Bill Text: FL H4023 | 2012 | Regular Session | Introduced

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Bill Title: Damages for Wrongful Death

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-09 - Died in Civil Justice Subcommittee [H4023 Detail]

Download: Florida-2012-H4023-Introduced.html

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HB 4023

1	A bill to be entitled
2	An act relating to damages for wrongful death;
3	amending s. 768.21, F.S.; deleting a provision
4	relating to prevention of recovery of damages for
5	wrongful death by adult children of a decedent or by
6	parents of an adult child with respect to claims for
7	medical negligence; amending ss. 400.023, 400.0235,
8	and 429.295, F.S.; conforming provisions to changes
9	made by the act; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Subsection (8) of section 768.21, Florida
14	Statutes, is amended 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	(8)  The damages specified in subsection (3) shall not be
20	recoverable by adult children and the damages specified in
21	subsection (4) shall not be recoverable by parents of an adult
22	child with respect to claims for medical negligence as defined
23	by s. 766.106(1).
24	Section 2.  Subsection (7) of section 400.023, Florida
25	Statutes, is amended to read:
26	400.023  Civil enforcement.-
27	(7)  An action under this part for a violation of rights or
28	negligence recognized under this part herein is not a claim for
29	medical malpractice, and the provisions of s. 768.21(8) do not
30	apply to a claim alleging death of the resident.
31	Section 3.  Section 400.0235, Florida Statutes, is amended
32	to read:
33	400.0235  Certain provisions not applicable to Actions
34	under this part not medical malpractice claims.-An action under
35	this part for a violation of rights or negligence recognized
36	under this part is not a claim for medical malpractice, and the
37	provisions of s. 768.21(8) do not apply to a claim alleging
38	death of the resident.
39	Section 4.  Section 429.295, Florida Statutes, is amended
40	to read:
41	429.295  Certain provisions not applicable to Actions under
42	this part not medical malpractice claims.-An action under this
43	part for a violation of rights or negligence recognized under
44	this part herein is not a claim for medical malpractice, and the
45	provisions of s. 768.21(8) do not apply to a claim alleging
46	death of the resident.
47	Section 5.  This act shall take effect July 1, 2012.

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