Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. SB 300
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 14/F/2R         .                                
             03/30/2023 06:05 PM       .                                

       Senator Book moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 269 and 270
    4  insert:
    5         Section 6. Section 390.035, Florida Statutes, is created to
    6  read:
    7         390.035 Civil cause of action.—
    8         (1)A woman who is prevented by law from obtaining an
    9  abortion has a civil cause of action against the father of the
   10  child for compensatory damages incurred as a result of carrying
   11  an unwanted pregnancy beyond the point at which the woman
   12  otherwise would have sought an abortion.
   13         (2)Compensatory damages include emotional distress and
   14  pain and suffering sustained by the woman as a result of
   15  carrying the unwanted pregnancy due to her lack of access to
   16  abortion care.
   17         (3)Upon a showing by clear and convincing evidence that
   18  the defendant is the father of the child, the father is liable
   19  for the full monetary value of damages incurred by the woman as
   20  a result of carrying the unwanted pregnancy.
   21         (4)Upon a showing by clear and convincing evidence that
   22  the pregnancy resulted from rape, incest, fraud, or undue
   23  duress, the father is liable for treble damages.
   24         (5)This section does not alter a father’s obligation to
   25  provide child support under chapter 61.
   27  ================= T I T L E  A M E N D M E N T ================
   28  And the title is amended as follows:
   29         Delete line 39
   30  and insert:
   31         abortion clinics; creating s. 390.035, F.S.; creating
   32         a cause of action for women who are unable to obtain a
   33         legal abortion and must carry an unwanted pregnancy;
   34         providing for compensatory and treble damages against
   35         the father of the child if certain evidentiary burdens
   36         are met; providing construction; amending s. 456.47,
   37         F.S.;