HB 0839

CS

CHAMBER ACTION

1	The Judiciary Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the admissibility of evidence in an
7	action alleging that a pregnancy was wrongfully ended by
8	another's negligence; creating s. 768.38, F.S.; providing
9	for the admissibility of certain evidence in evaluating a
10	claim for damages for the mental pain and suffering of the
11	parents in an action alleging that a pregnancy was
12	wrongfully ended by the negligence of another; providing
13	intent; providing an effective date.
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15	Be It Enacted by the Legislature of the State of Florida:
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17	Section 1.  Section 768.38, Florida Statutes, is created to
18	read:
19	768.38  Evidence in an action alleging pregnancy was ended
20	by another's negligence.--
21	(1)  In any lawsuit filed in this state under current law
22	in which it is alleged that a pregnancy was wrongfully ended by
23	the negligence of another person or entity, the trier of fact
24	may consider the following evidence in evaluating a claim for
25	damages for the mental pain and suffering of the mother and
26	father:
27	(a)  Characteristics of the unborn fetus, including, but
28	not limited to, the sex and the name chosen before the pregnancy
29	was negligently terminated.
30	(b)  The circumstances surrounding the loss of the
31	pregnancy.
32	(2)  The fetus may be referred to as a son or daughter, a
33	child, or by its chosen name.
34	(3)  Nothing contained in this section creates a new cause
35	of action not otherwise recognized by current law.
36	(4)  The intent of this section is to codify existing law
37	and, therefore, it shall neither expand nor restrict the law as
38	it exists on the effective date of this act.
39	Section 2.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.