'Unborn child' legislation stalls in Florida Senate, may be doomed this session

TALLAHASSEE – An effort to allow lawsuits stemming from the wrongful death of an "unborn child," widely opposed by abortion rights advocates, was pulled Monday by its Florida Senate sponsor, signaling the proposal may be doomed for this legislative session. 

Sen. Erin Grall, R-Vero Beach, postponed action on the measure (SB 476) in the final scheduled hearing of the Rules Committee. Although a similar bill (HB 651) is ready to be heard by the full House, the Senate move darkens any prospect for the legislation in the session’s closing two weeks. 

“Although I have worked diligently to respond to questions and concerns, I understand there is still work that needs to be done,” Grall said. “It is important we get the policy right with an issue of this significance.” 

Grall had already prepared an amendment intended to quell concerns that the approach could be used against doctors who provide legal abortions. But abortion rights supporters continued to maintain that the bill opens the door to lawsuits which could be weaponized against both women and health care providers. 

Grall later told reporters at the Capitol that "even if the House bill came over, I’m not sure we would be in the right spot," adding "there are two weeks of session left, and I don’t have a crystal ball."

Florida law already allows for lawsuits seeking pain and suffering awards involving the loss of a pregnancy in a car accident or other wrongdoing. With Grall’s measure, advocates saw another goal. 

“What this bill does, that current law doesn’t do, is subject health care providers to harassing litigation by domestic abusers, rapists and anyone else who impregnates someone else from the moment of conception,” said Kara Gross, legislative director and senior policy counsel at the American Civil Liberties Union of Florida. 

Grall reworks 'unborn child' measure'Unborn child' bill may be reworked to blunt criticism from abortion rights advocates

The National Organization for Women in Florida sent an email Monday concluding that the Senate delay amounted to victory.  “This is the power of advocacy. Great work everyone,” wrote Kat Duesterhaus, Florida NOW’s legislative director. 

Grall and the House sponsor of the legislation, Rep. Jenna Persons-Mulicka, R-Fort Myers, were behind legislation the last two sessions that first banned most abortions after 15-weeks of pregnancy and then reduced that standard to 6-weeks, if the initial prohibition is upheld by the Florida Supreme Court. 

Justices heard arguments on the 15-week law in September, but still haven’t issued a ruling. 

But the restrictions imposed by Florida’s Republican-controlled Legislature and enacted by Gov. Ron DeSantis spurred a constitutional amendment campaign to guarantee abortion rights up to the point of fetal viability. 

The fate of the ballot amendment also is before Florida justices. 

John Kennedy is a reporter in the USA TODAY Network’s Florida Capital Bureau. He can be reached at jkennedy2@gannett.com, or on Twitter at @JKennedyReport