Florida Senate - 2024                                    SB 1450
       
       
        
       By Senator Berman
       
       
       
       
       
       26-01707-24                                           20241450__
    1                        A bill to be entitled                      
    2         An act relating to protection of the right to an
    3         abortion; creating s. 797.04, F.S.; finding and
    4         declaring that a woman has a protected right to an
    5         abortion; creating a rebuttable presumption concerning
    6         viability of a fetus; providing for civil liability
    7         for certain persons who violate such a right;
    8         providing for punitive damages; providing for
    9         compensatory damages, costs, and attorney fees;
   10         providing for state payment of awards against indigent
   11         defendants; providing for liens against such indigent
   12         defendants; providing for employer liability; amending
   13         s. 95.11, F.S.; providing a statute of limitations
   14         period for actions for the deprivation of the right to
   15         an abortion; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 797.04, Florida Statutes, is created to
   20  read:
   21         797.04 Right to an abortion.—
   22         (1) The Legislature finds and declares that s. 23, Art. I
   23  of the State Constitution concerning right of privacy protects a
   24  woman’s right to abortion as the Florida Supreme Court held in
   25  In re T.W., 551 So.2d 1186 (1989).
   26         (2) A woman has the right to terminate a pregnancy until
   27  that point in time when the fetus becomes capable of meaningful
   28  life outside the womb through standard medical measures. There
   29  is a rebuttable presumption that this point occurs at the end of
   30  the second trimester.
   31         (3) A person or entity that takes any action under color of
   32  law which violates a woman’s right under subsection (2) is
   33  liable as provided in this section.
   34         (4) A woman whose right under subsection (2) is violated
   35  shall have a cause of action for compensatory damages as well as
   36  $10,000 in punitive damages from each violator. A successful
   37  plaintiff under this section is also entitled to an award of
   38  reasonable attorney fees and costs.
   39         (5) If a defendant is indigent and unable to pay all or
   40  part of an award under subsection (4), the state shall,
   41  notwithstanding chapter 768, be liable for the entire unpaid
   42  amount of the award and shall pay such amount of the award that
   43  is not paid by the defendant. The state shall have a lien
   44  against the income and property of such defendant for the amount
   45  paid by the state under this subsection.
   46         (6) An employer is liable for the acts of an employee
   47  acting within the scope of his or her employment which violate
   48  this section.
   49         Section 2. Subsection (13) is added to section 95.11,
   50  Florida Statutes, to read:
   51         95.11 Limitations other than for the recovery of real
   52  property.—Actions other than for recovery of real property shall
   53  be commenced as follows:
   54         (13) WITHIN TWENTY-ONE YEARS.—Any action under s. 797.04
   55  for deprivation of the right to an abortion.
   56         Section 3. This act shall take effect July 1, 2024.