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Bill > H0059


FL H0059

FL H0059
Pregnant Women in Custody


summary

Introduced
09/29/2025
In Committee
10/07/2025
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

An act relating to pregnant women in custody; providing a short title; creating s. 907.033, F.S.; requiring that every female who is arrested and not released on bond within 72 hours after arrest be administered a pregnancy test within a specified timeframe upon her request; requiring that each municipal detention facility or county detention facility notify each arrested female upon booking at the facility of her right to request a pregnancy test; specifying the methods of conducting the pregnancy test; defining the term "female"; creating s. 925.13, F.S.; defining the term "pregnant woman"; authorizing a sentencing court to stay the beginning of the period of incarceration for up to a certain amount of time for a pregnant woman convicted of any offense; requiring the court to consider specified factors in determining whether to grant a pregnant woman's request to stay the beginning of the period of incarceration; requiring the court to explain in writing its reasons for granting a stay of incarceration; authorizing a sentencing court to order a pregnant woman to comply with specified terms and conditions during the stay of incarceration; requiring that, within 10 days after the end of the stay of hb59-00 HB 59 incarceration and the commencement of the woman's incarceration, she be offered and receive, upon her request, a specified assessment and services; authorizing a judge to impose specified sanctions for another criminal conviction or a violation of any of the terms and conditions imposed by the sentencing judge; requiring municipal and county detention facilities to collect and report to the Department of Corrections, and requiring the department to collect from its own institutions, specified information; requiring the department to compile such information and publish it on its public website; providing requirements for such publication; providing an effective date.

AI Summary

This bill, named "Ava's Law," establishes new provisions for pregnant women in custody by requiring municipal and county detention facilities to offer pregnancy testing to female arrestees who are held for more than 72 hours and creating a legal mechanism for staying the incarceration of pregnant women. The bill mandates that detention facilities notify female arrestees of their right to request a pregnancy test within 24 hours of booking, which can be conducted through various methods such as urine or blood samples, or ultrasound. For pregnant women convicted of an offense, the sentencing court may stay the beginning of incarceration for up to 12 weeks after giving birth, taking into consideration factors like the severity of the offense, prior convictions, victim rights, and the health and safety of the unborn child. If a stay is granted, the court must provide written justification and may impose specific conditions on the pregnant woman. The bill also requires that within 10 days of beginning her sentence, the woman must be offered a postpartum assessment and supportive services. Additionally, the Department of Corrections must collect and publish quarterly statistical information about pregnant women in custody, such as the number of sentence stays, births, complications, and miscarriages, while maintaining individual confidentiality. The law is set to take effect on July 1, 2026.

Committee Categories

Justice

Sponsors (3)

Last Action

1st Reading (Original Filed Version) (on 01/13/2026)

bill text


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