Florida 2024 Regular Session

Florida House Bill H1457 Compare Versions

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

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3	3	HB 1457 2024
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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 protection of the right to an 2
16	16	abortion; creating s. 797.04, F.S.; finding and 3
17	17	declaring that a woman has a protected right to an 4
18	18	abortion; creating a rebuttable presumption concerning 5
19	19	viability of a fetus; providing for civil liability 6
20	20	for certain persons who violate such a right; 7
21	21	providing for punitive damages; providing for 8
22	22	compensatory damages, costs, and attorney fees; 9
23	23	providing for state payment of awards against indigent 10
24	24	defendants; providing for liens against such indigent 11
25	25	defendants; providing for employer liability; amending 12
26	26	s. 95.11, F.S.; providing a statute of limitations 13
27	27	period for actions for the deprivation of the righ t to 14
28	28	an abortion; providing an effective date. 15
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30	30	Be It Enacted by the Legislature of the State of Florida: 17
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32	32	Section 1. Section 797.04, Florida Statutes, is created to 19
33	33	read: 20
34	34	797.04 Right to an abortion. — 21
35	35	(1) The Legislature finds and declares tha t s. 23, Art. I 22
36	36	of the State Constitution concerning right of privacy protects a 23
37	37	woman's right to abortion as the Florida Supreme Court held in 24
38	38	In re T.W., 551 So.2d 1186 (1989) . 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	(2) A woman has the right to terminate a pregnancy until 26
52	52	that point in time when the fetus becomes capable of meaningful 27
53	53	life outside the womb through standard medical measures. There 28
54	54	is a rebuttable presumption that this point occurs at the end of 29
55	55	the second trimester. 30
56	56	(3) A person or entity that takes any action under color 31
57	57	of law that violates a woman's right under subsection (2) is 32
58	58	liable as provided in this section. 33
59	59	(4) A woman whose rights under subsection (3) are violated 34
60	60	shall have a cause of action for compensatory damages as well as 35
61	61	$10,000 in punitive damages from e ach violator. A successful 36
62	62	plaintiff under this section is also entitled to an award of 37
63	63	reasonable attorney fees and costs. 38
64	64	(5) If a defendant is indigent and unable to pay all or 39
65	65	part of an award under subsection (4), the state shall, 40
66	66	notwithstanding chapter 768, be liable for the entire unpaid 41
67	67	amount of the award and shall pay such amount of the award that 42
68	68	is not paid by the defendant. The state shall have a lien 43
69	69	against the income and property of such defendant for the amount 44
70	70	paid by the state under th is subsection. 45
71	71	(6) An employer is liable for the acts of an employee 46
72	72	acting within the scope of his or her employment that violate 47
73	73	this section. 48
74	74	Section 2. Subsection (13) is added to section 95.11, 49
75	75	Florida Statutes, to read: 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1457-00
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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	95.11 Limitations othe r than for the recovery of real 51
89	89	property.—Actions other than for recovery of real property shall 52
90	90	be commenced as follows: 53
91	91	(13) WITHIN TWENTY-ONE YEARS.—Any action under s. 797.04 54
92	92	for deprivation of the right to an abortion. 55
93	93	Section 3. This act shall take effect July 1, 2024. 56