Bill Text: FL H0865 | 2010 | Regular Session | Introduced

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Bill Title: Damages for Wrongful Death

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Civil Justice & Courts Policy (CCJP) [H0865 Detail]

Download: Florida-2010-H0865-Introduced.html

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HB 865

1	A bill to be entitled
2	An act relating to damages for wrongful death; repealing
3	s. 768.21(8), F.S., relating to prevention of recovery of
4	damages for wrongful death by adult children of a decedent
5	or by parents of an adult child with respect to claims for
6	medical negligence; amending ss. 400.023, 400.0235, and
7	429.295, F.S.; conforming provisions to changes made by
8	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13	Statutes, is repealed.
14	Section 2. Subsection (7) of section 400.023, Florida
15	Statutes, is amended to read:
16	400.023 Civil enforcement.-
17	(7) An action under this part for a violation of rights or
18	negligence recognized herein is not a claim for medical
19	malpractice, and the provisions of s. 768.21(8) do not apply to
20	a claim alleging death of the resident.
21	Section 3. Section 400.0235, Florida Statutes, is amended
22	to read:
23	400.0235 Certain provisions not applicable to Actions
24	under this part not medical malpractice claims.-An action under
25	this part for a violation of rights or negligence recognized
26	under this part is not a claim for medical malpractice, and the
27	provisions of s. 768.21(8) do not apply to a claim alleging
28	death of the resident.
29	Section 4. Section 429.295, Florida Statutes, is amended
30	to read:
31	429.295 Certain provisions not applicable to Actions under
32	this part not medical malpractice claims.-An action under this
33	part for a violation of rights or negligence recognized herein
34	is not a claim for medical malpractice, and the provisions of s.
35	768.21(8) do not apply to a claim alleging death of the
36	resident.
37	Section 5. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.