Florida SB 1308: Reproductive Freedom

Bill Text

1308 
Reproductive Freedom 
2026-01-07T05:45:18Z 
Creating the “Reproductive Freedom Act”; establishing the fundamental right to reproductive health care; providing that every individual has a fundamental right to make autonomous decisions about the individual’s own reproductive health; prohibiting the state from denying or interfering with an individual’s right to access reproductive health care; prohibiting such state and local entities from penalizing, prosecuting, or otherwise taking adverse action against an individual for exercising specified rights, or against an individual for assisting another in exercising such rights, etc. 
Original Filed Version 
2026 
S 
GB 
General Bill 
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 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 such 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) State or local law enfo