Florida 2024 Regular Session

Florida House Bill H0077 Latest Draft

Bill / Introduced Version Filed 09/21/2023

                               
 
HB 77  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0077-00 
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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 in claims for 2 
medical negligence; amending s. 768.21, F.S.; removing 3 
a provision that prohibits parents of an adult child 4 
from recovering certain damages in medical negligence 5 
suits; providing an effective date. 6 
 7 
Be It Enacted by the Legislature of the State of Florida: 8 
 9 
 Section 1.  Subsection (8) of section 768.21, Florida 10 
Statutes, is amended, and subsection (4) of t hat section is 11 
republished, to read: 12 
 768.21  Damages.—All potential beneficiaries of a recovery 13 
for wrongful death, including the decedent's estate, shall be 14 
identified in the complaint, and their relationships to the 15 
decedent shall be alleged. Damages ma y be awarded as follows: 16 
 (4)  Each parent of a deceased minor child may also recover 17 
for mental pain and suffering from the date of injury. Each 18 
parent of an adult child may also recover for mental pain and 19 
suffering if there are no other survivors. 20 
 (8)  The damages specified in subsection (3) shall not be 21 
recoverable by adult children and the damages specified in 22 
subsection (4) shall not be recoverable by parents of an adult 23 
child with respect to claims for medical negligence as defined 24 
by s. 766.106(1). 25     
 
HB 77  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0077-00 
Page 2 of 2 
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 
 
 
 
 Section 2.  This act shall take effect July 1, 2024. 26