SB 1284 — Civil Liability for the Wrongful Death of an Unborn Child

Florida Senate - 2025 CS for SB 1284 By Senator Grall 29-00714A-25 20251284__ A bill to be entitled An act relating to civil liability for the wrongfulCommittee deathon ofJudiciary; an unborn child;

and Senator Grall 590-03176-25 20251284c1 A bill to be entitled An act relating to civil liability for the wrongful death of an unborn child;

providingdefining a definition for the term “unborn child”;

prohibitingproviding that the Wrongful Death Act does not authorize a rightwrongful ofdeath action against the mother of an unborn child for the wrongful death of anthe unborn 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;

“Net business or salary income” is the part of the decedent’s probable gross income after taxes, excluding income from investments continuing beyond death, that remains after deducting the decedent’s personal expenses and support of survivors, excluding Page 1 of 4 CODING:

Florida Senate - 2025 CS for SB 1284 29-00714A-25590-03176-25 20251284__20251284c1 salary income” is the part of the decedent’s probable gross income after taxes, excluding income from investments continuing beyond death, that remains after deducting the decedent’s personal expenses and support of survivors, excluding contributions in kind.

(6) “Unborn child” hasmeans a member of the samespecies meaningHomo assapiens, at any stage of development, who is carried in s.the womb.

775.021(5)(e).

768.19 Right of action.— (1) When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this Page 2 of 4 CODING:

Florida Senate - 2025 CS for SB 1284 29-00714A-25590-03176-25 20251284__20251284c1 any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.

(2) NotwithstandingThis anyact otherdoes provisionnot ofauthorize this act, a wrongful death action foragainst: the death of an unborn child may not be brought against the mother of the unborn child.

(a) The mother of an unborn child for the death of the unborn child.

(b) A health care provider for the death of an unborn child which results from lawful medical care provided in compliance with the applicable standard of care.

Loss of the prospectivePage net3 accumulations of an4 estate,CODING: which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for SB 1284 590-03176-25 20251284c1 prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered:

PageEvidence 3of remarriage of 4the CODING:decedent’s spouse is admissible.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 SB 1284 29-00714A-25 20251284__ Evidence of remarriage of the decedent’s spouse is admissible.