Florida legislation · 2026 Regular Session
Florida H289: Civil Liability for the Wrongful Death of an Unborn Child
Status: Failed, March 13, 2026
Revises definition of term "survivors" to include parents of unborn child; provides definition for term "unborn child"; prohibits right of action against mother for wrongful death of unborn child or against health care provider for lawful medical care provided in certain circumstances; authorizes parents of unborn child to recover certain damages; prohibits recovery of certain damages if decedent is unborn child.
What the bill says
An act relating to civil liability for the wrongful death of an unborn child; reordering and amending s. 768.18, F.S.; revising the definition of the term "survivors" to include the parents of an unborn child; providing a definition for the term "unborn child"; amending s. 768.19, F.S.; prohibiting a right of action against the mother for the wrongful death of an unborn child or against a health care provider for lawful medical care provided in certain circumstances; amending s. 768.21, F.S.; authorizing parents of an unborn child to recover certain damages…
From the introduced text, November 18, 2025:
A bill to be entitled An act relating to civil liability for the wrongful death of an unborn child; reordering and amending s. 768.18, F.S.; revising the definition of the term "survivors" to include the parents of an unborn child; providing a definition for the term "unborn child"; amending s. 768.19, F.S.; prohibiting a right of action against the mother for the wrongful death of an unborn child or against a health care provider for lawful medical care provided in certain circumstances; amending s. 768.21, F.S.; authorizing parents of an unborn child to recover certain damages; prohibiting the recovery of certain damages if the decedent is an unborn child; conforming a cross-reference; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 768.18, Florida Statutes, is reordered and amended to read: 768.18 Definitions.--As used in ss. 768.16-768.26: (1)(2) "Minor children" means children under 25 years of age, notwithstanding the age of majority. (2)(5) "Net accumulations" means the part of the decedent's expected net business or salary income, including words underlined are additions. hb289-01-c1 FLORIDAHOUSEOFREPRESENTATIVES CS/HB 289 2026 pension benefits, that the decedent probably would have retained as savings and left as part of her or his estate if the decedent had lived her or his normal life expectancy. "Net business or salary …
Sponsors
- Greco, Sam (R, HD-019) · primary sponsor
- Bankson (R, 39)
- Bankson, Doug (R, HD-039)
- Webster Barnaby (R, HD-027)
- Barnaby, Webster (R, HD-029)
- Benarroch, Yvette (R, HD-081)
- Kincart Jonsson, Jennifer (R, HD-049)
- Nix, Danny (R, HD-075)
- Overdorf, Toby (R, HD-085)
- Jenna Persons-Mulicka (R, 78)
- Plakon (R, 36)
- Plakon, Rachel (R, HD-036)
Latest actions
- : Died in Rules
- : Received
- : Referred to Rules
- : In Messages
- : CS passed; YEAS 76, NAYS 34
- : Read 3rd time
- : Added to Third Reading Calendar
- : Amendment 562551 Failed
- : Amendment 591157 Failed
- : Amendment 301915 Failed
Votes
- House: H 289 c1 - Amendment 591157 (January 15, 2026): 33 yea, 78 nay, failed
- House: H 289 c1 (January 15, 2026): 76 yea, 34 nay, passed
- House: Judiciary Committee (December 2, 2025): 14 yea, 6 nay, passed
- House: Judiciary Committee (December 2, 2025): 14 yea, 6 nay, passed
- House: Civil Justice & Claims Subcommittee (November 18, 2025): 13 yea, 3 nay, passed
- House: Civil Justice & Claims Subcommittee (November 18, 2025): 13 yea, 3 nay, passed
Subjects: Rules
Common questions
- What is H289?
- H289 is a bill in the Florida Legislature (2026 Regular Session): Civil Liability for the Wrongful Death of an Unborn Child.
- What does H289 do?
- In its own words: An act relating to civil liability for the wrongful death of an unborn child; reordering and amending s. 768.18, F.S.; revising the definition of the term "survivors" to include the parents of an unborn child; providing a definition for the term "unborn child"; amending s. 768.19, F.S.; prohibiting a right of action against the mother for the wrongful death of an unborn child or against a health care provider for lawful medical care provided in certain circumstances; amending s. 768.21, F.S.; authorizing parents of an unborn child to recover certain damages…
- What is the status of H289?
- Failed as of March 13, 2026. Latest action: Died in Rules (March 13, 2026).
- Who sponsored H289?
- Greco, Sam (R, HD-019), with 11 co-sponsors.
- Where is the official record for H289?
- On the Florida Legislature website: https://www.flsenate.gov/Session/Bill/2026/289
Source: official Florida record. Tracked by Delilah, AI for legislation across all 50 states and Congress.