Florida, like most states, has many laws that protect unborn children as “persons,” who are thereby afforded legal protections.

Criminal Statutes

1. “Whoever commits ... a criminal offense ... and thereby causes the death of, or bodily injury to, an unborn child commits a separate offense ... ” (Fla. Stat. §775.021(5)).

2. “Vehicular homicide” is “the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner... ” (Fla. Stat. §782.071).

3. “The unlawful killing of an unborn child, by any injury to the mother of such child which would be murder if it resulted in the death of such mother, shall be deemed murder in the same degree as that which would have been committed against the mother” (Fla. Stat. §782.09(1)).

4. “The unlawful killing of an unborn child by any injury to the mother of such child which would be manslaughter if it resulted in the death of such mother shall be deemed manslaughter. A person who unlawfully kills an unborn child by any injury to the mother which would be manslaughter if it resulted in the mother's death commits manslaughter, a felony of the second degree” (Fla. Stat. §782.09(2)).

5. “The death of the mother resulting from the same act or criminal episode that caused the death of the unborn child does not bar prosecution under this section” (Fla. Stat. §782.09(3)).

6. “The clear and unambiguous language of the feticide statute provides that the killing of an unborn quick child may constitute murder.” Wyche v. State, 232 So.3d 1117, 1120 (Fla. 1st DCA 2017).

7. “Driving Under the Influence Manslaughter does not require the State to prove that the defendant knew or should have known that (victim) was pregnant or that the defendant intended to cause the death of the unborn child.” In Re: Standard Jury Instructions in Criminal Cases—Report No. 2016-08, 211 So.3d 995, 998 (Fla. 2017).

B. Florida Trust and Estate Law also protects the unborn.

1. “Unless otherwise represented, [an] unborn individual ... may be represented by and bound by another person having a substantially identical interest with respect to the particular question or dispute ... ” (Fla. Stat. §736.0304).

2. “If the court determines that representation of the interest would otherwise be inadequate, the court may, at any time, appoint a guardian ad litem to represent the interests of an incapacitated person, an unborn or unascertained person ... ” (Fla. Stat. §731.303(4)).

C. Florida Guardianship Law also specifically protects unborn children (Fla. Stat. §744.3725).

D. Florida Habeus Corpus and Incarceration Law protects the health and welfare of unborn children whose mothers are incarcerated, requiring jails and prisons to provide health and care to the unborn child (Fla. Stat. Ann. §951.175(4)).

E. Florida Tort Law also protects the unborn, requiring auto insurers to pay damages, including wrongful death damages, to the unborn.

Planned Parenthood simply cannot get around these Florida laws that have already determined an unborn child to be a person. And because Florida law already recognizes the personhood of a child, Planned Parenthood’s ballot initiative would ROB the unborn of their right to LIFE.

It was this precise question that concerned Chief Justice Muñiz. Had Liberty Counsel not been present to present oral argument, this critical question would have gone unanswered.

The Court will release its decision before April 1. Liberty Counsel is filing similar measures in other states around the country. Please continue to be in prayer for these landmark cases. The lives of the unborn and their mothers hang in the balance.

“With him is an arm of flesh, but with us is the LORD our God, to help us and to fight our battles” (2 Chronicles 32:8).