H 6003

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  HB 6003  2026
1A bill to be entitled
2An act relating to recovery of damages for medical
3negligence resulting in death; amending s. 768.21,
4F.S.; deleting a provision that precluded certain
5persons from recovering damages for medical negligence
6resulting in death; amending ss. 400.023, 400.0235,
7and 429.295, F.S.; conforming provisions to changes
8made by the act; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12Section 1.       Subsection (8) of section 768.21, Florida
13Statutes, is amended, and subsections (3) and (4) of that
14section are republished, to read:
15768.21      Damages.—All potential beneficiaries of a recovery
16for wrongful death, including the decedent's estate, shall be
17identified in the complaint, and their relationships to the
18decedent shall be alleged. Damages may be awarded as follows:
19(3)     Minor children of the decedent, and all children of
20the decedent if there is no surviving spouse, may also recover
21for lost parental companionship, instruction, and guidance and
22for mental pain and suffering from the date of injury. For the
23purposes of this subsection, if both spouses die within 30 days
24of one another as a result of the same wrongful act or series of
25acts arising out of the same incident, each spouse is considered
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 HB 6003  2026
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).
36Section 2.       Subsection (9) of section 400.023, Florida
37    Statutes, is amended to read:
38400.023     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.
43Section 3.       Section 400.0235, Florida Statutes, is amended
44    to read:
45400.0235        Certain provisions not applicable to actions
46    under this part.—An action under this part for a violation of
47    rights or negligence recognized under this part is not a claim
48    for medical malpractice, and the provisions of s. 768.21(8) do
49    not apply to a claim alleging death of the resident.
50Section 4.       Section 429.295, Florida Statutes, is amended
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51    to read:
52429.295     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.
57Section 5.       This act shall take effect July 1, 2026.
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