New Florida bill proposes ban on manufacture, selling, mailing of abortion pills beyond state lines

TALLAHASSEE, Fla. — Florida legislators have unveiled House Bill 1519, a sweeping proposal designed to impose substantial limitations on abortion access throughout the state.

While the bill covers various aspects of termination of pregnancies, one provision stands out—banning anyone from manufacturing, selling, or mailing abortion pills, even if done in another state, if they know “it is likely to be used in this state.”

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The latest legislative developments in Florida have sparked controversy as lawmakers push for extensive restrictions on abortion-related activities through House Bill 1519, named the “Termination of Pregnancies.”

One noteworthy aspect, Section 6, introduces Section 390.031 into the Florida Statutes, delineating rigorous regulations on pregnancy termination. The section explicitly mandates that performing or attempting to perform an abortion is only permissible if it aims to save the life of a pregnant woman in a medical emergency.

Going beyond traditional medical settings, the bill addresses actions such as knowingly mailing or sending abortifacients to addresses within the state, disseminating abortifacients without a valid prescription, and intentionally placing abortifacients into the stream of commerce with the knowledge that they are likely to be used in Florida.

The bill, titled “Termination of Pregnancies,” not only seeks to redefine and expand existing abortion laws in the state but also ventures into regulating the usage and distribution of abortion-inducing drugs from outside its borders.

According to the language of the bill, individuals or entities knowingly involved in providing abortion pills that are intended for use in Florida would face penalties.

Penalties for violating these provisions are severe, constituting a third-degree felony with a mandatory term of imprisonment not exceeding 10 years or a fine not exceeding $100,000, or both.

However, the bill does introduce affirmative defenses, safeguarding licensed physicians providing legitimate medical procedures that unintentionally result in the injury or death of the unborn child. Similarly, pharmacies filling valid prescriptions issued by licensed physicians are shielded from prosecution.

While the legislation targets the private act of mailing abortion pills, First-class mail items are considered private and protected from searches without a warrant.

The bill’s lack of clarity on how it navigates these privacy protections could pose a significant legal challenge to and constitutional validity of the provisions.

The legislation, however, empowers pregnant women to bring civil actions against individuals or entities, including foreign senders, knowingly or intentionally violating the outlined regulations. Successful claimants may receive injunctive relief, damages of $10,000 for each abortion performed or attempted, as well as attorney fees and costs.

The bill is set to take effect 30 days after specific events, including a Florida Supreme Court decision on the right to privacy and abortion-related matters.

If signed into law, the bill is scheduled to be enacted on July 1, sparking heightened scrutiny and discussions on the implications for reproductive rights and healthcare in the state.

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