HB 1457 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1457-00
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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 protection of the right to an 2
abortion; creating s. 797.04, F.S.; finding and 3
declaring that a woman has a protected right to an 4
abortion; creating a rebuttable presumption concerning 5
viability of a fetus; providing for civil liability 6
for certain persons who violate such a right; 7
providing for punitive damages; providing for 8
compensatory damages, costs, and attorney fees; 9
providing for state payment of awards against indigent 10
defendants; providing for liens against such indigent 11
defendants; providing for employer liability; amending 12
s. 95.11, F.S.; providing a statute of limitations 13
period for actions for the deprivation of the righ t to 14
an abortion; providing an effective date. 15
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Be It Enacted by the Legislature of the State of Florida: 17
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Section 1. Section 797.04, Florida Statutes, is created to 19
read: 20
797.04 Right to an abortion. — 21
(1) The Legislature finds and declares tha t s. 23, Art. I 22
of the State Constitution concerning right of privacy protects a 23
woman's right to abortion as the Florida Supreme Court held in 24
In re T.W., 551 So.2d 1186 (1989) . 25
HB 1457 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1457-00
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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
(2) A woman has the right to terminate a pregnancy until 26
that point in time when the fetus becomes capable of meaningful 27
life outside the womb through standard medical measures. There 28
is a rebuttable presumption that this point occurs at the end of 29
the second trimester. 30
(3) A person or entity that takes any action under color 31
of law that violates a woman's right under subsection (2) is 32
liable as provided in this section. 33
(4) A woman whose rights under subsection (3) are violated 34
shall have a cause of action for compensatory damages as well as 35
$10,000 in punitive damages from e ach violator. A successful 36
plaintiff under this section is also entitled to an award of 37
reasonable attorney fees and costs. 38
(5) If a defendant is indigent and unable to pay all or 39
part of an award under subsection (4), the state shall, 40
notwithstanding chapter 768, be liable for the entire unpaid 41
amount of the award and shall pay such amount of the award that 42
is not paid by the defendant. The state shall have a lien 43
against the income and property of such defendant for the amount 44
paid by the state under th is subsection. 45
(6) An employer is liable for the acts of an employee 46
acting within the scope of his or her employment that violate 47
this section. 48
Section 2. Subsection (13) is added to section 95.11, 49
Florida Statutes, to read: 50
HB 1457 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1457-00
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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
95.11 Limitations othe r than for the recovery of real 51
property.—Actions other than for recovery of real property shall 52
be commenced as follows: 53
(13) WITHIN TWENTY-ONE YEARS.—Any action under s. 797.04 54
for deprivation of the right to an abortion. 55
Section 3. This act shall take effect July 1, 2024. 56