Florida Senate - 2020                                    SB 1562
       By Senator Stewart
       13-00042-20                                           20201562__
    1                        A bill to be entitled                      
    2         An act relating to state contracting; creating s.
    3         287.1351, F.S.; providing definitions; prohibiting an
    4         agency from entering into or renewing a contract for
    5         goods or services with a company that is domiciled in
    6         a state or territory that enacts legislation
    7         establishing restrictions on abortion in violation of
    8         United States Supreme Court precedent; specifying
    9         conditions upon which legislation is deemed to be in
   10         violation of Supreme Court precedent; requiring
   11         contracts entered into or renewed on or after a
   12         specified date to authorize immediate termination of
   13         the contract if certain conditions exist; requiring
   14         the Department of Management Services, in consultation
   15         with the Department of Legal Affairs, to annually
   16         prepare a list of affected states and territories;
   17         providing for distribution of such list to agencies;
   18         providing for applicability and construction;
   19         providing an effective date.
   21  Be It Enacted by the Legislature of the State of Florida:
   23         Section 1. Section 287.1351, Florida Statutes, is created
   24  to read:
   25         287.1351 Prohibition against contracting with companies
   26  domiciled in states with certain abortion restrictions.—
   27         (1) As used in this section, the term:
   28         (a) “Agency” means any department, entity, or office of the
   29  executive, judicial, or legislative branches of state
   30  government.
   31         (b) “Company” means a sole proprietorship, an organization,
   32  an association, a corporation, a partnership, a joint venture, a
   33  limited partnership, a limited liability partnership, a limited
   34  liability company, or any other entity or business association,
   35  including all wholly owned subsidiaries, majority-owned
   36  subsidiaries, parent companies, or affiliates of such entities
   37  or business associations, which exists for the purpose of making
   38  profit.
   39         (2) An agency may not enter into or a renew a contract for
   40  goods or services with a company that is domiciled in a state or
   41  a territory of the United States that has enacted legislation
   42  that infringes on, in whole or in part, a woman’s constitutional
   43  right to choose to terminate a pregnancy as established by the
   44  United States Supreme Court in Roe v. Wade, 410 U.S. 113 (1973);
   45  Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833
   46  (1992); and their progeny. For purposes of this section,
   47  legislation is deemed to be in violation of United States
   48  Supreme Court precedent establishing a woman’s constitutional
   49  right to choose to terminate a pregnancy once a court has
   50  temporarily enjoined enforcement of the legislation on such
   51  constitutional grounds or has made a determination on the merits
   52  regarding the legislation’s constitutionality. The prohibition
   53  shall continue until the state or territory formally repeals by
   54  legislative action the portion of the law that has been enjoined
   55  or determined on the merits to be unconstitutional.
   56         (3) Any contract for goods or services with an agency which
   57  is entered into or renewed on or after July 1, 2020, must
   58  contain a provision that allows for the immediate termination of
   59  such contract if the state or territory where a company that is
   60  a party to the contract is domiciled has enacted legislation
   61  that infringes upon a woman’s constitutional right as provided
   62  in subsection (2).
   63         (4) By October 1 of each year, the department shall compile
   64  a list of any states or territories of the United States that
   65  enact legislation that infringes upon a woman’s constitutional
   66  right as provided in subsection (2). The Department of Legal
   67  Affairs shall assist the department in preparing the list.
   68  Following the list’s compilation, the department shall furnish
   69  the list to agencies.
   70         (5) This section applies to any contract that is entered
   71  into or renewed on or after July 1, 2020.
   72         (6) The issuance of any decision by the United States
   73  Supreme Court overruling the essential holding of Roe v. Wade,
   74  410 U.S. 113 (1973), or any other ruling which otherwise
   75  authorizes individual states to prohibit abortion, may not be
   76  construed to impair the continued operation of this section.
   77         Section 2. This act shall take effect July 1, 2020.