Bill No. CS/CS/HB 661
Amendment No. 075879
Senate House

1Representative Gaetz offered the following:
3     Amendment
4     Remove lines 48-59 and insert:
5     (3)  The action may be brought by the resident or his or
6her guardian, by a person or organization acting on behalf of a
7resident with the consent of the resident or his or her
8guardian, or by the personal representative of the estate of a
9deceased resident regardless of the cause of death. If the
10action alleges a claim for the resident's rights or for
11negligence that caused the death of the resident, the claimant
12shall be required to elect either survival damages pursuant to
13s. 46.021 or wrongful death damages pursuant to s. 768.21. In
14any claim for wrongful death brought under this section,
15noneconomic damages may not exceed $300,000 per resident,
16regardless of the number of claimants or defendants.

CODING: Words stricken are deletions; words underlined are additions.