HB 145 2025
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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 pregnant women in custody; 2
providing a short title; creating s. 907.033, F.S.; 3
requiring that every female who is arrested and not 4
released on bond within 72 hours after arrest be 5
administered a pregnancy test within a specified 6
timeframe upon her request; requiring that each 7
municipal detention facility or county detention 8
facility notify each arrested female upon booking at 9
the facility of her right to request a pregnancy test; 10
specifying the methods of conducting the pregnancy 11
test; defining the term "female"; creating s. 925.13, 12
F.S.; defining the term "pregnant woman"; authorizing 13
a sentencing court to stay the beginning of the period 14
of incarceration for up to a certain amount of time 15
for a pregnant woman convicted of any offense; 16
requiring the court to consider specified factors in 17
determining whether to grant a pregnant woman's 18
request to stay the beginning of the period of 19
incarceration; requiring the court to explain in 20
writing its reasons for granting a stay of 21
incarceration; authorizing a sentencing court to order 22
a pregnant woman to comply with specified terms and 23
conditions during the stay of incarceration; requiring 24
that, within 10 days after the end of the stay of 25
HB 145 2025
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incarceration and the commencement of the woman's 26
incarceration, she be offered and receive, upon her 27
request, a specified assessment and services; 28
authorizing a judge to impose specified sanctions for 29
another criminal conviction or a violation of any of 30
the terms and conditions imposed by the sentencing 31
judge; requiring municipal and county detention 32
facilities to collect and report to the Department of 33
Corrections, and requiring the department to collect 34
from its own institutions, specified information; 35
requiring the department to compile such information 36
and publish it on its public website; providing 37
requirements for such publication; providing an 38
effective date. 39
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Be It Enacted by the Legislature of the State of Florida: 41
42
Section 1. This act may be cited as "Ava's Law." 43
Section 2. Section 907.033, Flori da Statutes, is created 44
to read: 45
907.033 Pregnancy testing of female arrestees. —Every 46
female who is arrested and not released on bond within 72 hours 47
after arrest must, upon her request, be administered a pregnancy 48
test by the municipal detention facilit y or county detention 49
facility, as those terms are defined in s. 951.23(1), where she 50
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is being held within 24 hours after the request. During booking 51
into the facility, the facility must notify each such arrestee 52
of her right to request that a pregnancy te st be administered 53
within 72 hours after arrest if she is still in custody. The 54
pregnancy test may be conducted by using urine or blood samples, 55
by ultrasound scan, or by any other standard pregnancy testing 56
protocols adopted by the facility. As used in th is section, the 57
term "female" means a juvenile or an adult woman. 58
Section 3. Section 925.13, Florida Statutes, is created to 59
read: 60
925.13 Staying of sentence for pregnant women. — 61
(1) As used in this section, the term "pregnant woman" 62
means a juvenile or an adult woman whose pregnancy has been 63
verified by a pregnancy test or through a medical examination 64
conducted by a health care practitioner. 65
(2) Notwithstanding any other law, after a pregnant woman 66
is convicted of any offense and the sentencing court pronounces 67
a sentence of incarceration, the court has the discretion to 68
stay the beginning of the period of incarceration for up to 12 69
weeks after the pregnant woman gives birth or is no longer 70
pregnant. In determining whether to grant a pregnant wom an's 71
request to stay the beginning of the period of incarceration, 72
the court must consider all of the following: 73
(a) The severity of the offense for which the defendant is 74
convicted. 75
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(b) Whether the defendant was previously convicted of a 76
felony. 77
(c) Whether other felony charges are pending against the 78
defendant. 79
(d) The state's interest in deterring and punishing 80
criminal activity and protecting the public. 81
(e) The rights of the victim of the defendant's crime, 82
consistent with s. 16, Art. I of th e State Constitution and s. 83
960.0021. 84
(f) Whether staying the incarceration is consistent with 85
protecting the life, health, and safety of the unborn child and 86
his or her life during the first 12 weeks after birth. In 87
considering this factor, the court shall consider the existence 88
of any prior substance abuse by the defendant, whether any other 89
children of the defendant have been adjudicated dependent, and 90
any other information relevant to the health and safety of the 91
unborn child. 92
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If the court grants t he request to stay the incarceration, it 94
must explain its reasons in writing. 95
(3) The sentencing court may order a pregnant woman whose 96
incarceration is stayed to comply with any of the terms and 97
conditions specified in s. 948.03 until she is incarcerate d. 98
(4) Within 10 days after the end of the stay of 99
incarceration and the commencement of the woman's incarceration 100
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to serve the sentence, she must be offered an appropriate 101
assessment by a licensed health care practitioner or a 102
telehealth provider, as de fined in s. 456.47(1), and, upon her 103
request, the licensed health care practitioner or telehealth 104
provider shall provide a postpartum assessment, including the 105
need for any necessary medical tests, procedures, lactation 106
support, mental health support, or t reatments associated with 107
her postpartum condition. The Department of Corrections and 108
municipal and county detention facilities shall develop and 109
offer such assessments and treatments in consultation with 110
community support organizations, licensed health ca re 111
practitioners, social services programs, and local and state 112
government agencies, including nonprofit organizations. 113
(5) If, during the stay of incarceration, the pregnant 114
woman is convicted of another crime or violates any of the 115
conditions imposed b y the sentencing judge, the judge may impose 116
any sanction under s. 948.06, including an order requiring the 117
incarceration of the pregnant woman to serve the sentence for 118
which the stay was granted. 119
(6)(a) The Department of Corrections shall collect from 120
its own institutions, and each municipal and county detention 121
facility shall collect and report to the department, all of the 122
following information, which the department shall compile and 123
publish quarterly on its public website: 124
1. The total number of pr egnant women whose sentences are 125
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stayed under subsection (2). 126
2. The total number of births, including the number of 127
live births and stillbirths, to women whose sentences are 128
stayed, and the gestational age and birth weight of each infant 129
at the time of birth or stillbirth. 130
3. The total number of women who experience complications 131
during pregnancy and the type of complications experienced. 132
4. The total number of women who experience miscarriages. 133
5. The total number of women who refuse to provide 134
information regarding the outcome of their pregnancies as 135
provided in subparagraphs 2., 3., and 4. 136
(b) The information published pursuant to paragraph (a) 137
must exclude personal identifying information and must comply 138
with state and federal confidentiality laws. 139
Section 4. This act shall take effect July 1, 2025. 140