Bill > S0164

This bill modifies Florida law regarding civil liability for the wrongful death of an unborn child by expanding legal definitions and establishing new parameters for potential lawsuits. The bill defines an "unborn child" as a member of the human species at any stage of development carried in the womb and adds parents of an unborn child to the list of potential survivors who can seek damages. The legislation prohibits wrongful death actions against a mother or medical providers for lawful medical care provided within the standard of care, including assisted reproductive technologies. Parents of an unborn child are now authorized to recover damages for mental pain and suffering, and the bill clarifies that damages related to lost earnings or prospective estate accumulations have specific limitations. Importantly, the bill prevents recovery of certain damages if the decedent is an unborn child, which represents a significant modification to existing wrongful death statutes. These changes aim to provide clearer legal guidance about civil liability in cases involving the death of an unborn child while also protecting mothers and medical providers from certain types of litigation. The bill is set to take effect on July 1, 2026, giving legal professionals and stakeholders time to prepare for these new provisions.