read:
    9         768.21 Damages.—All potential beneficiaries of a recovery
   10  for wrongful death, including the decedent’s estate, shall be
   11  identified in the complaint, and their relationships to the
   12  decedent shall be alleged. Damages may be awarded as follows:
   13         (3) Minor children of the decedent, and all children of the
   14  decedent if there is no surviving spouse, may also recover for
   15  lost parental companionship, instruction, and guidance and for
   16  mental pain and suffering from the date of injury. For the
   17  purposes of this subsection, if both spouses die within 30 days
   18  of one another as a result of the same wrongful act or series of
   19  acts arising out of the same incident, each spouse is considered
   20  to have been predeceased by the other.
   21         (4) Each parent of a deceased minor child may also recover
   22  for mental pain and suffering from the date of injury. Each
   23  parent of an adult child may also recover for mental pain and
   24  suffering if there are no other survivors.
   25         (8) The damages specified in subsection (3) shall not be
   26  recoverable by adult children and the damages specified in
   27  subsection (4) shall not be recoverable by parents of an adult
   28  child with respect to claims for medical negligence as defined
   29  by s. 766.106(1).
   31  ================= T I T L E  A M E N D M E N T ================
   32  And the title is amended as follows:
   33         Delete lines 334 - 418
   34  and insert:
   35         An act relating to medical exemption in wrongful death
   36         actions; amending ss. 400.023, 400.0235, and 429.295,
   37         F.S.; conforming provisions to changes made by the
   38         act; amending s. 768.21, F.S.; deleting a provision
   39         that prohibits adult children and parents of adult
   40         children from recovering certain damages in medical
   41         negligence suits; providing an effective date.