Over the objections of disparate special interests, a House subcommittee on Tuesday voted 13-3 to pass legislation that would allow would-be parents to pursue wrongful death lawsuits for the loss of developing fetuses.
Legislative debates over reproductive rights generally attract lobbying interests from groups such as Planned Parenthood, the Florida Conference of Catholic Bishops, and the ACLU. But debate over HB 289, which would expand Florida’s Wrongful Death Act, has also drawn lobbying interest from groups that don’t usually get involved in the issue.
A review of lobbying records shows those following the bill include the Safety Net Hospital Alliance of Florida, which represents some of the largest hospitals across the state; The Doctors Company, a national physician-owned medical liability carrier; and the Florida Justice Reform Institute, a Florida Chamber of Commerce-supported organization fighting “wasteful civil litigation through legislation.”
Lobbyists for those organizations all waived their right to speak against the bill before the Civil Justice and Claims Subcommittee on Tuesday, merely registering opposition for the record.
READ MORE: Poll: Floridians oppose 6-Week abortion law, despite backing Trump in 2024
Indeed, most of the public debate on the bill came from Democrats on the subcommittee who pressed St. Augustine Republican and bill sponsor Rep. Sam Greco about unintended consequences women could face if the bill passes. St. Petersburg Democrat Rep. Michele Rayner, an attorney, voiced multiple concerns with the bill, not least that it could allow abusive ex-partners to sue over abortions or miscarriages.
Rep. Michele Rayner (Photo/Florida House of Representatives.) “This bill is couched as a measure for a fetus, but it’s actually another measure that shows up that the state of Florida does not value women, does not value rape victims, and just like what happened in a botched prosecution of the Epstein victims in human trafficking ring,” Rayner said.
She continued: “We always talk about bad actors. And to me, this bill, as a woman, as a Black woman, opens this wide up for rapists and abusers to be fully empowered. So, I will be voting no on this bill. “
Before voting to pass HB 289, members of the subcommittee tagged on an amendment to narrow language that protects the mother of the “unborn child” and health care providers, including assistance reproductive technology providers, from being sued.
The amendment tightened the exemption by requiring that the health care being delivered not only be lawful but also is “provided in compliance with the applicable standard of care.”
The amendment brings the House’s version of the bill closer in line with the Senate’s proposal, SB 164, offered by Fort Pierce Republican Sen. Erin Grall. That bill passed the Senate Senate Committee on Judiciary 5-4 and heads to the Appropriations Committee on Criminal and Civil Justice and Rules committees next.
HB 289, meanwhile, heads next to its second, and last, committee of reference, the Judiciary Committee.
While the bills aren’t identically drafted, they now are substantively the same.
The way it is and would be
Under existing law, damages for the death of an unborn child are not recoverable under the state’s Wrongful Death Act, which allows for recovery of medical or funeral bills and future pain and suffering. However, per a 1997 Florida Supreme Court ruling, damages may be recoverable for a “negligent stillbirth” under common law. Those damages are limited to mental pain and anguish and medical expenses incurred incident to the pregnancy.
Common law refers a body of law developed through judicial decisions and precedents, not by statute.
The legislation would allow parents to file wrongful death suits, which allows damages for mental pain and loss of support, meaning jurors could determine the salary the fetus could have earned over its life as part of the damages to which parents could be entitled.
Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: info@floridaphoenix.com.
