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Florida House approves measure allowing wrongful‑death suits for unborn children after extended debate
Summary
The Florida House passed CS/HB 289 to let grieving families bring wrongful‑death claims for unborn children; the bill’s sponsor said it closes a gap in the law, while opponents warned it could spawn frivolous litigation and affect reproductive‑health providers. The House defeated multiple amendments and approved the bill 76–34.
The Florida House on Jan. 15 passed CS/HB 289, expanding the state’s wrongful‑death law to allow a personal representative to bring a wrongful‑death action for an unborn child.
Sponsor Representative Joe Greco introduced the measure as a way to give grieving parents access to the courts when an unborn child is lost because of another party’s negligence. Greco said the bill ‘‘allows grieving parents to recover in the tragic circumstances in which they wrongfully lose their unborn child’’ and stressed that the bill ‘‘cannot be used by an abuser against the mother’’ and will not subject a mother or a health care provider to suit when care is lawful.
Opponents argued the language is far broader than its stated intent. Representative Anna Eskamani warned that the bill ‘‘opens the door’’ to litigation that could be used to harass women, doctors, clinics and family members — citing examples from other states where similar laws led to lawsuits that targeted people who assisted patients seeking reproductive care. Representative Bartleman and others urged carve‑outs and procedural guardrails to prevent bad actors and to protect victims of sexual assault and human trafficking.
On the House floor members offered and debated a long series of amendments. Proposals that would have (among other things) explicitly carved out abortion care, required a mother’s consent before someone else could file a suit, or precluded an abuser from bringing a claim were each discussed and rejected by the chamber. Supporters said courts and probate procedures will gatekeep meritless claims, and that Florida’s current framework leaves a gap for parents who lose unborn children.
After structured debate the House adopted the committee substitute and approved the bill on final passage, 76 yeas to 34 nays. The clerk recorded the vote after the chamber’s electronic tally showed the result.
Next steps: CS/HB 289 will go to the Senate (and, if approved there, to the governor) for additional consideration.
