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FL H1517

FL H1517
Civil Liability for the Wrongful Death of an Unborn Child


summary

Introduced
02/28/2025
In Committee
04/10/2025
Crossed Over
04/10/2025
Passed
Dead
06/16/2025

Introduced Session

Potential new amendment
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; providing a definition for the term "unborn child"; amending s. 768.19, F.S.; prohibiting a right of action against the mother for the wrongful death of an unborn child or against a medical provider for lawful medical care provided in certain circumstances; amending s. 768.21, F.S.; authorizing parents of an unborn child to recover certain damages; prohibiting the recovery of certain damages if the decedent is an unborn child; conforming a cross-reference; providing an effective date.

AI Summary

This bill amends Florida's wrongful death statutes 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 who is carried in the womb, and adds parents of an unborn child to the list of "survivors" who can potentially bring a wrongful death claim. The bill prohibits wrongful death actions against a mother or medical providers for lawful medical care provided in compliance with the standard of care, including assisted reproductive technologies. Parents of an unborn child would be allowed to recover damages for mental pain and suffering, and the bill clarifies that certain estate recovery rules apply differently for unborn children compared to other decedents. By expanding the legal definition and rights surrounding unborn children, the bill provides new avenues for legal recourse in cases of wrongful death while also protecting mothers and medical providers from certain types of liability. The changes will take effect on July 1, 2025, giving time for legal professionals and medical providers to understand and prepare for the new statutory language.

Committee Categories

Justice

Sponsors (12)

Other Sponsors (1)

Civil Justice & Claims Subcommittee (House)

Last Action

Died in Rules (on 06/16/2025)

bill text


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