by Jackie Llanos, Florida Phoenix
April 1, 2025

Republican senators raised concerns over a bill that would permit parents to claim damages in the wrongful death of a fetus at any stage of development in the womb, with Ormond Beach Republican Sen. Tom Leek voting with Democrats against the proposal Tuesday.

Vero Beach Republican Sen. Erin Grall’s proposal (SB 1284) could let parents claim damages for the mental pain and loss of support from the fetus, which the sponsor explained means parents could be awarded for the loss of future wages that the fetus could have earned over its life.

Although the bill passed its first hearing, its future could be in peril after former Senate President Kathleen Passidomo, who chairs the powerful Rules Committee, which it must go through before reaching the Senate floor, took issue with the bill’s definition of unborn child. She questioned Grall about whether someone could file a wrongful death suit for a fetus at one week of gestation.

“To put dollar figures on something and the damages being so speculative is different than a criminal prosecution,” Passidomo said. “I’m having trouble wrapping my arms around this whole issue.”

Passidomo’s doubts are not new. The Naples Republican also expressed skepticism over Grall’s bill last year before Grall withdrew it.

During Tuesday’s Senate Judiciary Committee meeting, Democrats also bashed the bill, with Lori Berman, of Boynton Beach, calling the idea of a jury debating the potential salary of a fetus crazy, and Tina Polsky, of Boca Raton, calling it nonsensical.

“This person could be a waiter. This person could be the next Elon Musk. There is just absolutely no way to know, and it doesn’t make any sense whatsoever to try to calculate economic damages,” Polsky said.

Still, Grall defended treating a fetus the same as a day-old baby, questioning the other senators about what age would be appropriate to determine if the child would grow up to be wealthy.

How would the bill interact with Florida’s abortion landscape?

“So, at what age do we get to start to ascribe real damages to a person? At two?” Grall said. “Maybe we know how they’re doing; they’ve taken an IQ test.”

Passidomo also worried about OBGYNs leaving the state if they’re susceptible to more lawsuits.

“We’re losing OBGYNs. Who’s gonna wanna come to Florida?”

Unlike the proposal last year, SB 1284 doesn’t authorize wrongful death suits against a health care provider acting lawfully. But what lawful medical care means is too vague for Polsky, who said doctors are already hesitant to provide medically necessary abortions following the enactment of the law banning most abortions after six weeks’ gestation.

Florida’s six-week ban, which Grall sponsored, includes exceptions to save the life of the mother, fatal fetal abnormalities, and in cases of rape, incest, and human trafficking. However, doctors have spoken about the difficulties of assessing whether a case meets the exceptions, given that they can lose their medical licenses and face jail time if they provide an abortion outside the legal boundaries.

Additionally, Leek called out an amendment Grall made, switching language in the bill protecting pregnant people. He worried that the language didn’t go far enough to protect women from estranged partners. The original text stated that wrongful death action “may not be brought against the mother of the unborn child.” The bill now states that it doesn’t authorize such suits.

“My concern is more about this bill being weaponized against women who lose a child outside of abortion,” Leek said.

The House Judiciary committee is scheduled to hear the bill (HB 1517) on Wednesday in its last stop before the floor.

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