Comprehensive reproductive health care, including abortion, is a fundamental component of a person’s health, privacy, and equality. HB 709/SB 1036 guarantees a person’s right to access reproductive health care in the State of Florida and prohibits any individual or government entity from denying a citizen’s fundamental rights of privacy with respect to their personal reproductive health decisions.
Each person has the fundamental rights to choose or refuse contraception and to choose to carry a pregnancy to term, to give birth to a child, or to have an abortion in accordance with chapter 390. - Reproductive Health Care Protection Act
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HB 709/SB 1036 codifies every Floridian’s right to an abortion under Section 23, Article II of Florida’s Constitution (privacy clause).
SECTION 23. Right of privacy.—Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein.
Legal scholars have stated that Florida’s right to privacy provides greater protections than the US Constitution’s First Amendment privacy right. This bill explicitly blocks any person, state, or local government from attempting to interfere with a Floridian who is exercising their reproductive rights guaranteed by Section 23 of Florida’s constitution.
HB 709/SB 1036 provides a civil cause of action for any person whose fundamental rights to privacy are deprived or unduly burdened when seeking comprehensive reproductive health care, including abortion, in the State of Florida. Action can be taken against any person, state or local government interfering with access to reproductive health care including abortion.
HB 709/SB 1036 would put into state law what a strong majority of Floridians believe, abortion is health care and access to abortion must be protected.