SB 1284 Florida Senate · 2025 Regular Session

Civil Liability for the Wrongful Death of an Unborn Child

Summary

Civil Liability for the Wrongful Death of an Unborn Child; Revising the definition of the term “survivors” to include the parents of an unborn child; defining the term “unborn child”; providing that the Wrongful Death Act does not authorize a wrongful death action against the mother of an unborn child for the death of the child; providing that the act does not authorize a wrongful death action against a health care provider for the death of an unborn child which results from medical care complying with the applicable standard of care; authorizing parents of an unborn child to recover certain damages, etc.

Bill status died 1 of 4 stages cleared

Introduction

Mar 2025

Committee Review

Floor Vote

Governor

Introduced Mar 10, 2025 Last action Jun 16, 2025

Maddy AI version diff · 1 comparison

What changed between versions

S 1284 Filed → S 1284 c1 · 6 edits

MODERATE

This bill expands wrongful death protections for unborn children by adding parents as eligible survivors who can recover damages for mental pain and suffering. It also clarifies that wrongful death actions cannot be brought against the mother of an unborn child or against healthcare providers when care was provided according to the standard of care.

Scope change

The bill expands the scope of wrongful death claims to include unborn children as victims, while simultaneously limiting liability against the mother and compliant healthcare providers.

ELIGIBILITY

Parents of unborn children are now included as eligible survivors who can file wrongful death claims and recover damages for mental pain and suffering.

DEFINITION

Added a specific definition for 'unborn child' as a member of the species Homo sapiens at any stage of development carried in the womb.

Reordered and renumbered definitions in section 768.18 to accommodate new provisions for unborn children and parents.

REQUIREMENT

Added protection prohibiting wrongful death lawsuits against the mother of an unborn child for the child's death.

Added protection prohibiting wrongful death lawsuits against healthcare providers when care was provided in compliance with the applicable standard of care.

TIMELINE

Effective date set for July 1, 2025.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Apr 10, 2025

Upper · Passed

Favorable by Appropriations Committee on Criminal and Civil Justice; YEAS 5 NAYS 3

upper

Apr 7, 2025

Upper · Passed

On Committee agenda-- Appropriations Committee on Criminal and Civil Justice, 04/10/25, 11:00 am, 37 Senate Building

upper

Apr 3, 2025

Upper · Passed

Now in Appropriations Committee on Criminal and Civil Justice

upper

Apr 3, 2025

Upper · Passed

Pending reference review under Rule 4.7(2) - (Committee Substitute)

upper

Mar 27, 2025

Upper · Passed

On Committee agenda-- Judiciary, 04/01/25, 4:00 pm, 110 Senate Building

upper

Mar 10, 2025

Introduced

upper

Mar 6, 2025

Committee

Referred to Judiciary; Appropriations Committee on Criminal and Civil Justice; Rules

upper

1 primary · 1 co-sponsor