Florida’s Wrongful Death Act has held that someone whose action causes the death of an unborn child is not civilly liable to the surviving parents for damages. HB 651 sponsored by Representative Jenna Persons-Mulicka (R-Fort Myers) would expand Florida’s Wrongful Death Act to allow parents of an unborn child to recover civil damages for such unborn child’s death in the same way that other survivors may generally receive compensation from individuals or entities party to a suit. The text of the House bill explicitly prohibits rights of action against a mother for the wrongful death of her own unborn child.
FCCB has indicated support for HB 651, which has cleared its first committee of reference. Companion bill SB 476 (Grall) is on the Senate Judiciary Committee agenda for 2:30 p.m on Monday, February 5.