| 1 | Representative Gaetz offered the following: |
| 2 |
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| 3 | Amendment |
| 4 | Remove lines 48-59 and insert: |
| 5 | (3) The action may be brought by the resident or his or |
| 6 | her guardian, by a person or organization acting on behalf of a |
| 7 | resident with the consent of the resident or his or her |
| 8 | guardian, or by the personal representative of the estate of a |
| 9 | deceased resident regardless of the cause of death. If the |
| 10 | action alleges a claim for the resident's rights or for |
| 11 | negligence that caused the death of the resident, the claimant |
| 12 | shall be required to elect either survival damages pursuant to |
| 13 | s. 46.021 or wrongful death damages pursuant to s. 768.21. In |
| 14 | any claim for wrongful death brought under this section, |
| 15 | noneconomic damages may not exceed $300,000 per resident, |
| 16 | regardless of the number of claimants or defendants. |