summary
Introduced
10/31/2025
10/31/2025
In Committee
01/16/2026
01/16/2026
Crossed Over
01/15/2026
01/15/2026
Passed
Dead
Introduced Session
Potential new amendment
2026 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 health care 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 modifies Florida's wrongful death statutes to expand legal protections and rights for parents of unborn children in civil liability cases. Specifically, the bill adds "parents of an unborn child" to the definition of "survivors" who can pursue legal action, and defines "unborn child" by referencing an existing statutory definition. The bill prohibits wrongful death actions against a mother or healthcare provider for lawful medical care, including reproductive technologies, provided with the mother's consent. Parents of an unborn child are now authorized to recover damages for mental pain and suffering, and the bill clarifies that for an unborn child, certain estate recovery limitations apply. The modifications aim to provide legal recourse for parents in cases of wrongful death involving an unborn child while protecting healthcare providers and mothers from potential litigation for standard medical care. The bill is set to take effect on July 1, 2026, giving time for legal and medical professionals to understand and implement the new provisions.
Committee Categories
Justice
Sponsors (11)
Sam Greco (R)*,
Doug Bankson (R),
Webster Barnaby (R),
Yvette Benarroch (R),
Jennifer Kincart Jonsson (R),
Danny Nix (R),
Toby Overdorf (R),
Jenna Persons-Mulicka (R),
Rachel Plakon (R),
Will Robinson (R),
Susan L. Valdés (R),
Other Sponsors (1)
Civil Justice & Claims Subcommittee (House)
Last Action
Received (on 01/22/2026)
Official Document
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
Loading...