Florida HB 6003: Recovery of Damages for Medical Negligence Resulting in Death

Bill Text

HB 6003 2026

CODING: Words stricken are deletions; words underlined are additions.
hb6003-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to recovery of damages for medical 2
negligence resulting in death; amending s. 768.21, 3
F.S.; deleting a provision that precluded certain 4
persons from recovering damages for medical negligence 5
resulting in death; amending ss. 400.023, 400.0235, 6
and 429.295, F.S.; conforming provisions to changes 7
made by the act; providing an effective date. 8
9
Be It Enacted by the Legislature of the State of Florida: 10
11
Section 1. Subsection (8) of section 768.21, Florida 12
Statutes, is amended, and subsections (3) and (4) of that 13
section are republished, to read: 14
768.21 Damages.—All potential beneficiaries of a recovery 15
for wrongful death, including the decedent's estate, shall be 16
identified in the complaint, and their relationships to the 17
decedent shall be alleged. Damages may be awarded as follows: 18
(3) Minor children of the decedent, and all children of 19
the decedent if there is no surviving spouse, may also recover 20
for lost parental companionship, instruction, and guidance and 21
for mental pain and suffering from the date of injury. For the 22
purposes of this subsection, if both spouses die within 30 days 23
of one another as a result of the same wrongful act or series of 24
acts arising out of the same incident, each spouse is considered 25

HB 6003 2026

CODING: Words stricken are deletions; words underlined are additions.
hb6003-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

to have been predeceased by the other. 26
(4) Each parent of a deceased minor child may also recover 27
for mental pain and suffering from the date of injury. Each 28
parent of an adult child may also recover for mental pain and 29
suffering if there are no other survivors. 30
(8) The damages specified in subsection (3) shall not be 31
recoverable by adult children and the damages specified in 32
subsection (4) shall not be recoverable by parents of an adult 33
child with respect to claims for medical negligence as defined 34
by s. 766.106(1). 35
Section 2. Subsection (9) of section 400.023, Florida 36
Statutes, is amended to read: 37
400.023 Civil enforcement.— 38
(9) An action under this part for a violation of rights or 39
negligence recognized herein is not a claim for medical 40
malpractice, and s. 768.21(8) does not apply to a claim alleging 41
death of the resident. 42
Section 3. Section 400.0235, Florida Statutes, is amended 43
to read: 44
400.0235 Certain provisions not applicable to actions 45
under this part.—An action under this part for a violation of 46
rights or negligence recognized under this part is not a claim 47
for medical malpractice, and the provisions of s. 768.21(8) do 48
not apply to a claim alleging death of the resident. 49
Section 4. Section 429.295, Florida Statutes, is amended 50

HB 6003 2026

CODING: Words stricken are deletions; words underlined are additions.
hb6003-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

to read: 51
429.295 Certain provisions not applicable to actions under 52
this part.—An action under this part for a violation of rights 53
or negligence recognized herein is not a claim for medical 54
malpractice, and the provisions of s. 768.21(8) do not apply to 55
a claim alleging death of the resident. 56
Section 5. This act shall take effect July 1, 2026. 57