Florida SB 1700: School Readiness Program Funding

Bill Text

1700 
Recovery of Damages for Medical Negligence Resulting in Death 
2026-01-09T10:48:26Z 
Deleting a provision that precludes certain persons from recovering damages for medical negligence resulting in death, etc. 
Original Filed Version 
2026 
S 
GB 
General Bill 
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 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.