Florida Senate - 2023                                    SB 1076
       By Senator Berman
       26-00055A-23                                          20231076__
    1                        A bill to be entitled                      
    2         An act relating to reproductive health care rights;
    3         creating s. 381.00515, F.S.; providing a short title;
    4         providing a legislative finding; providing that each
    5         person has certain fundamental rights related to
    6         reproductive health care; prohibiting a person, the
    7         state, a local governmental entity, or any political
    8         subdivision of the state from discriminating against,
    9         denying, unduly burdening, or interfering with a
   10         person’s exercise of such fundamental rights;
   11         providing for a civil cause of action and remedies;
   12         providing that the recovery limits of sovereign
   13         immunity apply; amending s. 390.011, F.S.; deleting
   14         the definition of the term “fatal fetal abnormality”;
   15         amending s. 390.0111, F.S.; revising the timeframe in
   16         which a termination of pregnancy is allowed; deleting
   17         an exception; providing an effective date.
   19         WHEREAS, comprehensive reproductive health care, including
   20  contraception and abortion, is a fundamental component of a
   21  woman’s health, privacy, and equality, and
   22         WHEREAS, section 23, Article I of the State Constitution
   23  protects a woman’s fundamental right to access a safe, legal
   24  abortion, and the courts have reaffirmed this right and further
   25  emphasized that the state may not place undue burdens on women
   26  seeking to access such right, and
   27         WHEREAS, as with other medical procedures, the safety of
   28  abortion is furthered by evidence-based practices developed and
   29  supported by medical professionals, with abortion being one of
   30  the safest medical procedures performed in the United States,
   31  and
   32         WHEREAS, the goal of health care regulation should be to
   33  improve the quality and availability of health care services,
   34  and
   35         WHEREAS, it is the public policy of this state that every
   36  person possesses the fundamental rights of privacy and equality
   37  with respect to his or her personal reproductive decisions and
   38  he or she should be able to safely effectuate those decisions,
   39  including seeking and obtaining abortion care, free from
   40  discrimination, and
   41         WHEREAS, it is the intent of the Legislature to prevent the
   42  enforcement of laws or regulations that are not in furtherance
   43  of a legitimate state interest in protecting a woman’s health
   44  and that place burdens on the woman’s right to access a safe,
   45  legal abortion, NOW, THEREFORE,
   47  Be It Enacted by the Legislature of the State of Florida:
   49         Section 1. Section 381.00515, Florida Statutes, is created
   50  to read:
   51         381.00515Reproductive health care protections; civil
   52  remedies.—
   53         (1)This section may be cited as the “Reproductive Health
   54  Care Protections Act.”
   55         (2)The Legislature finds that comprehensive reproductive
   56  health care is a fundamental component of every person’s health,
   57  privacy, and equality.
   58         (3)Each person has the fundamental rights to choose or
   59  refuse contraception or sterilization and to choose to carry a
   60  pregnancy to term, to give birth to a child, or to have an
   61  abortion in accordance with chapter 390.
   62         (4)A person, the state, a local governmental entity, or
   63  any political subdivision of the state may not discriminate
   64  against, deny, unduly burden, or interfere with any person’s
   65  exercise of the fundamental rights provided under this section
   66  or the State Constitution in the regulation or provision of
   67  benefits, facilities, services, or information.
   68         (5)A person whose rights have been impaired or deprived in
   69  violation of this section may file an action in circuit court
   70  for injunctive or other equitable relief and is entitled to
   71  recover damages and reasonable attorney fees and costs. The
   72  total amount of recovery against the state, a local governmental
   73  entity, or any other political subdivision of the state may not
   74  exceed the limitations set forth in s. 768.28(5).
   75         Section 2. Subsection (6) of section 390.011, Florida
   76  Statutes, is amended to read:
   77         390.011 Definitions.—As used in this chapter, the term:
   78         (6) “Fatal fetal abnormality” means a terminal condition
   79  that, in reasonable medical judgment, regardless of the
   80  provision of life-saving medical treatment, is incompatible with
   81  life outside the womb and will result in death upon birth or
   82  imminently thereafter.
   83         Section 3. Subsection (1) of section 390.0111, Florida
   84  Statutes, is amended to read:
   85         390.0111 Termination of pregnancies.—
   87  15 WEEKS; WHEN ALLOWED.—A physician may not perform a
   88  termination of pregnancy in the third trimester of pregnancy if
   89  the physician determines the gestational age of the fetus is
   90  more than 15 weeks unless one of the following conditions is
   91  met:
   92         (a) Two physicians certify in writing that, in reasonable
   93  medical judgment, the termination of the pregnancy is necessary
   94  to save the pregnant woman’s life or avert a serious risk of
   95  substantial and irreversible physical impairment of a major
   96  bodily function of the pregnant woman other than a psychological
   97  condition.
   98         (b) The physician certifies in writing that, in reasonable
   99  medical judgment, there is a medical necessity for legitimate
  100  emergency medical procedures for termination of the pregnancy to
  101  save the pregnant woman’s life or avert a serious risk of
  102  imminent substantial and irreversible physical impairment of a
  103  major bodily function of the pregnant woman other than a
  104  psychological condition, and another physician is not available
  105  for consultation.
  106         (c)The fetus has not achieved viability under s. 390.01112
  107  and two physicians certify in writing that, in reasonable
  108  medical judgment, the fetus has a fatal fetal abnormality.
  109         Section 4. This act shall take effect July 1, 2023.