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Bill Summary · HB 289

Summary of HB 289: Civil Liability for the Wrongful Death of an Unborn Child

Bill Information:
- Bill Number: HB 289
- Title: Civil Liability for the Wrongful Death of an Unborn Child
- Status: PCS added to Civil Justice & Claims Subcommittee agenda
- Introduced: October 31, 2025
- Classification: Bill
- Subject: Torts

Purpose and Intent

HB 289 aims to amend existing Florida statutes regarding civil liability in cases of wrongful death to explicitly include provisions related to unborn children. The bill seeks to clarify the rights of parents in wrongful death cases involving unborn children while also establishing limitations on who can be held liable in such cases.

Key Provisions

  1. Definition Changes:

    • The bill revises the definition of "survivors" to include the parents of an unborn child.
    • Introduces a definition for "unborn child" consistent with existing Florida law.

  2. Right of Action:

    • Amends Section 768.19 to prohibit wrongful death actions against the mother of an unborn child or against healthcare providers for legal medical care provided with the mother's consent, including care related to assisted reproductive technologies.

  3. Damages Recovery:

    • Under Section 768.21, parents of an unborn child are authorized to recover damages for mental pain and suffering from the date of injury.
    • The bill specifies that certain damages cannot be recovered if the decedent is an unborn child, thereby limiting the scope of recoverable damages in these cases.

  4. Effective Date:

    • The provisions of this act are set to take effect on July 1, 2026.

Who Would Be Affected

  • Parents of Unborn Children: The bill provides legal recognition and the ability to seek damages for the wrongful death of an unborn child.
  • Healthcare Providers: The legislation limits liability for healthcare providers in cases involving the care of unborn children.
  • Legal Practitioners: Attorneys handling wrongful death cases will need to navigate the new definitions and limitations established by this bill.

Procedural Aspects

  • The bill was filed on October 31, 2025, and has undergone several legislative actions:
    • November 4, 2025: Referred to the Civil Justice & Claims Subcommittee and Judiciary Committee.
    • November 7, 2025: Added to the Civil Justice & Claims Subcommittee agenda.

Conclusion

HB 289 represents a significant shift in Florida's wrongful death statutes by explicitly addressing the rights of parents regarding unborn children. By defining the parameters of liability and the scope of recoverable damages, the bill aims to provide clarity in legal proceedings related to the wrongful death of unborn children while protecting certain parties from liability.

Compiled from official sources — confirm details with the bill’s official record.

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