Florida Senate - 2021 SB 914 By Senator Stewart 13-00981-21 2021914__ 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 for first offenses 13 and for second and subsequent offenses; authorizing a 14 court to deviate from the required sentences and fines 15 under certain circumstances; 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 allow specified persons to 28 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 this chapter, 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 reproductive 56 health services facility unreasonably difficult or hazardous to 57 another person. 58 (6) “Reproductive health services” means health services 59 provided in a hospital, clinic, physician’s office, or other 60 facility and includes medical, surgical, counseling, or referral 61 services relating to the human reproductive system, including, 62 but not limited to, services relating to pregnancy or the 63 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 to do so with 92 the intent to prevent that person or entity from becoming or 93 remaining a reproductive health services client, provider, or 94 assistant. 95 (b) Intentionally injuring, intimidating, or interfering 96 with, or attempting to injure, intimidate, or interfere with, a 97 person or an entity by nonviolent physical obstruction because 98 that person or entity is a reproductive health services client, 99 provider, or assistant, or to do so with the intent to prevent 100 that person or entity from becoming or remaining a reproductive 101 health services client, provider, or assistant. 102 (c) Intentionally damaging or destroying, or attempting to 103 damage or destroy, a facility because it is a reproductive 104 health services facility or intentionally damaging or 105 destroying, or attempting to damage or destroy, the property of 106 a person or entity because the person or entity is a 107 reproductive health services client, provider, or assistant. 108 (3) A person who violates this section is subject to the 109 penalties in s. 762.04. 110 (4) This section does not prohibit a parent or a legal 111 guardian from restricting a minor child or ward’s access to a 112 reproductive health services facility. 113 Section 5. Section 762.04, Florida Statutes, is created to 114 read: 115 762.04 Penalties.— 116 (1) A person who violates s. 762.03(2)(b) for the first 117 time commits a misdemeanor of the second degree, punishable by 118 imprisonment in a county jail for a period not exceeding 6 119 months and by a fine not exceeding $2,000. A second or 120 subsequent offense constitutes a misdemeanor of the second 121 degree, punishable by imprisonment in a county jail for a period 122 not exceeding 6 months and by a fine not exceeding $5,000. 123 (2) A person who violates s. 762.03(2)(a) or (c) for the 124 first time commits a misdemeanor of the first degree, punishable 125 by imprisonment in a county jail for a period not exceeding 1 126 year and by a fine not exceeding $25,000. A second or subsequent 127 offense constitutes a misdemeanor of the first degree, 128 punishable by imprisonment for a period in a county jail not 129 exceeding 1 year and by a fine not exceeding $50,000. 130 (3) A court may deviate from the sentences and fines 131 established in this section when circumstances or factors in a 132 case reasonably justify the enhancement or mitigation of the 133 sentences and fines, provided the court states in writing the 134 reasons for its sentencing decision. 135 Section 6. Section 762.05, Florida Statutes, is created to 136 read: 137 762.05 Civil actions.— 138 (1) A person aggrieved by a violation of s. 762.03 may 139 bring a civil action to enjoin the violation, for compensatory 140 and punitive damages, and for the costs of the action and 141 reasonable fees for attorneys and expert witnesses, except that 142 only a reproductive health services client, provider, or 143 assistant may bring an action for a violation of s. 762.03(2). 144 With respect to compensatory damages, the plaintiff may elect, 145 at any time before the rendering of a final judgment, to 146 recover, in lieu of actual damages, an award of statutory 147 damages in the amount of $1,000 for each exclusively nonviolent 148 violation and $5,000 for each violation other than an 149 exclusively nonviolent violation. 150 (2) The Attorney General, a state attorney, or a city 151 attorney may bring a civil action to enjoin a violation of s. 152 762.03 for compensatory damages to persons aggrieved, as 153 described in subsection (1), and for the assessment of a civil 154 penalty against each respondent. The civil penalty may not 155 exceed $2,000 for an exclusively nonviolent first violation and 156 $15,000 for any other first violation, and may not exceed $5,000 157 for a subsequent exclusively nonviolent violation and $25,000 158 for any other subsequent violation. 159 Section 7. Section 762.06, Florida Statutes, is created to 160 read: 161 762.06 Safety and privacy.— 162 (1) A court in which a criminal or civil proceeding is 163 filed for a violation of s. 762.03(2) shall take all action 164 reasonably necessary, including granting restraining orders, to 165 safeguard the health, safety, or privacy of: 166 (a) A reproductive health services client, provider, or 167 assistant who is a party or witness in the proceeding; and 168 (b) A person who is a victim of, or is at risk of becoming 169 a victim of, an act prohibited under s. 762.03(2). 170 (2) A restraining order issued pursuant to this section may 171 include provisions prohibiting or restricting the photographing 172 of a person described in subsection (1) if reasonably necessary 173 to safeguard the person’s health, safety, or privacy. 174 (3) A court may authorize a person described in subsection 175 (1) to use a pseudonym in a civil action described in s. 762.05 176 if reasonably required to safeguard the person’s health, safety, 177 or privacy. 178 Section 8. This act shall take effect July 1, 2021.