Florida legislation · 2026 Regular Session
Florida S1700: Recovery of Damages for Medical Negligence Resulting in Death
Status: Failed, March 13, 2026
Deleting a provision that precludes certain persons from recovering damages for medical negligence resulting in death, etc.
What the bill says
An act relating to recovery of damages for medical negligence resulting in death; amending s. 768.21, F.S.; deleting a provision that precludes certain persons from recovering damages for medical negligence resulting in death; amending ss. 400.023, 400.0235, and 429.295, F.S.; conforming provisions to changes made by the act; providing an effective date.
From the introduced text, January 9, 2026:
A bill to be entitled An act relating to recovery of damages for medical negligence resulting in death; amending s. 768.21, F.S.; deleting a provision that precludes certain persons from recovering damages for medical negligence resulting in death; amending ss. 400.023, 400.0235, and 429.295, F.S.; conforming provisions to changes made by the act; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1.âSubsection (8) of section 768.21, Florida Statutes, is amended, and subsections (3) and (4) of that section are republished, to read: 768.21âDamages.âAll potential beneficiaries of a recovery for wrongful death, including the decedentâs estate, shall be identified in the complaint, and their relationships to the decedent shall be alleged. Damages may be awarded as follows: (3)âMinor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. For the purposes of this subsection, if both spouses die within 30 days of one another as a result of the same wrongful act or series of acts arising out of the same incident, each spouse is considered to have been predeceased by the other. (4)âEach parent of a deceased minor child may also recover for mental pain …
Sponsors
- Grall, Erin (R, SD-029) · primary sponsor
- Rouson, Darryl (D, SD-016)
- Pizzo, Jason (I, SD-037)
- Mayfield, Debbie (R, SD-019)
- Osgood, Rosalind (D, SD-032)
- Smith, David (R, HD-038)
- Smith, Carlos (D, SD-017)
- Bernard, Mack (D, SD-024)
- Rodriguez, Ana (R, SD-040)
- Davis, Tracie (D, SD-005)
- Davis (D)
Latest actions
- : Died in Judiciary
- : Introduced
- : Referred to Judiciary; Appropriations Committee on Health and Human Services; Rules
- : Filed
Subjects: Appropriations Committee on Health and Human Services, Rules, Judiciary
Common questions
- What is S1700?
- S1700 is a bill in the Florida Legislature (2026 Regular Session): Recovery of Damages for Medical Negligence Resulting in Death.
- What does S1700 do?
- In its own words: An act relating to recovery of damages for medical negligence resulting in death; amending s. 768.21, F.S.; deleting a provision that precludes certain persons from recovering damages for medical negligence resulting in death; amending ss. 400.023, 400.0235, and 429.295, F.S.; conforming provisions to changes made by the act; providing an effective date.
- What is the status of S1700?
- Failed as of March 13, 2026. Latest action: Died in Judiciary (March 13, 2026).
- Who sponsored S1700?
- Grall, Erin (R, SD-029), with 10 co-sponsors.
- Where is the official record for S1700?
- On the Florida Legislature website: https://www.flsenate.gov/Session/Bill/2026/1700
Source: official Florida record. Tracked by Delilah, AI for legislation across all 50 states and Congress.