Florida 2024 Regular Session

Florida House Bill H0933 Compare Versions

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

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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 access to contraception; creating 2
16	16	s. 381.998, F.S.; providing a short title; providing 3
17	17	definitions; authorizing a person to obtain 4
18	18	contraceptives and engage in contraception; 5
19	19	authorizing a health care provider to provide 6
20	20	contraceptives, contraception, and contraception -7
21	21	related information; providing requirements for a 8
22	22	defense to certain violations; authorizing the 9
23	23	Attorney General, a person, or an entity to bring 10
24	24	enforcement actions under certain circumstances; 11
25	25	authorizing civil penalties; providing applicability 12
26	26	and construction; providing an effective date. 13
27	27	14
28	28	WHEREAS, the right to contraception is a fundamental right, 15
29	29	central to a person's privacy, health, well -being, dignity, 16
30	30	liberty, equality, and ability to participate in the social and 17
31	31	economic life of the state, and 18
32	32	WHEREAS, the United States Supreme Court has repeatedly 19
33	33	recognized the constitutional right to contraception, and 20
34	34	WHEREAS, in Griswold v. Connecticut , 381 U.S. 479 (1965), 21
35	35	the United States Supreme Court first recognized the 22
36	36	constitutional right for married people to use contraceptives, 23
37	37	and 24
38	38	WHEREAS, in Eisenstadt v. Baird, 405 U.S. 438 (1972), the 25
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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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51	51	United States Supreme Court confirmed the constitutional right 26
52	52	of all people to legally access contraceptives regardless of 27
53	53	marital status, and 28
54	54	WHEREAS, in Carey v. Population Services International , 431 29
55	55	U.S. 678 (1977), the United States Supreme Court affirmed the 30
56	56	constitutional right to contraceptives for minors, and 31
57	57	WHEREAS, the right to contraception has been repeatedly 32
58	58	recognized internationally as a human right , and 33
59	59	WHEREAS, the United Nations Population Fund has published 34
60	60	several reports outlining family planni ng as a basic human right 35
61	61	that advances women's health, economic empowerment, and 36
62	62	equality, and 37
63	63	WHEREAS, access to contraceptives is internationally 38
64	64	recognized by the World Health Organization as advancing other 39
65	65	human rights such as the right to life, lib erty, expression, 40
66	66	health, work, and education, and 41
67	67	WHEREAS, contraception is safe, essential health care, and 42
68	68	access to contraceptive products and services is central to 43
69	69	people's ability to participate equally in economic and social 44
70	70	life, allowing people to make decisions about their families and 45
71	71	their lives, and 46
72	72	WHEREAS, contraception is key to sexual and reproductive 47
73	73	health and is critical to preventing unintended pregnancy, and 48
74	74	many contraceptives are highly effective in preventing and 49
75	75	treating a wide array of often severe medical conditions and 50
76	76
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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	decrease the risk of certain cancers, and 51
89	89	WHEREAS, family planning improves health outcomes for 52
90	90	women, their families, and their communities and reduces rates 53
91	91	of maternal and infant mortality and morbidity, and 54
92	92	WHEREAS, the United States has a long history of 55
93	93	reproductive coercion, including the childbearing forced upon 56
94	94	enslaved women, as well as the forced sterilization of Black 57
95	95	women, Puerto Rican women, indigenous women, immigrant women, 58
96	96	and disabled women, and reproductive coercion continues to 59
97	97	occur, and 60
98	98	WHEREAS, the right to make personal decisions about 61
99	99	contraceptive use is important for all people, and is especially 62
100	100	critical for historically marginalized groups, including Black, 63
101	101	indigenous, and other pe ople of color; immigrants; lesbian, gay, 64
102	102	bisexual, transgender, and queer people; people with 65
103	103	disabilities; people with low incomes; and people living in 66
104	104	rural and underserved areas , and 67
105	105	WHEREAS, many people who are part of these marginalized 68
106	106	groups already face barriers, exacerbated by social, political, 69
107	107	economic, and environmental inequities, to comprehensive health 70
108	108	care, including reproductive health care, that reduce their 71
109	109	ability to make decisions about their health, families, and 72
110	110	lives, and 73
111	111	WHEREAS, policies governing pharmaceutical and insurance 74
112	112	policies affect the accessibility of contraceptives and the 75
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121	121	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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125	125	settings in which contraception services are delivered, and 76
126	126	WHEREAS, despite the clearly established constitutional 77
127	127	right to contraception , access to contraceptives, including 78
128	128	emergency contraceptives and long -acting reversible 79
129	129	contraceptives, has been obstructed in various ways, and 80
130	130	WHEREAS, as of June 2023, at least 4 states tried to ban 81
131	131	access to some or all contraceptives by restricting access to 82
132	132	public funding for these products and services, and 83
133	133	WHEREAS, health care providers' refusals to offer 84
134	134	contraceptives and contraception -related information on the 85
135	135	basis of their own personal beliefs impede patients from 86
136	136	obtaining their preferred method of contraception, and 87
137	137	WHEREAS, states have attempted to define abortion 88
138	138	expansively so as to include contraceptives in state bans on 89
139	139	abortion and have also restricted access to emergency 90
140	140	contraception, and 91
141	141	WHEREAS, in June 2022, Justice Thomas, i n his concurring 92
142	142	opinion in Dobbs v. Jackson Women's Health Organization , 142 S. 93
143	143	Ct. 2228 (2022), stated that the United States Supreme Court 94
144	144	"should reconsider all of this Court's substantive due process 95
145	145	precedents, including Griswold, Lawrence, and Oberg efell" and 96
146	146	that the court has "a duty to correct the error established in 97
147	147	those precedents" by overruling them, and 98
148	148	WHEREAS, in order to further public health and to combat 99
149	149	efforts to restrict access to reproductive health care, action 100
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158	158	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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162	162	is necessary to protect access to contraceptives, contraception, 101
163	163	and contraception-related information for everyone, regardless 102
164	164	of actual or perceived race, ethnicity, sex, including gender 103
165	165	identity and sexual orientation, income, disability, national 104
166	166	origin, immigration sta tus, or geography, NOW, THEREFORE, 105
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168	168	Be It Enacted by the Legislature of the State of Florida: 107
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170	170	Section 1. Section 381.998, Florida Statutes, is created 109
171	171	to read: 110
172	172	381.998 Right to contraception. — 111
173	173	(1) This section may be cited as the "Right to 112
174	174	Contraception Act." 113
175	175	(2) As used in this section, the term: 114
176	176	(a) "Contraception" means an action taken to prevent 115
177	177	pregnancy, including the use of contraceptives or fertility 116
178	178	awareness-based methods and sterilization procedures. 117
179	179	(b) "Contraceptive" means any drug, device, or biological 118
180	180	product intended for use in the prevention of pregnancy, whether 119
181	181	specifically intended to prevent pregnancy or for other health 120
182	182	needs, that is legally marketed under the Federal Food, Drug, 121
183	183	and Cosmetic Act, such as oral contra ceptives, long-acting 122
184	184	reversible contraceptives, emergency contraceptives, internal 123
185	185	and external condoms, injectables, vaginal barrier methods, 124
186	186	transdermal patches, and vaginal rings or other contraceptives. 125
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199	199	(c) "Health care provider" has the meaning as in s. 126
200	200	381.00321(1). 127
201	201	(d) "Political subdivision" has the same meaning as in s. 128
202	202	1.01(8). 129
203	203	(3)(a) A person may obtain contraceptives and engage in 130
204	204	contraception, and a health care provider may provide 131
205	205	contraceptives, contraception, and contraception -related 132
206	206	information. 133
207	207	(b) This subsection does not limit any of the following: 134
208	208	1. Expressly, effectively, implicitly, or as implemented, 135
209	209	the provision of contraceptives, contraception, or 136
210	210	contraception-related information; health care providers who 137
211	211	provide contraceptives, contraception, or contraception -related 138
212	212	information; or facilities in which contraceptives, 139
213	213	contraception, or contraception -related information is provided. 140
214	214	2. Access to contraceptives, contraception, or 141
215	215	contraception-related information. 142
216	216	(c) For a defense against a claim that a limitation or 143
217	217	requirement violates a health care provider's or patient's 144
218	218	rights under paragraph (b), a party must establish, by clear and 145
219	219	convincing evidence, all of the following: 146
220	220	1. The limitation or requiremen t significantly advances 147
221	221	the safety of contraceptives, contraception, and contraception -148
222	222	related information. 149
223	223	2. The safety of contraceptives, contraception, and 150
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236	236	contraception-related information or the health of patients 151
237	237	cannot be advanced by a less rest rictive alternative measure or 152
238	238	action. 153
239	239	(4)(a) The state or any political subdivision may not 154
240	240	administer, implement, or enforce any law, rule, regulation, 155
241	241	standard, or other provision having the force and effect of law 156
242	242	in a manner that: 157
243	243	1. Prohibits or restricts the sale, provision, or use of 158
244	244	any contraceptives that have been approved by the federal Food 159
245	245	and Drug Administration for contraceptive purposes. 160
246	246	2. Prohibits or restricts any person from aiding another 161
247	247	person in obtaining any contraceptives ap proved by the federal 162
248	248	Food and Drug Administration or contraceptive methods. 163
249	249	3. Exempts any contraceptives approved by the federal Food 164
250	250	and Drug Administration from any other general law in a way that 165
251	251	would make it more difficult to sell, provide, obtain, or use 166
252	252	those contraceptives or contraceptive methods. 167
253	253	(b) This section does not supersede or otherwise affect 168
254	254	any provision relating to coverage under group health plans or 169
255	255	group or individual health insurance coverage and may not be 170
256	256	construed as requiring the provision of specific benefits under 171
257	257	these plans or coverage. 172
258	258	(c) An individual or entity who is subject to a limitation 173
259	259	or requirement that violates this section sha ll have an 174
260	260	affirmative defense to any action brought under this section to 175
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269	269	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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273	273	any cause of action against the individual or entity. 176
274	274	(5)(a) This section shall be liberally construed to 177
275	275	effectuate its purposes. 178
276	276	(b) This section does not: 179
277	277	1. Authorize the state or a political subdivision to 180
278	278	interfere with a health care provider's ability to provide 181
279	279	contraceptives or contraception -related information or a 182
280	280	person's ability to obtain contraceptives or to engage in 183
281	281	contraception. 184
282	282	2. Permit or sanction the con duct of any sterilization 185
283	283	procedure without the patient's voluntary and informed consent. 186
284	284	(6)(a) The Attorney General may commence a civil action on 187
285	285	behalf of the state against any person that violates or enforces 188
286	286	a limitation or requirement that violate s this section. In any 189
287	287	civil action brought under this paragraph, the Attorney General 190
288	288	may compromise and settle the action as he or she determines is 191
289	289	in the best interest of the state. 192
290	290	(b) Any person or entity, including a health care provider 193
291	291	or patient, adversely affected by an alleged violation of this 194
292	292	section may commence a civil action against any person that 195
293	293	violates, implements, or enforces a limitation or a requirement 196
294	294	that violates this section. 197
295	295	(c) A health care provider may commence an actio n for 198
296	296	relief on its own behalf, on behalf of the health care 199
297	297	provider's staff, and on behalf of the health care provider's 200
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310	310	patients who are or may be adversely affected by an alleged 201
311	311	violation of this section. 202
312	312	(d) If a court finds that there has been a v iolation of 203
313	313	this section, the court shall hold unlawful and set aside the 204
314	314	limitation or requirement. In any action under this section, the 205
315	315	court may award appropriate equitable relief, including 206
316	316	temporary, preliminary, or permanent injunctive relief. 207
317	317	(e) The court shall award to any prevailing plaintiff 208
318	318	attorney fees and costs. Unless a court determines an action is 209
319	319	frivolous, the court may not hold a plaintiff liable to a 210
320	320	defendant for attorney fees and costs in an action under this 211
321	321	section. 212
322	322	Section 2. This act shall take effect July 1, 2024. 213