Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 1284
       
       
       
       
       
       
                                Ì207224}Î207224                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2025           .                                
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       The Committee on Judiciary (Grall) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 47 - 63
    4  and insert:
    5         (6) “Unborn child” means a member of the species Homo
    6  sapiens, at any stage of development, who is carried in the
    7  womb.
    8         Section 2. Section 768.19, Florida Statutes, is amended to
    9  read:
   10         768.19 Right of action.—
   11         (1) When the death of a person is caused by the wrongful
   12  act, negligence, default, or breach of contract or warranty of
   13  any person, including those occurring on navigable waters, and
   14  the event would have entitled the person injured to maintain an
   15  action and recover damages if death had not ensued, the person
   16  or watercraft that would have been liable in damages if death
   17  had not ensued shall be liable for damages as specified in this
   18  act notwithstanding the death of the person injured, although
   19  death was caused under circumstances constituting a felony.
   20         (2) This act does not authorize a wrongful death action
   21  against:
   22         (a) The mother of an unborn child for the death of the
   23  unborn child.
   24         (b) A health care provider for the death of an unborn child
   25  which results from lawful medical care provided in compliance
   26  with the applicable standard of care.
   27  
   28  ================= T I T L E  A M E N D M E N T ================
   29  And the title is amended as follows:
   30         Delete lines 7 - 9
   31  and insert:
   32         amending s. 768.19, F.S.; providing that the Wrongful
   33         Death Act does not authorize a wrongful death action
   34         against the mother of an unborn child for the death of
   35         the child; providing that the act does not authorize a
   36         wrongful death action against a health care provider
   37         for the death of an unborn child which results from
   38         medical care complying with the applicable standard of
   39         care; amending s. 768.21, F.S.; authorizing