THE BILL ITSELF
SB 164
Civil Liability for the Wrongful Death of an Unborn Child
Florida Senate - 2026 SB 164 By Senator Grall 29-00131-26 2026164__
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A bill to be entitled
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An act relating to civil liability for the wrongful
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death of an unborn child; reordering and amending s.
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768.18, F.S.; revising the definition of the term
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“survivors” to include the parents of an unborn child;
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defining the term “unborn child”; amending s. 768.19,
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F.S.; prohibiting a right of action against the mother
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for the wrongful death of an unborn child or against a
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medical provider for lawful medical care provided in
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certain circumstances; amending s. 768.21, F.S.;
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authorizing parents of an unborn child to recover
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certain damages; prohibiting the recovery of certain
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damages if the decedent is an unborn child; conforming
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a cross-reference; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 768.18, Florida Statutes, is reordered
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and amended to read:
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768.18 Definitions.—As used in ss. 768.16-768.26:
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(5) (1) “Survivors” means the decedent’s spouse, children,
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parents, and, when partly or wholly dependent on the decedent
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for support or services, any blood relatives and adoptive
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brothers and sisters. It includes the child born out of wedlock
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of a mother, but not the child born out of wedlock of the father
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unless the father has recognized a responsibility for the
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child’s support. It also includes the parents of an unborn
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child.
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(1) (2) “Minor children” means children under 25 years of
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age, notwithstanding the age of majority.
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(4) (3) “Support” includes contributions in kind as well as
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money.
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(3) (4) “Services” means tasks, usually of a household
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nature, regularly performed by the decedent that will be a
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necessary expense to the survivors of the decedent. These
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services may vary according to the identity of the decedent and
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survivor and shall be determined under the particular facts of
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each case.
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(2) (5) “Net accumulations” means the part of the decedent’s
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expected net business or salary income, including pension
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benefits, that the decedent probably would have retained as
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savings and left as part of her or his estate if the decedent
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had lived her or his normal life expectancy. “Net business or
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salary income” is the part of the decedent’s probable gross
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income after taxes, excluding income from investments continuing
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beyond death, that remains after deducting the decedent’s
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personal expenses and support of survivors, excluding
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contributions in kind.
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(6) “Unborn child” means a member of the species Homo
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sapiens, at any stage of development, who is carried in the
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womb.
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Section 2. Section 768.19, Florida Statutes, is amended to
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read:
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768.19 Right of action.—
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(1) When the death of a person is caused by the wrongful
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act, negligence, default, or breach of contract or warranty of
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any person, including those occurring on navigable waters, and
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the event would have entitled the person injured to maintain an
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action and recover damages if death had not ensued, the person
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or watercraft that would have been liable in damages if death
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had not ensued shall be liable for damages as specified in this
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act notwithstanding the death of the person injured, although
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death was caused under circumstances constituting a felony.
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(2) Notwithstanding any other provision of this act, a
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wrongful death action for the death of an unborn child may not
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be brought against the mother of the unborn child or against a
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medical provider for lawful medical care provided in compliance
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with the applicable standard of care, including, but not limited
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to, care related to assisted reproductive technologies as
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defined in s. 742.13, provided with the consent of the mother.
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Section 3. Subsection (4) and paragraph (a) of subsection
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(6) of section 768.21, Florida Statutes, are amended to read:
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768.21 Damages.—All potential beneficiaries of a recovery
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for wrongful death, including the decedent’s estate, shall be
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identified in the complaint, and their relationships to the
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decedent shall be alleged. Damages may be awarded as follows:
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(4) Each parent of a deceased minor child or an unborn
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child may also recover for mental pain and suffering from the
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date of injury. Each parent of an adult child may also recover
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for mental pain and suffering if there are no other survivors.
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(6) The decedent’s personal representative may recover for
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the decedent’s estate the following:
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(a) Loss of earnings of the deceased from the date of
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injury to the date of death, less lost support of survivors
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excluding contributions in kind, with interest. Loss of the
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prospective net accumulations of an estate, which might
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reasonably have been expected but for the wrongful death,
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reduced to present money value, may also be recovered:
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1. If the decedent’s survivors include a surviving spouse
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or lineal descendants; or
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2. If the decedent is not a minor child or an unborn child
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as those terms are defined in s. 768.18 s. 768.18(2) , there are
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no lost support and services recoverable under subsection (1),
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and there is a surviving parent.
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Evidence of remarriage of the decedent’s spouse is admissible.
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Section 4. This act shall take effect July 1, 2026.