TALLAHASSEE, Fla. — Florida lawmakers are considering legislation that would empower grieving parents to sue a person if their actions resulted in the wrongful death of an unborn child.

What You Need To Know

  • The proposal would allow grieving parents to pursue civil action in the event of their unborn child's death

  • Supporters say the proposal would make the grieving whole

  • But critics say its an attempt against abortion providers

  • Florida is one of six states limiting civil cases for unborn children after a wrongful death

The measure (HB 651) is among the more controversial in the 2024 Legislative Session, with some calling it a veiled attempt against abortion providers.

After a final committee vote on Wednesday, the bill awaits final consideration in the Florida House and Senate. Next after that, Gov. Ron DeSantis’ desk. 

“This bill is about giving parents the opportunity to seek recovery when a wrong has been committed that took away their child,” said Fort Myers Republican Rep. Jenna Persons-Mulicka, the bill sponsor.

The measure, if passed, would allow parents to recover damages, including funeral and medical expenses. 

Florida’s position on unborn children is rare. The state is one of six limiting civil cases for unborn children after a wrongful death, according to the staff analysis.

“If you commit a negligent act or a wrongful act, you should be liable,” said Bradenton Republican Rep. Will Robinson Jr. “We are protecting the most vulnerable and those that should be able to recover under those situations.”

Critics, however, describe the legislation as woefully vague and broad. Some Wednesday even suggested the bill’s alleged vagueness is intentional, leaving abortion providers susceptible to legal action.

“The most dangerous 60 days in the State of Florida is the legislative session for creating fear in the hearts and minds of the people in Florida,” said Gainesville Democratic State Rep. Yvonne Hinson. I’m so tired of it. If you really want to stop abortions, get a vasectomy.”

Mothers under the legislation are immune to prosecution. It’s a welcomed provision by critics, though many remain unsure of the bill’s impacts. The bill provides no protection to healthcare workers, among others.

“I think this bill is way too broad and has too many consequences outside of the expressed intent,” said Kissimmee Republican Rep. Paula Stark, who warned in the future she may vote down the bill if it’s not modified. 

The bill is an expansion of the state’s Wrongful Death Act, which outlines what benefits family members may pursue after a wrongful death. Surviving loved ones under the act may recover lost wages, benefits, and more.

“Unborn child,” under the bill, is defined as “a member of the species Homo sapiens, at any stage of development, who is carried in the womb.” 

If signed into law, the bill would take effect July 1.