Florida Senate - 2020 SB 336 By Senator Stewart 13-00432-20 2020336__ 1 A bill to be entitled 2 An act relating to access to clinics; providing a 3 directive to the Division of Law Revision; creating s. 4 762.01, F.S.; providing a short title; creating s. 5 762.02, F.S.; defining terms; creating s. 762.03, 6 F.S.; defining the term “minor child or ward”; 7 prohibiting a person from committing certain acts 8 against reproductive health services clients, 9 providers, or assistants; prohibiting a person from 10 damaging certain properties; providing criminal 11 penalties; providing construction; creating s. 762.04, 12 F.S.; providing criminal penalties and fines for first 13 offenses and for second and subsequent offenses; 14 providing requirements for departures from the 15 sentences and fines; creating s. 762.05, F.S.; 16 providing civil remedies for those aggrieved by 17 specified violations against reproductive health 18 services clients, providers, or assistants or against 19 certain properties; authorizing the Attorney General, 20 a state attorney, or a city attorney to bring a civil 21 action for such violations; creating s. 762.06, F.S.; 22 requiring a court to take actions necessary to 23 safeguard the health, safety, or privacy of specified 24 persons under certain circumstances, including 25 granting restraining orders that may prohibit or 26 restrict the photographing of such persons; 27 authorizing the court to authorize specified persons 28 to use pseudonyms in a civil action; providing an 29 effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. The Division of Law Revision is directed to 34 create chapter 762, Florida Statutes, consisting of ss. 762.01 35 762.06, Florida Statutes, to be entitled “Protection of the 36 Exercise of Constitutional Rights.” 37 Section 2. Section 762.01, Florida Statutes, is created to 38 read: 39 762.01 Short title.—Sections 762.01-762.06 may be cited as 40 the “Clinic Protection Act.” 41 Section 3. Section 762.02, Florida Statutes, is created to 42 read: 43 762.02 Definitions.—As used in ss. 762.01-762.06, the term: 44 (1) “Crime of violence” means an offense that involves the 45 use or attempted or threatened use of physical force against the 46 person or property of another. 47 (2) “Interfere with” means to restrict a person’s freedom 48 of movement. 49 (3) “Intimidate” means to place a person in reasonable 50 apprehension of bodily harm to herself or himself or to another. 51 (4) “Nonviolent” means conduct that would not constitute a 52 crime of violence. 53 (5) “Physical obstruction” means rendering ingress to or 54 egress from a reproductive health services facility impassable 55 to another person, or rendering passage to or from a 56 reproductive health services facility unreasonably difficult or 57 hazardous to another person. 58 (6) “Reproductive health services” means reproductive 59 health services provided in a hospital, clinic, physician’s 60 office, or other facility and includes medical, surgical, 61 counseling, or referral services relating to the human 62 reproductive system, including services relating to pregnancy or 63 the termination of a pregnancy. 64 (7) “Reproductive health services client, provider, or 65 assistant” means a person or entity that is or was involved in: 66 (a) Obtaining or seeking to obtain any services in a 67 reproductive health services facility; 68 (b) Providing or seeking to provide any services in a 69 reproductive health services facility; 70 (c) Assisting or seeking to assist another person at that 71 other person’s request to obtain or provide any services in a 72 reproductive health services facility; or 73 (d) Owning or operating, or seeking to own or operate, a 74 reproductive health services facility. 75 (8) “Reproductive health services facility” means a 76 hospital, clinic, physician’s office, or other facility that 77 provides or seeks to provide reproductive health services and 78 includes the building or structure in which the facility is 79 located. 80 Section 4. Section 762.03, Florida Statutes, is created to 81 read: 82 762.03 Prohibited acts.— 83 (1) As used in this section, the term “minor child or ward” 84 means a person’s child or a legal guardian’s ward who is 16 85 years of age or younger. 86 (2) A person may not commit any of the following acts: 87 (a) Intentionally injuring, intimidating, or interfering 88 with, or attempting to injure, intimidate, or interfere with, a 89 person or an entity by force, threat of force, or physical 90 obstruction because that person or entity is a reproductive 91 health services client, provider, or assistant, or in order to 92 intimidate that person or entity from becoming or remaining a 93 reproductive health services client, provider, or assistant. 94 (b) Intentionally injuring, intimidating, or interfering 95 with, or attempting to injure, intimidate, or interfere with, a 96 person or an entity by nonviolent physical obstruction because 97 that person or entity is a reproductive health services client, 98 provider, or assistant, or in order to intimidate that person or 99 entity from becoming or remaining a reproductive health services 100 client, provider, or assistant. 101 (c) Intentionally damaging or destroying, or attempting to 102 damage or destroy, a facility or the property of a person or 103 entity because the facility, person, or entity is a reproductive 104 health services facility or reproductive health services client, 105 provider, or assistant. 106 (3) A person who violates this section is subject to the 107 penalties in s. 762.04. 108 (4) This section does not prohibit a parent or a legal 109 guardian from restricting a minor child or ward’s access to a 110 reproductive health services facility. 111 Section 5. Section 762.04, Florida Statutes, is created to 112 read: 113 762.04 Penalties.— 114 (1) A person who violates s. 762.03(2)(b) for the first 115 time commits a misdemeanor of the second degree, punishable by 116 imprisonment in a county jail for a period not exceeding 6 117 months and by a fine not exceeding $2,000. A second or 118 subsequent offense constitutes a misdemeanor of the second 119 degree, punishable by imprisonment in a county jail for a period 120 not exceeding 6 months and by a fine not exceeding $5,000. 121 (2) A person who violates s. 762.03(2)(a) or (c) for the 122 first time commits a misdemeanor of the first degree, punishable 123 by imprisonment in a county jail for a period not exceeding 1 124 year and by a fine not exceeding $25,000. A second or subsequent 125 offense constitutes a misdemeanor of the first degree, 126 punishable by imprisonment for a period in a county jail not 127 exceeding 1 year and by a fine not exceeding $50,000. 128 (3) Departures from the presumptive sentences and fines 129 established in this section shall be articulated in writing and 130 made when circumstances or factors reasonably justify the 131 aggravation or mitigation of the sentences and fines. 132 Section 6. Section 762.05, Florida Statutes, is created to 133 read: 134 762.05 Civil actions.— 135 (1) A person aggrieved by a violation of s. 762.03 may 136 bring a civil action to enjoin the violation, for compensatory 137 and punitive damages, and for the costs of the action and 138 reasonable fees for attorneys and expert witnesses, except that 139 only a reproductive health services client, provider, or 140 assistant may bring an action for a violation of s. 762.03(2). 141 With respect to compensatory damages, the plaintiff may elect, 142 at any time before the rendering of a final judgment, to 143 recover, in lieu of actual damages, an award of statutory 144 damages in the amount of $1,000 for each exclusively nonviolent 145 violation and $5,000 for each violation other than an 146 exclusively nonviolent violation. 147 (2) The Attorney General, a state attorney, or a city 148 attorney may bring a civil action to enjoin a violation of s. 149 762.03 for compensatory damages to persons aggrieved, as 150 described in subsection (1), and for the assessment of a civil 151 penalty against each respondent. The civil penalty may not 152 exceed $2,000 for an exclusively nonviolent first violation and 153 $15,000 for any other first violation, and may not exceed $5,000 154 for a subsequent exclusively nonviolent violation and $25,000 155 for any other subsequent violation. 156 Section 7. Section 762.06, Florida Statutes, is created to 157 read: 158 762.06 Safety and privacy.— 159 (1) A court in which a criminal or civil proceeding is 160 filed for a violation of s. 762.03(2) shall take all action 161 reasonably required, including granting restraining orders, to 162 safeguard the health, safety, or privacy of: 163 (a) A reproductive health services client, provider, or 164 assistant who is a party or witness in the proceeding; and 165 (b) A person who is a victim of, or is at risk of becoming 166 a victim of, an act prohibited under s. 762.03(2). 167 (2) A restraining order issued pursuant to this section may 168 include provisions prohibiting or restricting the photographing 169 of a person described in subsection (1) if reasonably required 170 to safeguard the person’s health, safety, or privacy. 171 (3) A court may authorize a person described in subsection 172 (1) to use a pseudonym in a civil action described in s. 762.05 173 if reasonably required to safeguard the person’s health, safety, 174 or privacy. 175 Section 8. This act shall take effect July 1, 2020.