CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 3999
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Sindler offered the following:
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13 Substitute Amendment for Amendment (533465) (with title
14 amendment)
15 Remove from the bill: Everything after the enacting clause
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17 and insert in lieu thereof:
18 Section 1. SHORT TITLE.--This act may be cited as the
19 "Parental Notice of Abortion Act."
20 Section 2. Section 390.011, Florida Statutes, is
21 amended to read:
22 390.011 Definitions.--As used in this chapter, the
23 term:
24 (1) "Abortion" means the termination of human
25 pregnancy with an intention other than to produce a live birth
26 or to remove a dead fetus.
27 (2) "Abortion clinic" or "clinic" means any facility
28 in which abortions are performed. The term does not include:
29 (a) A hospital; or
30 (b) A physician's office, provided that the office is
31 not used primarily for the performance of abortions.
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HOUSE AMENDMENT
Bill No. HB 3999
Amendment No. (for drafter's use only)
1 (3) "Actual notice" means the giving of notice
2 directly, in person, or by telephone.
3 (4)(3) "Agency" means the Agency for Health Care
4 Administration.
5 (5) "Child abuse and neglect" shall have the same
6 meaning as defined in s. 415.503(3) and, as used in this
7 chapter, shall refer to the commission of acts set forth in s.
8 415.503(3) against a minor by a family member as defined in s.
9 741.28(2).
10 (6) "Constructive notice" means notice by certified
11 mail to the last known address of the parent or legal guardian
12 of a minor, with delivery deemed to have occurred 48 hours
13 after the certified notice is mailed.
14 (7)(4) "Department" means the Department of Health.
15 (8)(5) "Hospital" means a facility licensed under
16 chapter 395.
17 (9) "Medical emergency" means a condition that, on the
18 basis of a physician's good faith clinical judgment, so
19 complicates the medical condition of a pregnant woman as to
20 necessitate the immediate termination of her pregnancy to
21 avert her death, or for which a delay in the termination of
22 her pregnancy will create serious risk of substantial and
23 irreversible impairment of a major bodily function.
24 (10)(6) "Physician" means a physician licensed under
25 chapter 458 or chapter 459 or a physician practicing medicine
26 or osteopathic medicine in the employment of the United
27 States.
28 (11) "Sexual abuse" shall have the same meaning as
29 defined in s. 415.503(15) and, as used in this chapter, shall
30 refer to the commission of acts set forth in s. 415.503(15)
31 against a minor by a family member as defined in s. 741.28(2).
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HOUSE AMENDMENT
Bill No. HB 3999
Amendment No. (for drafter's use only)
1 (12)(7) "Third trimester" means the weeks of pregnancy
2 after the 24th week of pregnancy.
3 Section 3. Section 390.0111, Florida Statutes, is
4 amended to read:
5 390.0111 Termination of pregnancies.--
6 (1) TERMINATION IN THIRD TRIMESTER; WHEN ALLOWED.--No
7 termination of pregnancy shall be performed on any human being
8 in the third trimester of pregnancy unless:
9 (a) Two physicians certify in writing to the fact
10 that, to a reasonable degree of medical probability, the
11 termination of pregnancy is necessary to save the life or
12 preserve the health of the pregnant woman; or
13 (b) The physician certifies in writing to the medical
14 necessity for legitimate emergency medical procedures for
15 termination of pregnancy in the last trimester, and another
16 physician is not available for consultation.
17 (2) PERFORMANCE BY PHYSICIAN REQUIRED.--No termination
18 of pregnancy shall be performed at any time except by a
19 physician.
20 (3) CONSENTS REQUIRED.--A termination of pregnancy may
21 not be performed or induced except with the voluntary and
22 informed written consent of the pregnant woman or, in the case
23 of a mental incompetent person, the voluntary and informed
24 written consent of her court-appointed guardian.
25 (a) Except in the case of a medical emergency, consent
26 to a termination of pregnancy is voluntary and informed only
27 if:
28 1. The physician who is to perform the procedure, or
29 the referring physician, has, at a minimum, orally, in person,
30 informed the woman of:
31 a. The nature and risks of undergoing or not
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HOUSE AMENDMENT
Bill No. HB 3999
Amendment No. (for drafter's use only)
1 undergoing the proposed procedure that a reasonable patient
2 would consider material to making a knowing and willful
3 decision of whether to terminate a pregnancy.
4 b. The probable gestational age of the fetus at the
5 time the termination of pregnancy is to be performed.
6 c. The medical risks to the woman and fetus of
7 carrying the pregnancy to term.
8 2. Printed materials prepared and provided by the
9 department have been provided to the pregnant woman, if she
10 chooses to view these materials, including:
11 a. A description of the fetus.
12 b. A list of agencies that offer alternatives to
13 terminating the pregnancy.
14 c. Detailed information on the availability of medical
15 assistance benefits for prenatal care, childbirth, and
16 neonatal care.
17 3. The woman acknowledges in writing, before the
18 termination of pregnancy, that the information required to be
19 provided under this subsection has been provided.
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21 Nothing in this paragraph is intended to prohibit a physician
22 from providing any additional information which the physician
23 deems material to the woman's informed decision to terminate
24 her pregnancy.
25 (b) In the event a medical emergency exists and a
26 physician cannot comply with the requirements for informed
27 consent, a physician may terminate a pregnancy if he or she
28 has obtained at least one corroborative medical opinion
29 attesting to the medical necessity for emergency medical
30 procedures and to the fact that to a reasonable degree of
31 medical certainty the continuation of the pregnancy would
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HOUSE AMENDMENT
Bill No. HB 3999
Amendment No. (for drafter's use only)
1 threaten the life of the pregnant woman. In the event no
2 second physician is available for a corroborating opinion, the
3 physician may proceed but shall document reasons for the
4 medical necessity in the patient's medical records.
5 (c) Violation of this subsection by a physician
6 constitutes grounds for disciplinary action under s. 458.331
7 or s. 459.015. Substantial compliance or reasonable belief
8 that complying with the requirements of informed consent would
9 threaten the life or health of the patient is a defense to any
10 action brought under this paragraph.
11 (4) NOTIFICATION REQUIRED.--
12 (a) A termination of pregnancy may not be performed or
13 induced upon a minor unless the person performing or inducing
14 the termination of pregnancy has given at least 48 hours
15 actual notice to one parent or to the legal guardian of the
16 pregnant minor of his or her intention to perform or induce
17 the termination of pregnancy. The notice may be given by a
18 referring physician. The person who performs the termination
19 of pregnancy must receive the written statement of the
20 referring physician certifying that the referring physician
21 has given notice. If actual notice is not possible after a
22 reasonable effort, the person or his or her agent must give 48
23 hours constructive notice.
24 (b) Notice shall not be required if:
25 1. A medical emergency exists and there is
26 insufficient time for the attending physician to comply with
27 the notification requirements. In the event a medical
28 emergency exists, the physician may terminate the pregnancy if
29 he or she has obtained at least one corroborative medical
30 opinion attesting to the medical necessity for emergency
31 medical procedures. In the event no second physician is
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HOUSE AMENDMENT
Bill No. HB 3999
Amendment No. (for drafter's use only)
1 available for a corroborating opinion, the physician may
2 proceed but shall document reasons for the medical necessity
3 in the patient's medical records;
4 2. Notice is waived in writing by the person who is
5 entitled to notice;
6 3. Notice is waived if the minor is or has been
7 married or has the disability of nonage removed pursuant to s.
8 743.015, or similar statutes of other states;
9 4. Notice is waived if the patient has a minor child
10 dependent on her; or
11 5. Notice is waived under the provisions of subsection
12 (5).
13 (c) Violation of this subsection by a physician
14 constitutes grounds for disciplinary action under s. 458.331
15 or s. 459.015.
16 (5) PROCEDURE FOR JUDICIAL WAIVER OF NOTICE.--
17 (a) A minor may petition any circuit court for a
18 waiver of the notice requirements of subsection (4) and may
19 participate in proceedings on her own behalf. The petition
20 shall include a statement that the complainant is pregnant and
21 notice has not been waived. The court may appoint a guardian
22 ad litem for her. Any guardian ad litem appointed under this
23 subsection shall act to maintain the confidentiality of the
24 proceedings. The circuit court shall advise the minor that she
25 has a right to court-appointed counsel and shall provide her
26 with counsel upon her request. No county shall be obligated to
27 pay the fee, salary, costs, or expenses of any counsel
28 appointed by the court under this section.
29 (b) Court proceedings under this section shall be
30 confidential and shall ensure the anonymity of the minor. All
31 court proceedings under this section shall be sealed. The
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HOUSE AMENDMENT
Bill No. HB 3999
Amendment No. (for drafter's use only)
1 minor shall have the right to file her petition in the circuit
2 court using a pseudonym or using solely her initials. All
3 documents related to this petition shall be confidential and
4 shall not be available to the public. Court proceedings under
5 this section shall be given precedence over other pending
6 matters to the extent necessary to ensure that the court
7 reaches a decision promptly. The court shall rule, and issue
8 written findings of fact and conclusions of law, within 48
9 hours of the time that the petition was filed, except that the
10 48-hour limitation may be extended at the request of the
11 minor. If the court fails to rule within the 48-hour period
12 and an extension was not requested, then the petition shall be
13 deemed to have been granted, and the notice requirement shall
14 be waived.
15 (c) If the court finds, by clear and convincing
16 evidence, that the minor is sufficiently mature to decide
17 whether to terminate her pregnancy, the court shall issue an
18 order authorizing the minor to consent to the performance or
19 inducement of a termination of pregnancy without the
20 notification of a parent or guardian. If the court does not
21 make the finding specified in this paragraph or paragraph (d),
22 it shall dismiss the petition.
23 (d) If the court finds, by clear and convincing
24 evidence, that there is evidence of child abuse or neglect, or
25 sexual abuse of the complainant by one or both of her parents,
26 her guardian, or her custodian, or that the notification of a
27 parent or guardian is not in the best interest of the
28 complainant, the court shall issue an order authorizing the
29 minor to consent to the performance or inducement of a
30 termination of pregnancy without the notification of a parent
31 or guardian. If the court does not make the finding specified
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HOUSE AMENDMENT
Bill No. HB 3999
Amendment No. (for drafter's use only)
1 in this paragraph or paragraph (c), it shall dismiss the
2 petition.
3 (e) A court that conducts proceedings under this
4 section shall issue written and specific factual findings and
5 legal conclusions supporting its decision and shall order that
6 a confidential record of the evidence and the judge's findings
7 and conclusions be maintained. At the hearing, the court shall
8 hear evidence relating to the emotional development, maturity,
9 intellect and understanding of the minor.
10 (f) An expedited confidential appeal shall be
11 available, as the Supreme Court provides by rule, to any minor
12 to whom the circuit court denies a waiver of notice. An order
13 authorizing a termination of pregnancy without notice shall
14 not be subject to appeal.
15 (g) No filing fees shall be required of any pregnant
16 minor who petitions a court for a waiver of parental
17 notification under this subsection at either the trial or the
18 appellate level.
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20 The requirements and procedures under this subsection are
21 available to minors whether or not they are residents of this
22 state.
23 (6)(4) STANDARD OF MEDICAL CARE TO BE USED DURING
24 VIABILITY.--If a termination of pregnancy is performed during
25 viability, no person who performs or induces the termination
26 of pregnancy shall fail to use that degree of professional
27 skill, care, and diligence to preserve the life and health of
28 the fetus which such person would be required to exercise in
29 order to preserve the life and health of any fetus intended to
30 be born and not aborted. "Viability" means that stage of fetal
31 development when the life of the unborn child may with a
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HOUSE AMENDMENT
Bill No. HB 3999
Amendment No. (for drafter's use only)
1 reasonable degree of medical probability be continued
2 indefinitely outside the womb. Notwithstanding the provisions
3 of this subsection, the woman's life and health shall
4 constitute an overriding and superior consideration to the
5 concern for the life and health of the fetus when such
6 concerns are in conflict.
7 (7)(5) EXPERIMENTATION ON FETUS PROHIBITED;
8 EXCEPTION.--No person shall use any live fetus or live,
9 premature infant for any type of scientific, research,
10 laboratory, or other kind of experimentation either prior to
11 or subsequent to any termination of pregnancy procedure except
12 as necessary to protect or preserve the life and health of
13 such fetus or premature infant.
14 (8)(6) FETAL REMAINS.--Fetal remains shall be disposed
15 of in a sanitary and appropriate manner and in accordance with
16 standard health practices, as provided by rule of the
17 department. Failure to dispose of fetal remains in accordance
18 with department rules is a misdemeanor of the second degree,
19 punishable as provided in s. 775.082 or s. 775.083.
20 (9)(7) REFUSAL TO PARTICIPATE IN TERMINATION
21 PROCEDURE.--Nothing in this section shall require any hospital
22 or any person to participate in the termination of a
23 pregnancy, nor shall any hospital or any person be liable for
24 such refusal. No person who is a member of, or associated
25 with, the staff of a hospital, nor any employee of a hospital
26 or physician in which or by whom the termination of a
27 pregnancy has been authorized or performed, who shall state an
28 objection to such procedure on moral or religious grounds
29 shall be required to participate in the procedure which will
30 result in the termination of pregnancy. The refusal of any
31 such person or employee to participate shall not form the
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Bill No. HB 3999
Amendment No. (for drafter's use only)
1 basis for any disciplinary or other recriminatory action
2 against such person.
3 (10)(8) EXCEPTION.--The provisions of this section
4 shall not apply to the performance of a procedure which
5 terminates a pregnancy in order to deliver a live child.
6 (11)(9) PENALTIES FOR VIOLATION.--Except as provided
7 in subsections (3), (4), and (8) (6):
8 (a) Any person who willfully performs, or actively
9 participates in, a termination of a pregnancy procedure in
10 violation of the requirements of this section commits a felony
11 of the third degree, punishable as provided in s. 775.082, s.
12 775.083, or s. 775.084.
13 (b) Any person who performs, or actively participates
14 in, a termination of a pregnancy procedure in violation of the
15 provisions of this section which results in the death of the
16 woman commits a felony of the second degree, punishable as
17 provided in s. 775.082, s. 775.083, or s. 775.084.
18 (12) PROCEEDINGS.--The Supreme Court is requested to
19 adopt rules to ensure that proceedings under this section are
20 handled in an expeditious and confidential manner and in a
21 manner which will satisfy the requirements of state and
22 federal courts.
23 Section 4. If any provision of this act or the
24 application thereof to any person or circumstance is held
25 invalid, the invalidity shall not affect other provisions or
26 applications of the act which can be given effect without the
27 invalid provision or application, and to this end the
28 provisions of this act are declared severable.
29 Section 5. This act shall take effect July 1, 1999.
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HOUSE AMENDMENT
Bill No. HB 3999
Amendment No. (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Remove the entire title of the bill:
4
5 and insert in lieu thereof:
6 An act relating to termination of pregnancies;
7 providing a short title; amending s. 390.011,
8 F.S.; defining additional terms; amending s.
9 390.0111, F.S.; revising provisions relating to
10 terminations of pregnancies; prohibiting the
11 performing or inducement of a termination of
12 pregnancy upon a minor without specified
13 notice; providing disciplinary action for
14 violation; providing notice requirements;
15 providing exceptions; providing procedure for
16 judicial waiver of notice; providing for notice
17 of right to counsel; prohibiting court from
18 requiring counties to pay for such counsel;
19 providing for confidentiality of proceedings;
20 providing for issuance of a court order
21 authorizing consent to a termination of
22 pregnancy without notification; providing for
23 dismissal of petition; requiring the issuance
24 of written findings of fact and legal
25 conclusions; providing for expedited
26 confidential appeal; providing for waiver of
27 filing fees; requesting the Supreme Court to
28 adopt rules; providing for severability;
29 providing an effective date.
30
31 WHEREAS, the Legislature finds that immature minors
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Bill No. HB 3999
Amendment No. (for drafter's use only)
1 often lack the ability to make fully informed choices that
2 take into account both immediate and long-range consequences,
3 and
4 WHEREAS, the medical, emotional, and psychological
5 consequences of abortion are sometimes serious and can be
6 lasting, particularly when the patient is immature, and
7 WHEREAS, the capacity to become pregnant and the
8 capacity for mature judgment concerning the wisdom of an
9 abortion are not necessarily related, and
10 WHEREAS, parents ordinarily possess information
11 essential to a physician's exercise of his or her best medical
12 judgment concerning the child, and
13 WHEREAS, parents who are aware that their minor
14 daughter has had an abortion may better ensure that she
15 receives adequate medical attention after her abortion, and
16 WHEREAS, parental consultation is usually desirable and
17 in the best interests of the minor, and
18 WHEREAS, the Legislature's purpose in enacting parental
19 notice legislation is to further the important and compelling
20 state interests of protecting minors against their own
21 immaturity, fostering family unity and preserving the family
22 as a viable social unit, protecting the constitutional rights
23 of parents to rear children who are members of their
24 household, and reducing teenage pregnancy and unnecessary
25 abortion, NOW, THEREFORE,
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