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Bill > S1284


FL S1284

Civil Liability for the Wrongful Death of an Unborn Child


summary

Introduced
02/26/2025
In Committee
03/06/2025
Crossed Over
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

An act relating to civil liability for the wrongful death of an unborn child; reordering and amending s. 768.18, F.S.; revising the definition of the term “survivors” to include the parents of an unborn child; defining the term “unborn child”; amending s. 768.19, F.S.; providing that the Wrongful Death Act does not authorize a wrongful death action against the mother of an unborn child for the death of the child; providing that the act does not authorize a wrongful death action against a health care provider for the death of an unborn child which results from medical care complying with the applicable standard of care; amending s. 768.21, F.S.; authorizing parents of an unborn child to recover certain damages; conforming a cross-reference; providing an effective date.

AI Summary

This bill modifies Florida's Wrongful Death Act to expand legal protections and definitions related to unborn children. Specifically, the bill defines an "unborn child" as a member of the human species at any stage of development while in the womb, and adds parents of an unborn child to the list of "survivors" who can potentially seek damages in a wrongful death lawsuit. The bill explicitly prohibits wrongful death actions against the mother of an unborn child and against healthcare providers who provide medical care in compliance with the applicable standard of care. The legislation allows parents of an unborn child to recover certain damages, including compensation for mental pain and suffering, and makes technical amendments to existing statutes to accommodate these changes. This bill appears to be part of a broader legal framework addressing civil liability in cases involving the death of an unborn child, providing clearer guidelines for when and how such legal claims can be pursued while also establishing specific protections for mothers and healthcare providers.

Committee Categories

Budget and Finance

Sponsors (2)

Other Sponsors (1)

Judiciary (S)

Last Action

Indefinitely postponed and withdrawn from consideration (on 05/03/2025)

bill text


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