Following the Jan. 16 passage of House Bill 289, which expands Florida’s Wrongful Death Act to allow civil liability for the “wrongful death” of an unborn child, debate over women’s health and legal standing resurfaced on the House floor this week as lawmakers considered — but did not adopt — a series of proposed amendments.
The expanded bill authorizes parents of an unborn child to recover damages following what the statute defines as a “wrongful death” at any time of the pregnancy, aligning with the longstanding and contentious GOP position that life begins at conception.
One proposed amendment sought to alter the bill’s language to require the “consent of the mother” before any lawsuit could be filed. Supporters argued the change was necessary “to close loopholes.”
State Rep. Michele Rayner, who represents House District 62, said failing to include the amendment “opens the door for bad actors.” Rayner, who called the bill “asinine” and “insane,” added that under its current language, a lawsuit could be filed even if the mother objected.
Rayner offered a blunt hypothetical to illustrate her concern: If a pregnant woman slips and falls outside a Publix, she said, an ex-partner could sue the store over the pregnancy without her consent. “How can you sue,” she asked, “without a birth date or a death date?”
State Rep. Berny Jacques, who represents House District 59, directly objected to Rayner, arguing that it could “unilaterally stop litigation for somebody who does have standing to bring a case forward,” potentially blocking legitimate claims.
Note: last year, similar legislation passed the Florida House floor but failed at the Senate level.
Out of nine amendments filed regarding HB 289 since Jan. 13 — including two from Rayner — none were adopted into the bill, including a proposal that would have barred lawsuits filed by individuals who had abused the mother.
This article will be updated when the official results of the amendment are announced.