Florida HB 289: School Absence Due to Sickness or Injury

Bill Text

CS/HB 289 2026

CODING: Words stricken are deletions; words underlined are additions.
hb289-01-c1
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A bill to be entitled 1
An act relating to civil liability for the wrongful 2
death of an unborn child; reordering and amending s. 3
768.18, F.S.; revising the definition of the term 4
"survivors" to include the parents of an unborn child; 5
providing a definition for the term "unborn child"; 6
amending s. 768.19, F.S.; prohibiting a right of 7
action against the mother for the wrongful death of an 8
unborn child or against a health care provider for 9
lawful medical care provided in certain circumstances; 10
amending s. 768.21, F.S.; authorizing parents of an 11
unborn child to recover certain damages; prohibiting 12
the recovery of certain damages if the decedent is an 13
unborn child; conforming a cross-reference; providing 14
an effective date. 15
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Be It Enacted by the Legislature of the State of Florida: 17
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Section 1. Section 768.18, Florida Statutes, is reordered 19
and amended to read: 20
768.18 Definitions.—As used in ss. 768.16-768.26: 21
(1)(2) "Minor children" means children under 25 years of 22
age, notwithstanding the age of majority. 23
(2)(5) "Net accumulations" means the part of the 24
decedent's expected net business or salary income, including 25

CS/HB 289 2026

CODING: Words stricken are deletions; words underlined are additions.
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pension benefits, that the decedent probably would have retained 26
as savings and left as part of her or his estate if the decedent 27
had lived her or his normal life expectancy. "Net business or 28
salary income" is the part of the decedent's probable gross 29
income after taxes, excluding income from investments continuing 30
beyond death, that remains after deducting the decedent's 31
personal expenses and support of survivors, excluding 32
contributions in kind. 33
(3)(4) "Services" means tasks, usually of a household 34
nature, regularly performed by the decedent that will be a 35
necessary expense to the survivors of the decedent. These 36
services may vary according to the identity of the decedent and 37
survivor and shall be determined under the particular facts of 38
each case. 39
(4)(3) "Support" includes contributions in kind as well as 40
money. 41
(5)(1) "Survivors" means the decedent's spouse, children, 42
parents, and, when partly or wholly dependent on the decedent 43
for support or services, any blood relatives and adoptive 44
brothers and sisters. It includes the child born out of wedlock 45
of a mother, but not the child born out of wedlock of the father 46
unless the father has recognized a responsibility for the 47
child's support. It also includes the parents of an unborn 48
child. 49
(6) "Unborn child" has the same meaning as in s. 50

CS/HB 289 2026

CODING: Words stricken are deletions; words underlined are additions.
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775.021(5)(e). 51
Section 2. Section 768.19, Florida Statutes, is amended to 52
read: 53
768.19 Right of action.— 54
(1) When the death of a person is caused by the wrongful 55
act, negligence, default, or breach of contract or warranty of 56
any person, including those occurring on navigable waters, and 57
the event would have entitled the person injured to maintain an 58
action and recover damages if death had not ensued, the person 59
or watercraft that would have been liable in damages if death 60
had not ensued shall be liable for damages as specified in this 61
act notwithstanding the death of the person injured, although 62
death was caused under circumstances constituting a felony. 63
(2) Notwithstanding any other provision of this act, a 64
wrongful death action for the death of an unborn child may not 65
be brought against the mother of the unborn child, or against a 66
health care provider as defined in s. 766.202, for lawful 67
medical care provided in compliance with the applicable standard 68
of care, including, but not limited to, care related to assisted 69
reproductive technologies as defined in s. 742.13, provided with 70
the consent of the mother. 71
Section 3. Subsection (4) and paragraph (a) of subsection 72
(6) of section 768.21, Florida Statutes, are amended to read: 73
768.21 Damages.—All potential beneficiaries of a recovery 74
for wrongful death, including the decedent's estate, shall be 75

CS/HB 289 2026

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identified in the complaint, and their relationships to the 76
decedent shall be alleged. Damages may be awarded as follows: 77
(4) Each parent of a deceased minor child or an unborn 78
child may also recover for mental pain and suffering from the 79
date of injury. Each parent of an adult child may also recov