Florida 2022 Regular Session

Florida House Bill H0709 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to reproductive health care rights; 2
16	16	creating s. 381.00515, F.S.; providing a short title; 3
17	17	providing a legislative finding; providing that each 4
18	18	person has certain fundamental rights related to 5
19	19	reproductive health care; prohibiting a person, the 6
20	20	state, a local governmental entity, or any political 7
21	21	subdivision of the state from discriminating against, 8
22	22	denying, unduly burdening, or interfering with a ny 9
23	23	person's exercise of such fundamental rights; 10
24	24	providing for a civil cause of action and remedies; 11
25	25	providing that the recovery limits of sovereign 12
26	26	immunity apply; providing an effective date. 13
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28	28	WHEREAS, comprehensive reproductive health care, includi ng 15
29	29	contraception and abortion, is a fundamental component of a 16
30	30	woman's health, privacy, and equality, and 17
31	31	WHEREAS, section 23, Article I of the State Constitution 18
32	32	and the Fourteenth Amendment to the United States Constitution 19
33	33	protect a woman's fundamental right to access a safe, legal 20
34	34	abortion, and the courts have repeatedly reaffirmed this right 21
35	35	and further emphasized that states may not place undue burdens 22
36	36	on women seeking to access such right, and 23
37	37	WHEREAS, as with other medical procedures, the safety o f 24
38	38	abortion is furthered by evidence -based practices developed and 25
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40	40	HB 709 2022
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44	44	CODING: Words stricken are deletions; words underlined are additions.
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49	49
50	50
51	51	supported by medical professionals, with abortion being one of 26
52	52	the safest medical procedures performed in the United States, 27
53	53	and 28
54	54	WHEREAS, the goal of health care regulation should be to 29
55	55	improve the quality and availability of health care services, 30
56	56	and 31
57	57	WHEREAS, it is the public policy of the state that every 32
58	58	person possesses the fundamental rights of privacy and equality 33
59	59	with respect to his or her personal reproductive decisions and 34
60	60	he or she should be able to safely effectuate those decisions, 35
61	61	including seeking and obtaining abortion care, free from 36
62	62	discrimination, and 37
63	63	WHEREAS, it is the intent of the Legislature to prevent the 38
64	64	enforcement of laws or regulations that are not in furtherance 39
65	65	of a legitimate state interest in protecting a woman's health 40
66	66	and that place burdens on the woman's right to access a safe, 41
67	67	legal abortion, NOW, THEREFORE, 42
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69	69	Be It Enacted by the Legislature of the State of Florida: 44
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71	71	Section 1. Section 381.00515, Flor ida Statutes, is created 46
72	72	to read: 47
73	73	381.00515 Reproductive health care protections; civil 48
74	74	remedies. 49
75	75	(1) This section may be cited as the "Reproductive Health 50
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77	77	HB 709 2022
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0709-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	Care Protections Act." 51
89	89	(2) The Legislature finds that comprehensive reproductive 52
90	90	health care is a fundamental component of every person's health, 53
91	91	privacy, and equality. 54
92	92	(3) Each person has the fundamental rights to choose or 55
93	93	refuse contraception or sterilization and to choose to carry a 56
94	94	pregnancy to term, to give birth to a child, or to have an 57
95	95	abortion in accordance with chapter 390. 58
96	96	(4) A person, the state, a local governmental entity, or 59
97	97	any political subdivision of the state may not discriminate 60
98	98	against, deny, unduly burden, or interfere with any person's 61
99	99	exercise of the fundamental rights provided under this section 62
100	100	or the State Constitution in the regulation or provision of 63
101	101	benefits, facilities, services, or information. 64
102	102	(5) A person whose rights have been impaired or deprived 65
103	103	in violation of this secti on may file an action in circuit court 66
104	104	for injunctive or other equitable relief and is entitled to 67
105	105	recover damages and reasonable attorney fees and costs. The 68
106	106	total amount of recovery against the state, a local governmental 69
107	107	entity, or any other political s ubdivision of the state may not 70
108	108	exceed the limitations set forth in s. 768.28(5). 71
109	109	Section 2. This act shall take effect July 1, 2022. 72