Florida Senate - 2025 SB 734 By Senator Yarborough 4-00329-25 2025734__ 1 A bill to be entitled 2 An act relating to actions for recovery of damages for 3 wrongful death; amending s. 768.21, F.S.; deleting a 4 provision prohibiting the recovery of certain damages 5 by specified parties related to the decedent in 6 wrongful death proceedings; amending ss. 400.023, 7 400.0235, and 429.295, F.S.; conforming provisions to 8 changes made by the act; reenacting ss. 95.11(11) and 9 429.29(1), F.S., relating to limitations other than 10 for recovery of real property and civil actions to 11 enforce rights, respectively, to incorporate the 12 amendment made to s. 768.21, F.S., in references 13 thereto; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1.Subsection (8) of section 768.21, Florida 18 Statutes, is amended to read: 19 768.21Damages.All potential beneficiaries of a recovery 20 for wrongful death, including the decedents estate, shall be 21 identified in the complaint, and their relationships to the 22 decedent shall be alleged. Damages may be awarded as follows: 23 (8)The damages specified in subsection (3) shall not be 24 recoverable by adult children and the damages specified in 25 subsection (4) shall not be recoverable by parents of an adult 26 child with respect to claims for medical negligence as defined 27 by s. 766.106(1). 28 Section 2.Subsection (9) of section 400.023, Florida 29 Statutes, is amended, and paragraph (b) of subsection (1) of 30 that section is republished, to read: 31 400.023Civil enforcement. 32 (1)An exclusive cause of action for negligence or a 33 violation of residents rights as specified under this part 34 which alleges direct or vicarious liability for the personal 35 injury or death of a nursing home resident arising from such 36 negligence or violation of rights and which seeks damages for 37 such injury or death may be brought only against the licensee, 38 the licensees management or consulting company, the licensees 39 managing employees, and any direct caregivers, whether employees 40 or contractors. A passive investor is not liable under this 41 section. An action against any other individual or entity may be 42 brought only pursuant to subsection (3). 43 (b)If the action alleges a claim for the residents rights 44 or for negligence that caused the death of the resident, the 45 claimant shall, after the verdict, but before the judgment is 46 entered, elect survival damages pursuant to s. 46.021 or 47 wrongful death damages pursuant to s. 768.21. If the action 48 alleges a claim for the residents rights or for negligence that 49 did not cause the death of the resident, the personal 50 representative of the estate may recover damages for the 51 negligence that caused injury to the resident. 52 (9)An action under this part for a violation of rights or 53 negligence recognized herein is not a claim for medical 54 malpractice, and s. 768.21(8) does not apply to a claim alleging 55 death of the resident. 56 Section 3.Section 400.0235, Florida Statutes, is amended 57 to read: 58 400.0235Certain provisions not applicable to actions under 59 this part.An action under this part for a violation of rights 60 or negligence recognized under this part is not a claim for 61 medical malpractice, and the provisions of s. 768.21(8) do not 62 apply to a claim alleging death of the resident. 63 Section 4.Section 429.295, Florida Statutes, is amended to 64 read: 65 429.295Certain provisions not applicable to actions under 66 this part.An action under this part for a violation of rights 67 or negligence recognized herein is not a claim for medical 68 malpractice, and the provisions of s. 768.21(8) do not apply to 69 a claim alleging death of the resident. 70 Section 5.For the purpose of incorporating the amendment 71 made by this act to section 768.21, Florida Statutes, in a 72 reference thereto, subsection (11) of section 95.11, Florida 73 Statutes, is reenacted to read: 74 95.11Limitations other than for the recovery of real 75 property.Actions other than for recovery of real property shall 76 be commenced as follows: 77 (11)FOR INTENTIONAL TORTS RESULTING IN DEATH FROM ACTS 78 DESCRIBED IN S. 782.04 OR S. 782.07.Notwithstanding paragraph 79 (5)(e), an action for wrongful death seeking damages authorized 80 under s. 768.21 brought against a natural person for an 81 intentional tort resulting in death from acts described in s. 82 782.04 or s. 782.07 may be commenced at any time. This 83 subsection shall not be construed to require an arrest, the 84 filing of formal criminal charges, or a conviction for a 85 violation of s. 782.04 or s. 782.07 as a condition for filing a 86 civil action. 87 Section 6.For the purpose of incorporating the amendment 88 made by this act to section 768.21, Florida Statutes, in a 89 reference thereto, subsection (1) of section 429.29, Florida 90 Statutes, is reenacted to read: 91 429.29Civil actions to enforce rights. 92 (1)Any person or resident whose rights as specified in 93 this part are violated shall have a cause of action. The action 94 may be brought by the resident or his or her guardian, or by a 95 person or organization acting on behalf of a resident with the 96 consent of the resident or his or her guardian, or by the 97 personal representative of the estate of a deceased resident 98 regardless of the cause of death. If the action alleges a claim 99 for the residents rights or for negligence that caused the 100 death of the resident, the claimant shall be required to elect 101 either survival damages pursuant to s. 46.021 or wrongful death 102 damages pursuant to s. 768.21. If the action alleges a claim for 103 the residents rights or for negligence that did not cause the 104 death of the resident, the personal representative of the estate 105 may recover damages for the negligence that caused injury to the 106 resident. The action may be brought in any court of competent 107 jurisdiction to enforce such rights and to recover actual 108 damages, and punitive damages for violation of the rights of a 109 resident or negligence. Any resident who prevails in seeking 110 injunctive relief or a claim for an administrative remedy is 111 entitled to recover the costs of the action and a reasonable 112 attorneys fee assessed against the defendant not to exceed 113 $25,000. Fees shall be awarded solely for the injunctive or 114 administrative relief and not for any claim or action for 115 damages whether such claim or action is brought together with a 116 request for an injunction or administrative relief or as a 117 separate action, except as provided under s. 768.79 or the 118 Florida Rules of Civil Procedure. Sections 429.29-429.298 119 provide the exclusive remedy for a cause of action for recovery 120 of damages for the personal injury or death of a resident 121 arising out of negligence or a violation of rights specified in 122 s. 429.28. This section does not preclude theories of recovery 123 not arising out of negligence or s. 429.28 which are available 124 to a resident or to the agency. The provisions of chapter 766 do 125 not apply to any cause of action brought under ss. 429.29 126 429.298. 127 Section 7.This act shall take effect July 1, 2025.