Read the full stored bill text
Florida Senate
-
2026
SB 1308
By
Senator Davis
5-01021-26 20261308__
1 A bill to be entitled
2 An act relating to reproductive freedom; creating s.
3 381.0026, F.S.; providing a short title; defining
4 terms; providing legislative findings; establishing
5 the fundamental right to reproductive health care;
6 providing that every individual has a fundamental
7 right to make autonomous decisions about the
8 individual’s own reproductive health; providing that
9 individuals who become pregnant have a fundamental
10 right to make certain decisions in exercise of such
11 right; prohibiting the state from denying or
12 interfering with an individual’s right to access
13 reproductive health care; prohibiting state and local
14 law enforcement agencies and officials from harassing
15 or discriminating against an individual for providing
16 or obtaining reproductive health care or assisting
17 another person in doing so; prohibiting such state and
18 local entities from penalizing, prosecuting, or
19 otherwise taking adverse action against an individual
20 for exercising specified rights, or against an
21 individual for assisting another in exercising such
22 rights; providing individuals with immunity from civil
23 liability for exercising specified rights or aiding or
24 assisting another in exercising such rights; providing
25 that a fertilized egg, embryo, or fetus does not have
26 independent rights under the laws of this state;
27 prohibiting local units of government from regulating
28 an individual’s ability to exercise the right to
29 reproductive health care in a manner more restrictive
30 than that set forth in specified provisions; providing
31 applicability, construction, and severability;
32 repealing ss. 286.31, 381.00321, and 765.113, F.S.,
33 relating to prohibited use of state funds, the right
34 of medical conscience of health care providers and
35 health care payors, and restrictions on providing
36 consent for specified activities, respectively;
37 providing an effective date.
38
39 Be It Enacted by the Legislature of the State of Florida:
40
41 Section 1. Section 381.0026, Florida Statutes, is created
42 to read:
43
381.0026
Reproductive freedom
.—
44
(1)
SHORT TITLE.—This section may be cited as the
45
“Reproductive Freedom Act.”
46
(2)
DEFINITIONS
.—
As used in this section, the term:
47
(a)
“Abortion” means
any medical treatment intended to
48
induce the termination of a pregnancy.
The term does
not include
49
management of or care for a
miscarriage.
50
(
b
)
“Pregnancy” means the human reproductive process
51
beginning with an implanted human embryo.
52
(c)
“Reproductive health care” means health care offered,
53
arranged, or furnished
for the purpose of preventing pregnancy,
54
terminating a pregnancy, managing pregnancy loss, or improving
55
maternal health.
The term
includes, but is not limited to,
56
contraception
,
sterilization
,
preconception care
,
maternity
57
care
,
abortion care
,
family planning
,
and fertility services.
58
(3)
FUNDAMENTAL RIGHT TO REPRODUCTIVE HEALTH CARE
.—
The
59
State
Constitution
establishes the principles of individual
60
liberty, personal privacy, and equality.
The Legislature finds
61
that s
uch principles ensure the fundamental right to
62
reproductive
health care
.
Notwithstanding chapter 390 and any
63
other law, the right to reproductive health care includes, but
64
is not limited to, all of the following rights and protections:
65
(
a
)
Every individual has a fundamental right to make
66
autonomous decisions about the individual’s own reproductive
67
health, including the right to use or refuse reproductive health
68
care.
69
(
b
)
Every individual who becomes pregnant has a fundamental
70
right to
choose whether to
continue the pregnancy and give birth
71
or
to
obtain an abortion and to make autonomous decisions about
72
how to exercise this fundamental right.
73
(c)
The state
may
not deny or interfere with an
74
individual’s fundamental right to access reproductive health
75
care.
76
(4)
HARASSMENT, DISCRIMINATION, CIVIL LIABILITY
, AND
77
PROSECUTION FOR REPRODUCTIVE HEALTH CARE
PROHIBITED.—
78
(a)
S
tate or local law enforcement
agencies or officials
79
may not
harass or discriminate against an individual for
80
providing or obtaining reproductive health care or assisting
81
another person in doing so.
82
(b)
S
tate or local law enforcement
agencies or officials
83
may
not penalize, prosecute, or otherwise take adverse action
84
against individual
s
based on such individual’s own exercise of
85
th
e
fundamental right
s under this section
or such individual’s
86
own actual, potential, perceived, or alleged pregnancy outcomes,
87
including miscarriage, stillbirth, or abortion.
S
tate and local
88
law enforcement
agencies and officials may
not penalize,
89
prosecute, or otherwise take adverse action against any
90
individual for aiding or assisting another individual in
91
exercising
that
other individual’s right to reproductive
health
92
care
with voluntary consent.
93
(c)
An individual may not be subject to civil liability for
94
exercising the
individual’s
fundamental rights under this
95
section. An individual who aids or assists another individual in
96
exercising the fundamental rights under this section
may
not
be
97
subject to civil liability
for
his or her
actions in aiding or
98
assisting
in the exercise of such
fundamental rights.
99
(d)
A fertilized egg, embryo, or fetus does not have
100
independent rights under the laws of this state.
101
(5)
LIMITATION.—
A local unit of government may not
regulate
102
an individual’s ability to freely exercise the fundamental right
103
to reproductive health care
in a manner that is more restrictive
104
than that set forth in this section.
105
(
6
)
APPLICABILITY.—This section applies to all state and
106
local laws, ordinances, regulations, rules, policies,
107
procedures, practices, and government actions.
108
(7)
CONSTRUCTION.—This section supersedes any provision of
109
chapter 390 in conflict with this section.
110
(
8
)
SEVERABILITY.—
If any provision of this
section
or its
111
application to any person or circumstance is held invalid, the
112
invalidity does not affect other provisions or applications of
113
the
section
which can be given effect without the invalid
114
provision or application, and to this end the provisions of this
115
section
are severable.
116 Section 2.
Section 286.31, Florida Statutes, is repealed.
117 Section 3.
Section 381.00321, Florida Statutes, is
118
repealed.
119 Section 4.
Section 765.113, Florida Statutes, is repealed.
120 Section 5. This act shall take effect upon becoming a law.