Update: Florida Governor Rick Scott Signs Sovereign Immunity "Wrongful Death" Bill, HB 277 Into Law on June 2, 2011
Left: Republican State Representative Tom Goodson sponsored HB 277, which was presented to Florida Governor Rick Scott today, May 25. If enacted, the bill would make numerous changes to Florida's Wrongful Death Statute.
HB 277 relating to Sovereign Immunity, now awaits action by Florida Governor Rick Scott after being presented to him today, May 25, 2011. The Governor has 15 days to sign or veto the bill, or allow it to become law without his signature.
The legislation, also known as the "wrongful death" bill, changes the statute of limitations in a wrongful death action brought against the State of Florida or one of its agencies or subdivisions from four years to two years.
Current law requires that a claimant bringing a tort action against the state or one of its agencies or subdivisions present the claim in writing to the Department of Financial Services within three years after the claim accrues. If enacted, HB 277 will require the claimant to present the claim in writing to the Florida Department of Financial Services within two years after claim accrues if the claim is for wrongful death.
The bill provides that, if the Department of Financial Services does not act on the claim within 90 days, the claim is deemed denied. It also tolls the statute of limitations during the time the Department of Financial Services is considering medical malpractice claims and wrongful death claims.
HB 277 is effective July 1, 2011, applying to causes of action accruing on or after that date.
- The statute of limitations is the time period after which no legal case can be brought relating to an injury or wrong. Current law provides that the statute of limitations for a wrongful death action against the state or one of its political subdivisions is four years; but, the statute of limitations for a wrongful death action brought against a person is two years.
About Florida's current "Wrongful Death" statute:
Sections 768.16-768.26, F.S. comprise the “Florida Wrongful Death Act," which provides that when a death is caused by negligence, wrongful act, default or breach of contract, the person responsible is liable for damages.
The action may be brought by the decedent’s personal representative and recovery is for the benefit of the decedent’s estate and survivors.
Damages recoverable under the Wrongful Death Act include:
- The person who paid medical and funeral expenses may recover those expenses;
- Each survivor may recover the value of lost support and services;
- Each survivor may recover the value of future support and services;
- A spouse may recover for lost companionship and protection and for mental pain and suffering;
- Minor children, and all children if there is no surviving spouse, may recover for lost companionship, instruction, and guidance and for mental pain and suffering;
- Each parent of a deceased minor child may recover for mental pain and suffering;
- Each parent of a deceased adult child may recover for mental pain and suffering if there are no other survivors; and
- The decedent’s estate may recover lost earnings.
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