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SB1700 • 2026

Recovery of Damages for Medical Negligence Resulting in Death

Recovery of Damages for Medical Negligence Resulting in Death

Children Healthcare
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Grall
Last action
2026-03-13
Official status
Senate - Died in Judiciary
Effective date
Not listed

Plain English Breakdown

The candidate explanation included a claim about updating other parts of the law, which was not supported by the official source material.

Recovery of Damages for Medical Negligence Resulting in Death

This bill removes a provision that prevents certain individuals from recovering damages when medical negligence leads to death.

What This Bill Does

  • Removes part of the law that stops adult children and parents from getting damages when medical mistakes cause someone's death.
  • Updates three sections in Florida Statutes (400.023, 400.0235, and 429.295) to ensure they do not use the removed provision.

Who It Names or Affects

  • Adult children who lost a parent due to medical mistakes
  • Parents whose adult child died because of medical errors

Terms To Know

Damages
Money that someone gets when they are hurt by another person's mistake.
Medical negligence
When a doctor or nurse makes a serious mistake while treating someone, and it causes harm.

Limits and Unknowns

  • The bill did not pass the final step in the legislature before March 13, 2026.
  • It is unclear if there will be further action on this bill after its current status.

Bill History

  1. 2026-03-13 Senate

    • Died in Judiciary

  2. 2026-01-22 Senate

    • Introduced

  3. 2026-01-16 Senate

    • Referred to Judiciary; Appropriations Committee on Health and Human Services; Rules

  4. 2026-01-09 Senate

    • Filed

Official Summary Text

Recovery of Damages for Medical Negligence Resulting in Death; Deleting a provision that precludes certain persons from recovering damages for medical negligence resulting in death, etc.

Current Bill Text

Read the full stored bill text 
Florida Senate
-
2026

SB 1700

By
Senator Grall

29-00806-26 20261700__
1 A bill to be entitled
2 An act relating to recovery of damages for medical
3 negligence resulting in death; amending s. 768.21,
4 F.S.; deleting a provision that precludes certain
5 persons from recovering damages for medical negligence
6 resulting in death; amending ss. 400.023, 400.0235,
7 and 429.295, F.S.; conforming provisions to changes
8 made by the act; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (8) of section 768.21, Florida
13 Statutes, is amended, and subsections (3) and (4) of that
14 section are republished, to read:
15 768.21 Damages.—All potential beneficiaries of a recovery
16 for wrongful death, including the decedent’s estate, shall be
17 identified in the complaint, and their relationships to the
18 decedent shall be alleged. Damages may be awarded as follows:
19 (3) Minor children of the decedent, and all children of the
20 decedent if there is no surviving spouse, may also recover for
21 lost parental companionship, instruction, and guidance and for
22 mental pain and suffering from the date of injury. For the
23 purposes of this subsection, if both spouses die within 30 days
24 of one another as a result of the same wrongful act or series of
25 acts arising out of the same incident, each spouse is considered
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).

36 Section 2. Subsection (9) of section 400.023, Florida
37 Statutes, is amended to read:
38 400.023 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
.
43 Section 3. Section 400.0235, Florida Statutes, is amended
44 to read:
45 400.0235 Certain provisions not applicable to actions under
46 this part.—An action under this part for a violation of rights
47 or negligence recognized under this part is not a claim for
48 medical malpractice
, and the provisions of s. 768.21(8) do not

49
apply to a claim alleging death of the resident
.
50 Section 4. Section 429.295, Florida Statutes, is amended to
51 read:
52 429.295 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
.
57 Section 5. This act shall take effect July 1, 2026.