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January 20, 2026HB 289, sponsored by Representative Sam Greco (St. Augustine), was passed by the full House on Thursday, January 15, on a vote of 76-34. This pro-life measure would allow parents of an unborn child to recover civil damages for the wrongful death of the child, which could occur, for example, during a car accident, due to an incident of medical malpractice, or by other careless, neglectful actions of another. Parents could recover medical and funeral expenses as well as payment for mental pain and suffering, similar to the loss of any born family member.
The measure prohibits wrongful death actions against the mother of the unborn child or medical providers offering lawful care, including reproductive technologies provided with the consent of the mother.
Florida already allows someone to be criminally charged for the death of a fetus in vehicular homicides, DUI manslaughters, or by injury to the mother. If passed, the legislation would align Florida with most states in providing a civil right of action.
Companion measure, SB 164, sponsored by Senator Erin Grall (Vero Beach), was passed by the Senate Judiciary Committee in November and has two additional committees of reference.
Thank you to our FLCAN subscribers who sent a message to their representative to urge passage!