This bill amends Florida's Wrongful Death Act to include specific provisions regarding the wrongful death of unborn children. It revises the definition of "survivors" to explicitly include the parents of an unborn child and introduces a new definition for "unborn child" as a member of the species Homo sapiens at any stage of development carried in the womb. Additionally, the bill clarifies that wrongful death actions cannot be brought against the mother of an unborn child or against health care providers for the death of an unborn child resulting from lawful medical care that adheres to the applicable standard of care.

Furthermore, the bill allows parents of an unborn child to recover damages for mental pain and suffering from the date of injury, similar to provisions already in place for deceased minor children. The amendments also conform cross-references within the statute and establish an effective date of July 1, 2025, for the new provisions. Overall, the bill aims to provide legal recognition and recourse for parents in cases of wrongful death involving unborn children while limiting liability for mothers and healthcare providers.

Statutes affected:
S 1284 Filed: 768.19
S 1284 c1: 768.19