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