Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1974
Barcode 743242
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Judiciary (Posey) recommended the following
12 amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. The Legislature finds that current law
19 inadequately addresses rights of action related to prenatal
20 deaths resulting from negligent acts in other than medical or
21 criminal situations.
22 Section 2. Section 768.38, Florida Statutes, is
23 created to read:
24 768.38 Right of action for prenatal death caused by
25 negligence of another.--
26 (1) In any lawsuit filed in this state under current
27 law, where medical negligence as defined in s. 766.106(1) is
28 not at issue and without expanding or restricting current law
29 with regard to medical negligence, when it is alleged that a
30 pregnancy was wrongfully ended by the negligence of another
31 person or entity, the trier of fact may consider the following
1
8:14 AM 04/20/05 s1974d-ju24-t9u
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1974
Barcode 743242
1 evidence in evaluating a claim for damages for the mental pain
2 and suffering of the parents:
3 (a) Characteristics of the unborn fetus, including,
4 but not limited to, the sex and the name chosen before the
5 pregnancy was negligently terminated; and
6 (b) The circumstances surrounding the loss of the
7 pregnancy.
8 (2) The fetus may be referred to as a son or daughter,
9 as a child, or by its chosen name.
10 Section 3. This act shall take effect upon becoming a
11 law and applies to all actions in which the stillbirth occurs
12 after the effective date of the act.
13
14
15 ================ T I T L E A M E N D M E N T ===============
16 And the title is amended as follows:
17 Delete everything before the enacting clause
18
19 and insert:
20 A bill to be entitled
21 An act relating to a cause of action for
22 prenatal death caused by negligence; creating
23 s. 768.38, F.S.; providing for the
24 admissibility of certain evidence in evaluating
25 a claim for damages for the mental pain and
26 suffering of the parents in an action alleging
27 that a pregnancy was wrongfully ended by the
28 negligence of another; providing findings and
29 intent; providing an effective date.
30
31
2
8:14 AM 04/20/05 s1974d-ju24-t9u