Florida Senate - 2026                                    SB 1700
       
       
        
       By Senator Grall
       
       
       
       
       
       29-00806-26                                           20261700__
    1                        A bill to be entitled                      
    2         An act relating to recovery of damages for medical
    3         negligence resulting in death; amending s. 768.21,
    4         F.S.; deleting a provision that precludes certain
    5         persons from recovering damages for medical negligence
    6         resulting in death; amending ss. 400.023, 400.0235,
    7         and 429.295, F.S.; conforming provisions to changes
    8         made by the act; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (8) of section 768.21, Florida
   13  Statutes, is amended, and subsections (3) and (4) of that
   14  section are republished, to read:
   15         768.21 Damages.—All potential beneficiaries of a recovery
   16  for wrongful death, including the decedent’s estate, shall be
   17  identified in the complaint, and their relationships to the
   18  decedent shall be alleged. Damages may be awarded as follows:
   19         (3) Minor children of the decedent, and all children of the
   20  decedent if there is no surviving spouse, may also recover for
   21  lost parental companionship, instruction, and guidance and for
   22  mental pain and suffering from the date of injury. For the
   23  purposes of this subsection, if both spouses die within 30 days
   24  of one another as a result of the same wrongful act or series of
   25  acts arising out of the same incident, each spouse is considered
   26  to have been predeceased by the other.
   27         (4) Each parent of a deceased minor child may also recover
   28  for mental pain and suffering from the date of injury. Each
   29  parent of an adult child may also recover for mental pain and
   30  suffering if there are no other survivors.
   31         (8) The damages specified in subsection (3) shall not be
   32  recoverable by adult children and the damages specified in
   33  subsection (4) shall not be recoverable by parents of an adult
   34  child with respect to claims for medical negligence as defined
   35  by s. 766.106(1).
   36         Section 2. Subsection (9) of section 400.023, Florida
   37  Statutes, is amended to read:
   38         400.023 Civil enforcement.—
   39         (9) An action under this part for a violation of rights or
   40  negligence recognized herein is not a claim for medical
   41  malpractice, and s. 768.21(8) does not apply to a claim alleging
   42  death of the resident.
   43         Section 3. Section 400.0235, Florida Statutes, is amended
   44  to read:
   45         400.0235 Certain provisions not applicable to actions under
   46  this part.—An action under this part for a violation of rights
   47  or negligence recognized under this part is not a claim for
   48  medical malpractice, and the provisions of s. 768.21(8) do not
   49  apply to a claim alleging death of the resident.
   50         Section 4. Section 429.295, Florida Statutes, is amended to
   51  read:
   52         429.295 Certain provisions not applicable to actions under
   53  this part.—An action under this part for a violation of rights
   54  or negligence recognized herein is not a claim for medical
   55  malpractice, and the provisions of s. 768.21(8) do not apply to
   56  a claim alleging death of the resident.
   57         Section 5. This act shall take effect July 1, 2026.