HB 25 2025
CODING: Words stricken are deletions; words underlined are additions.
hb25-00
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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 damages recoverable in wrongful 2
death actions; providing a short title; amending ss. 3
400.023, 400.0235, and 429.295, F.S.; conforming 4
provisions to changes made by the act; amending s. 5
768.21, F.S.; removing a provision that prohibits 6
adult children and parents of adult children from 7
recovering certain damages in medical negligence 8
suits; providing an effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
12
Section 1. This act may be cited as the "Keith Davis 13
Family Protection Act." 14
Section 2. Subsection (9) of section 400.023, Florida 15
Statutes, is amended to read: 16
400.023 Civil enforcement. — 17
(9) An action under this part for a violation of rights or 18
negligence recognized herein is not a claim for medical 19
malpractice, and s. 768.21(8) does not apply to a claim alleging 20
death of the resident . 21
Section 3. Section 400.0235, Florida Statutes, is amended 22
to read: 23
400.0235 Certain provisions not applicable to actions 24
under this part.—An action under this part for a violation of 25
HB 25 2025
CODING: Words stricken are deletions; words underlined are additions.
hb25-00
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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
rights or negligence recognized under this part is not a claim 26
for medical malpractice , and the provisions of s. 768.21(8) do 27
not apply to a claim alleging death of the resident . 28
Section 4. Section 429.295, Florida Statutes, is amended 29
to read: 30
429.295 Certain provisions not applicable to actions under 31
this part.—An action under this part for a violation of rights 32
or negligence recognized herein is not a claim for medical 33
malpractice, and the provisions of s. 768.21(8) do not apply to 34
a claim alleging death of the resident . 35
Section 5. Subsection (8) of section 768.21, Florida 36
Statutes, is amended, and subsections (3) and (4) of that 37
section are republished, to read: 38
768.21 Damages.—All potential beneficiaries of a recovery 39
for wrongful death, including the decedent's estate, shall be 40
identified in the complaint, and their relationships to the 41
decedent shall be alleged. Damag es may be awarded as follows: 42
(3) Minor children of the decedent, and all children of 43
the decedent if there is no surviving spouse, may also recover 44
for lost parental companionship, instruction, and guidance and 45
for mental pain and suffering from the dat e of injury. For the 46
purposes of this subsection, if both spouses die within 30 days 47
of one another as a result of the same wrongful act or series of 48
acts arising out of the same incident, each spouse is considered 49
to have been predeceased by the other. 50
HB 25 2025
CODING: Words stricken are deletions; words underlined are additions.
hb25-00
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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
(4) Each parent of a deceased minor child may also recover 51
for mental pain and suffering from the date of injury. Each 52
parent of an adult child may also recover for mental pain and 53
suffering if there are no other survivors. 54
(8) The damages specified in subsection (3) shall not be 55
recoverable by adult children and the damages specified in 56
subsection (4) shall not be recoverable by parents of an adult 57
child with respect to claims for medical negligence as defined 58
by s. 766.106(1). 59
Section 6. This act shall take effect July 1, 2025. 60