CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Bronson moved the following substitute for amendment

12  (984346):

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14         Senate Amendment (with title amendment) 

15         Delete everything after the enacting clause

16

17  and insert:

18         Section 1.  Section 390.01115, Florida Statutes, is

19  created to read:

20         390.01115  Parental Notice of Abortion Act.--

21         (1)  SHORT TITLE.--This section may be cited as the

22  "Parental Notice of Abortion Act."

23         (2)  DEFINITIONS.--As used in this section, the term:

24         (a) "Actual notice" means notice that is given

25  directly, in person, or by telephone.

26         (b)  "Child abuse" has the meaning ascribed in s.

27  39.0015(3) and refers to the acts of child abuse against a

28  minor by a family member as defined in s. 741.28(2).

29         (c)  "Constructive notice" means notice that is given

30  by certified mail to the last known address of the parent or

31  legal guardian of a minor, with delivery deemed to have

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  occurred 48 hours after the certified notice is mailed.

 2         (d)  "Medical emergency" means a condition that, on the

 3  basis of a physician's good-faith clinical judgment, so

 4  complicates the medical condition of a pregnant woman as to

 5  necessitate the immediate termination of her pregnancy to

 6  avert her death, or for which a delay in the termination of

 7  her pregnancy will create serious risk of substantial and

 8  irreversible impairment of a major bodily function.

 9         (e)  "Sexual abuse" has the meaning ascribed in s.

10  39.01 and refers to the acts of sexual abuse against a minor

11  by a family member as defined in s. 741.28(2).

12         (3)  NOTIFICATION REQUIRED.--

13         (a)  A termination of pregnancy may not be performed or

14  induced upon a minor unless the physician performing or

15  inducing the termination of pregnancy has given at least 48

16  hours' actual notice to one parent or to the legal guardian of

17  the pregnant minor of his or her intention to perform or

18  induce the termination of pregnancy. The notice may be given

19  by a referring physician. The physician who performs the

20  termination of pregnancy must receive the written statement of

21  the referring physician certifying that the referring

22  physician has given notice. If actual notice is not possible

23  after a reasonable effort has been made, the physician or his

24  or her agent must give 48 hours' constructive notice.

25         (b)  Notice is not required if:

26         1.  A medical emergency exists and there is

27  insufficient time for the attending physician to comply with

28  the notification requirements. If a medical emergency exists,

29  the physician may proceed but must document reasons for the

30  medical necessity in the patient's medical records;

31         2.  Notice is waived in writing by the person who is

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  entitled to notice;

 2         3.  Notice is waived by the minor who is or has been

 3  married or has had the disability of nonage removed under s.

 4  743.015 or a similar statute of another state;

 5         4.  Notice is waived by the patient because the patient

 6  has a minor child dependent on her; or

 7         5.  Notice is waived under subsection (4).

 8         (c)  Violation of this subsection by a physician

 9  constitutes grounds for disciplinary action under s. 458.331

10  or s. 459.015.

11         (4)  PROCEDURE FOR JUDICIAL WAIVER OF NOTICE.--

12         (a)  A minor may petition any circuit court for a

13  waiver of the notice requirements of subsection (3) and may

14  participate in proceedings on her own behalf. The petition

15  must include a statement that the petitioner is pregnant and

16  notice has not been waived. The court may appoint a guardian

17  ad litem for her. A guardian ad litem appointed under this

18  subsection shall act to maintain the confidentiality of the

19  proceedings. The circuit court shall advise the minor that she

20  has a right to court-appointed counsel and shall provide her

21  with counsel upon her request.

22         (b)  Court proceedings under this subsection must be

23  given precedence over other pending matters to the extent

24  necessary to ensure that the court reaches a decision

25  promptly. The court shall rule, and issue written findings of

26  fact and conclusions of law, within 48 hours after the

27  petition is filed, except that the 48-hour limitation may be

28  extended at the request of the minor. If the court fails to

29  rule within the 48-hour period and an extension has not been

30  requested, the petition is granted, and the notice requirement

31  is waived.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1         (c)  If the court finds, by clear evidence, that the

 2  minor is sufficiently mature to decide whether to terminate

 3  her pregnancy, the court shall issue an order authorizing the

 4  minor to consent to the performance or inducement of a

 5  termination of pregnancy without the notification of a parent

 6  or guardian. If the court does not make the finding specified

 7  in this paragraph or paragraph (d), it must dismiss the

 8  petition.

 9         (d)  If the court finds, by clear evidence, that there

10  is evidence of child abuse or sexual abuse of the petitioner

11  by one or both of her parents or her guardian, or that the

12  notification of a parent or guardian is not in the best

13  interest of the petitioner, the court shall issue an order

14  authorizing the minor to consent to the performance or

15  inducement of a termination of pregnancy without the

16  notification of a parent or guardian. If the court does not

17  make the finding specified in this paragraph or paragraph (c),

18  it must dismiss the petition.

19         (e)  A court that conducts proceedings under this

20  section shall provide for a written transcript of all

21  testimony and proceedings and issue written and specific

22  factual findings and legal conclusions supporting its decision

23  and shall order that a confidential record of the evidence and

24  the judge's findings and conclusions be maintained. At the

25  hearing, the court shall hear evidence relating to the

26  emotional development, maturity, intellect, and understanding

27  of the minor.

28         (f)  An expedited confidential appeal shall be

29  available, as the Supreme Court provides by rule, to any minor

30  to whom the circuit court denies a waiver of notice. An order

31  authorizing a termination of pregnancy without notice is not

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  subject to appeal.

 2         (g)  No filing fees or court costs shall be required of

 3  any pregnant minor who petitions a court for a waiver of

 4  parental notification under this subsection at either the

 5  trial or the appellate level.

 6         (h)  No county shall be obligated to pay the salaries,

 7  costs, or expenses of any counsel appointed by the court under

 8  this subsection.

 9         (5)  PROCEEDINGS.--The Supreme Court is requested to

10  adopt rules and forms for petitions to ensure that proceedings

11  under subsection (4) are handled expeditiously and in a manner

12  that will satisfy the requirements of state and federal

13  courts.

14         (6)  REPORT.--The Supreme Court, through the Office of

15  the State Courts Administrator, shall report by February 1 of

16  each year to the Governor, the President of the Senate, and

17  the Speaker of the House of Representatives on the number of

18  petitions filed under subsection (4) for the preceding year,

19  and the timing and manner of disposal of such petitions by

20  each circuit court.

21         Section 2.  If any provision of this act or the

22  application thereof to any person or circumstance is held

23  invalid, the invalidity shall not affect other provisions or

24  applications of the act which can be given effect without the

25  invalid provision or application, and to this end the

26  provisions of this act are declared severable.

27         Section 3.  This act shall take effect July 1, 1999.

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30  ================ T I T L E   A M E N D M E N T ===============

31  And the title is amended as follows:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1         Delete everything before the enacting clause,

 2

 3  and insert:

 4                      A bill to be entitled

 5         An act relating to termination of pregnancies;

 6         creating s. 390.01115, F.S.; providing a short

 7         title; defining terms; prohibiting the

 8         performing or inducement of a termination of

 9         pregnancy upon a minor without specified

10         notice; providing disciplinary action for

11         violation; prescribing notice requirements;

12         providing exceptions; prescribing procedure for

13         judicial waiver of notice; providing for notice

14         of right to counsel; providing for issuance of

15         a court order authorizing consent to a

16         termination of pregnancy without notification;

17         providing for dismissal of petitions; requiring

18         the issuance of written findings of fact and

19         legal conclusions; providing for expedited

20         appeal; providing for waiver of filing fees and

21         court costs; precluding assumption of certain

22         expenses by counties; requesting the Supreme

23         Court to adopt rules; requiring the Supreme

24         Court to report annually to the Governor and

25         the Legislature; providing for severability;

26         providing an effective date.

27

28         WHEREAS, the Legislature finds that immature minors

29  often lack the ability to make fully informed choices that

30  take into account both immediate and long-range consequences,

31  and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1         WHEREAS, the unique medical, emotional, and

 2  psychological consequences of abortion are sometimes serious

 3  and can be lasting, particularly when the patient is immature,

 4  and

 5         WHEREAS, the capacity to become pregnant and the

 6  capacity for mature judgment concerning the wisdom of an

 7  abortion are not necessarily related, and

 8         WHEREAS, parents ordinarily possess information

 9  essential to a physician's exercise of his or her best medical

10  judgment concerning the child, and

11         WHEREAS, parents who are aware that their minor

12  daughter has had an abortion may better ensure that she

13  receives adequate medical attention after her abortion, and

14         WHEREAS, parental consultation is usually desirable and

15  in the best interests of the minor, and

16         WHEREAS, the Legislature's purpose in enacting parental

17  notice legislation is to further the important and compelling

18  state interests of protecting minors against their own

19  immaturity, fostering family unity and preserving the family

20  as a viable social unit, protecting the constitutional rights

21  of parents to rear children who are members of their

22  household, and reducing teenage pregnancy and unnecessary

23  abortion, and

24         WHEREAS, further legislative purposes are to ensure

25  that parents are able to meet their high duty to seek out and

26  follow medical advice pertaining to their children, stay

27  apprised of the medical needs and physical condition of their

28  children, and recognize complications that might arise

29  following medical procedures or services, to preserve the

30  right of parents to pursue a civil action on behalf of their

31  child before expiration of the statute of limitations period,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  if a facility or physician commits medical malpractice that

 2  results in injury to a child, and to prevent, detect, and

 3  prosecute batteries, rapes, and other crimes committed upon

 4  minors, and

 5         WHEREAS, previous legislation requiring the consent of

 6  parents before a physician performed an abortion on their

 7  daughter was struck down by the Florida Supreme Court on the

 8  basis of the constitutional right of privacy, in the case of

 9  In Re: T.W., and this legislation is designed to extend the

10  protection of the law to minor girls and their parents in

11  accordance with the State Constitution, NOW, THEREFORE,

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