HB 289 — Civil Liability for the Wrongful Death of an Unborn Child
Last action — Died in Rules
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill has passed the House. Introduced October 31, 2025. It now moves to the second chamber.
Next likely step: consideration and a floor vote in the Senate.
Odds of enactment
Moderate chanceBased on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Passed House
Current position in the legislative process.
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12 sponsors
1 primary, 11 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (9 R · 1 D) — cross-party backing.
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Cleared a recorded vote
Passed 3 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Civil Liability for the Wrongful Death of an Unborn Child; Revises definition of term "survivors" to include parents of unborn child; provides definition for term "unborn child"; prohibits right of action against mother for wrongful death of unborn child or against health care provider for lawful medical care provided in certain circumstances; authorizes parents of unborn child to recover certain damages; prohibits recovery of certain damages if decedent is unborn child.
Bill Text
What changed in the latest version
43 added · 41 removed43 line(s) added, 41 removed.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 289 2026 A bill to be entitled An act relating to civil liability for the wrongful death of an unborn child;
prohibiting a right of action against the mother for the wrongful death of an unborn child or against a health care provider for legallawful medical care provided in certain circumstances;
hb289-00hb289-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 289 2026 pension benefits, that the decedent probably would have retained as savings and left as part of her or his estate if the decedent had lived her or his normal life expectancy.
hb289-00hb289-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 289 2026 775.021(5)(e).
(2) Notwithstanding any other provision of this act, a wrongful death action for the death of an unborn child may not be brought against the mother of the unborn childchild, or against a health care provider,provider as defined in s.
766.202, for legallawful medical care provided in compliance with the applicable standard of care, including, but not limited to, care related to assisted reproductive technologies,technologies as defined in s.
768.21 Damages.—All potential beneficiaries of a recovery for wrongful death, including the decedent's estate, shall be identified in the complaint, and their relationships to the Page 3 of 4 CODING:
hb289-00hb289-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 289 2026 identified in the complaint, and their relationships to the decedent shall be alleged.
hb289-00hb289-01-c1
View plain text versions (2)
- H 289 c1 View text Current pdf
- Introduced H 289 Filed pdf
Action History
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Died in Rules
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Received
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Referred to Rules
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In Messages
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CS passed; YEAS 76, NAYS 34
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Read 3rd time
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Added to Third Reading Calendar
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Amendment 562551 Failed
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Amendment 591157 Failed
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Amendment 301915 Failed
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Amendment 308391 Failed
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Amendment 443711 Failed
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Amendment 800927 Failed
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Amendment 557409 Failed
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Amendment 601709 Failed
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Amendment 711845 Failed
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Read 2nd time
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1st Reading (Committee Substitute 1)
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1st Reading (Original Filed Version)
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Bill added to Special Order Calendar (1/15/2026)
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Bill released to House Calendar
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Reported out of Judiciary Committee
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Favorable by Judiciary Committee
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Added to Judiciary Committee agenda
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Now in Judiciary Committee
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Referred to Judiciary Committee
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CS Filed
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Laid on Table under Rule 7.18(a)
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Reported out of Civil Justice & Claims Subcommittee
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Favorable with CS by Civil Justice & Claims Subcommittee
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PCS added to Civil Justice & Claims Subcommittee agenda
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Now in Civil Justice & Claims Subcommittee
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Referred to Judiciary Committee
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Referred to Civil Justice & Claims Subcommittee
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Filed
Sponsors
- Civil Justice & Claims Subcommittee · Primary
- Kincart Jonsson · Cosponsor
- Douglas Michael "Doug" Bankson · Cosponsor
- Webster Barnaby · Cosponsor
- Yvette Benarroch · Cosponsor
- Tobin Rogers "Toby" Overdorf · Cosponsor
- Jenna Persons-Mulicka · Cosponsor
- Rachel Saunders Plakon · Cosponsor
- Susan L. Valdés · Cosponsor
- Danny Nix Jr. · Cosponsor
- Sam Greco · Cosponsor
- Felicia Simone Robinson · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 11 co-sponsors · 152 not signed on · 31 voted No
Sponsors (1)
- Civil Justice & Claims Subcommittee
Co-sponsors (11)
- Kincart Jonsson
- Bankson, Douglas Michael "Doug" Republican
- Barnaby, Webster Republican
- Benarroch, Yvette Republican
- Overdorf, Tobin Rogers "Toby" Republican
- Persons-Mulicka, Jenna Republican
- Plakon, Rachel Saunders Republican
- Valdés, Susan L. Republican
- Nix Jr., Danny Republican
- Greco, Sam Republican
- Robinson, Felicia Simone Democrat Voted No
Not signed on (152)
152 members have not signed on to this bill.
Show all 152 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 74 | 1 | 0 | 5 |
| Democrat | 0 | 31 | 0 | 2 |
| Unaffiliated | 2 | 2 | 0 | 0 |
| Total | 76 | 34 | 0 | 7 |
| % of votes cast | 65% | 29% | 0% | 6% |
How each member voted (117)
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- What does HB 289 do?
- Civil Liability for the Wrongful Death of an Unborn Child; Revises definition of term "survivors" to include parents of unborn child; provides definition for term "unborn child"; prohibits right of action against mother for wrongful death of unborn child or against health care provider for lawful medical care provided in certain circumstances; authorizes parents of unborn child to recover certain damages; prohibits recovery of certain damages if decedent is unborn child.
- Who sponsors HB 289?
- HB 289 is sponsored by Civil Justice & Claims Subcommittee, Kincart Jonsson, Bankson, Douglas Michael "Doug" (Republican), Barnaby, Webster (Republican), Benarroch, Yvette (Republican), Overdorf, Tobin Rogers "Toby" (Republican), Persons-Mulicka, Jenna (Republican), Plakon, Rachel Saunders (Republican), Valdés, Susan L. (Republican), Nix Jr., Danny (Republican), Greco, Sam (Republican), and Robinson, Felicia Simone (Democrat).
- What is the current status of HB 289?
- This bill has passed the House. Introduced October 31, 2025. It now moves to the second chamber.
- Where can I track HB 289?
- Track HB 289 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 2 months ago · updated continuously
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