THE BILL ITSELF
SB 1700
Recovery of Damages for Medical Negligence Resulting in Death
Florida Senate - 2026 SB 1700 By Senator Grall 29-00806-26 20261700__
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A bill to be entitled
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An act relating to recovery of damages for medical
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negligence resulting in death; amending s. 768.21,
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F.S.; deleting a provision that precludes certain
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persons from recovering damages for medical negligence
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resulting in death; amending ss. 400.023, 400.0235,
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and 429.295, F.S.; conforming provisions to changes
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made by the act; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (8) of section 768.21, Florida
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Statutes, is amended, and subsections (3) and (4) of that
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section are republished, to read:
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768.21 Damages.—All potential beneficiaries of a recovery
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for wrongful death, including the decedent’s estate, shall be
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identified in the complaint, and their relationships to the
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decedent shall be alleged. Damages may be awarded as follows:
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(3) Minor children of the decedent, and all children of the
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decedent if there is no surviving spouse, may also recover for
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lost parental companionship, instruction, and guidance and for
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mental pain and suffering from the date of injury. For the
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purposes of this subsection, if both spouses die within 30 days
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of one another as a result of the same wrongful act or series of
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acts arising out of the same incident, each spouse is considered
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to have been predeceased by the other.
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(4) Each parent of a deceased minor child may also recover
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for mental pain and suffering from the date of injury. Each
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parent of an adult child may also recover for mental pain and
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suffering if there are no other survivors.
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(8) The damages specified in subsection (3) shall not be
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recoverable by adult children and the damages specified in
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subsection (4) shall not be recoverable by parents of an adult
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child with respect to claims for medical negligence as defined
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by s. 766.106(1).
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Section 2. Subsection (9) of section 400.023, Florida
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Statutes, is amended to read:
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400.023 Civil enforcement.—
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(9) An action under this part for a violation of rights or
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negligence recognized herein is not a claim for medical
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malpractice , and s. 768.21(8) does not apply to a claim alleging
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death of the resident .
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Section 3. Section 400.0235, Florida Statutes, is amended
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to read:
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400.0235 Certain provisions not applicable to actions under
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this part.—An action under this part for a violation of rights
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or negligence recognized under this part is not a claim for
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medical malpractice , and the provisions of s. 768.21(8) do not
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apply to a claim alleging death of the resident .
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Section 4. Section 429.295, Florida Statutes, is amended to
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read:
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429.295 Certain provisions not applicable to actions under
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this part.—An action under this part for a violation of rights
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or negligence recognized herein is not a claim for medical
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malpractice , and the provisions of s. 768.21(8) do not apply to
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a claim alleging death of the resident .
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Section 5. This act shall take effect July 1, 2026.