Florida abortion rights supporters fear new proposal would target doctors

TALLAHASSEE, Florida — Florida abortion rights supporters are worried a new proposal that would allow parents to file wrongful death lawsuits in cases involving unborn children is an attempt to target doctors who perform the procedure.

The legislation, HB 651, would change the state’s civil liability law to add the parents of an unborn child to the list of potential survivors associated with a wrongful death lawsuit. It’s brought by state Rep. Jenna Persons-Mulicka, a Republican from Fort Myers who previously sponsored Florida’s 15-week and six-week bans on abortion.

“This bill … is a thinly veiled attempt to allow men to sue women and doctors in cases of wanted and needed abortion care,” said Lauren Book, the Democratic leader of the Florida Senate. “It’s dangerous, wrong, and yet another instance of state overreach to control women and take away their rights and freedoms.”

Florida Republicans have introduced a similar bill in the Senate and that legislation is being sponsored by state Sen. Erin Grall, the GOP lawmaker who also introduced the Senate's bills restricting abortion.

State Rep. Kristen Arrington, a Democrat from Kissimmee, also said she’s worried the bill would target those who perform abortions.

“I’m more worried about the health care providers and the folks that help mothers,” Arrington said.

Persons-Mulicka said the bill is not meant to target abortions and is only intended to help grieving parents hold wrongdoers accountable.

“It is about the value of a life of a child to its parents — a child that is wanted, that may have been prayed for for many years,” Persons-Mulicka said during a legislative hearing this week. “And the ability of the parent to go to the court to seek redress from the wrongdoer whose action led to the loss of that life.”

But Democratic Rep. Ashley Gantt of Miami filed an amendment to the bill that sought protections for abortion providers that was rejected along party lines.

“While the bill sponsor said it isn’t about abortion, I hope to work with you to make that very clear,” Gantt said.

Abortion rights continues to play a major role in electoral politics in Florida and beyond in the two years since the Supreme Court overturned Roe v. Wade. Although the GOP-controlled Legislature approved two abortion restrictions in recent years, abortion rights groups are hopeful that a ballot initiative protecting the right to procedure up to about 24 weeks will be on the ballot this November.

The referendum has already gathered the required number of signatures to be placed on the ballot but is being challenged by Florida Attorney General Ashley Moody.