CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 1598
Amendment No.
CHAMBER ACTION
Senate House
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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
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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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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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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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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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Amendment No.
1 Delete everything before the enacting clause,
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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.
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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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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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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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