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. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 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.