Florida Senate - 2026 SB By Senator Yarborough 4-00820-26 2026670__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to the right of medical conscience of health care providers and health care payors; amending s. 381.00321, F.S.; authorizing a health care provider or health care payor to commence certain civil actions if the Attorney General does not commence a civil action within a specified timeframe for an alleged violation of the provider’s or payor’s right of medical conscience; authorizing such a provider or payor to assert the alleged violation as a defense in judicial or administrative proceedings; providing an effective date. 12

Be It Enacted by the Legislature of the State of Florida: 14

Section 1. Subsection (4) of

section 381.00321, Florida Statutes, is amended to read: 17 381.00321 The right of medical conscience of health care providers and health care payors.— 19

(4) ENFORCEMENT.—A health care provider or health care payor may file a complaint with the Attorney General alleging any violation of this section. 22

(

a) If the Attorney General determines there has been a violation of this section, the Attorney General may commence a civil action for damages, injunctive relief, or any other appropriate relief, including attorney fees.

For the purpose of conducting an investigation, the Attorney General may administer oaths; take depositions; make inspections when authorized by law; issue subpoenas supported by affidavit; serve subpoenas and Florida Senate - 2026 SB 670 4-00820-26 2026670__ CODING: Words stricken are deletions; words underlined are additions. other process; and compel the attendance of witnesses and the production of books, papers, documents, and other evidence. The Department of Legal Affairs may adopt rules to implement this subsection. 33

(

b) If the Attorney General does not commence a civil action within days after the filing of the complaint, a health care provider or health care payor may commence a civil action for damages, injunctive relief, or any other appropriate relief, including attorney fees, or assert a violation of this

section as a defense in a judicial or administrative proceeding. 39

Section 2. This act shall take effect July 1, 2026. 40