Florida bill on civil liability for the wrongful death of unborn child postponed

TALLAHASSEE, Fla. – A bill that would expand the state’s “Wrongful Death Act” to allow parents of an unborn child to recover certain damages has been “temporarily postponed,” according to a statement from Sen. Erin Grall, R-Fort Pierce, who carried the bill.

The bill, SB 476, was scheduled for its last committee stop in the Senate Rules committee Monday but was not taken up.

It previously passed through the Senate Judiciary Committee 7-2 and the Senate Fiscal Policy Committee 10-6. Rep. Jenna Persons-Mulicka, R-Fort Myers, is carrying a similar bill in the House.

“It is my understanding this is the first time this issue has been considered by the Florida Legislature. Although I have worked diligently to respond to questions and concerns, I understand there is still work that needs to be done,” Grall said.

Grall noted that it is “important we get the policy right with an issue of this significance.”

During a press conference ahead of the Senate Rules committee meeting Monday afternoon, Sen. Lauren Book, D-Davie, called the bill a “backdoor attempt at personhood.” She said the amended bill “doesn’t go far enough.”

Book said she is “grateful” their concerns were heard in response to the statement.

Under the bill, the parents of the unborn child “will not be limited to the damages available under the common law cause of action for negligent stillbirth,” according to the bill’s analysis.

The term “unborn child” is defined as “a member of the species Homo sapiens, at any stage of development, who is carried in the womb,” according to the bill’s analysis.

This includes any damages for “the parents’ mental pain and suffering related to the death and their future mental pain and suffering based on the life expectancy of the parents and the child.”

The bill’s analysis said the mother of an unborn child would not be liable in a wrongful death.