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 amendment:

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13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Section 390.01115, Florida Statutes, is

18  created to read:

19         390.01115  Parental Notice of Abortion Act.--

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

21  "Parental Notice of Abortion Act."

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

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

24  directly, in person, or by telephone.

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

26  39.0015(3) and refers to the acts of child abuse against a

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

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

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

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

31  occurred 48 hours after the certified notice is mailed.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





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

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

 3  complicates the medical condition of a pregnant woman as to

 4  necessitate the immediate termination of her pregnancy to

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

 6  her pregnancy will create serious risk of substantial and

 7  irreversible impairment of a major bodily function.

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

 9  39.01 and refers to the acts of sexual abuse against a minor

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

11         (3)  NOTIFICATION REQUIRED.--

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

13  induced upon a minor unless the physician performing or

14  inducing the termination of pregnancy has given at least 48

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

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

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

18  by a referring physician. The physician who performs the

19  termination of pregnancy must receive the written statement of

20  the referring physician certifying that the referring

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

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

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

24         (b)  Notice is not 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. If a medical emergency exists,

28  the physician may proceed but must document reasons for the

29  medical necessity in the patient's medical records;

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

31  entitled to notice;

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





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

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

 3  743.015 or a similar statute of another state;

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

 5  has a minor child dependent on her; or

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

 7         (c)  Violation of this subsection by a physician

 8  constitutes grounds for disciplinary action under s. 458.331

 9  or s. 459.015.

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

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

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

13  participate in proceedings on her own behalf. The petition

14  must include a statement that the petitioner is pregnant and

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

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

17  subsection shall act to maintain the confidentiality of the

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

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

20  with counsel upon her request.

21         (b)  Court proceedings under this subsection must be

22  given precedence over other pending matters to the extent

23  necessary to ensure that the court reaches a decision

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

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

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

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

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

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

30  is waived.

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  minor is sufficiently mature to decide whether to terminate

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

 3  minor to consent to the performance or inducement of a

 4  termination of pregnancy without the notification of a parent

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

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

 7  petition.

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

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

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

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

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

13  authorizing the minor to consent to the performance or

14  inducement of a termination of pregnancy without the

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

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

17  it must dismiss the petition.

18         (e)  A court that conducts proceedings under this

19  section shall provide for a written transcript of all

20  testimony and proceedings and issue written and specific

21  factual findings and legal conclusions supporting its decision

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

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

24  hearing, the court shall hear evidence relating to the

25  emotional development, maturity, intellect, and understanding

26  of the minor.

27         (f)  An expedited confidential appeal shall be

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

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

30  authorizing a termination of pregnancy without notice is not

31  subject to appeal.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





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

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

 3  parental notification under this subsection at either the

 4  trial or the appellate level.

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

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

 7  this subsection.

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

 9  adopt rules and forms for petitions to ensure that proceedings

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

11  that will satisfy the requirements of state and federal

12  courts.

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

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

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

16  the Speaker of the House of Representatives on the number of

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

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

19  each circuit court.

20         Section 2.  Any member of the Legislature of the State

21  of Florida who sponsored or cosponsored this act has the right

22  to intervene in any legal action challenging the

23  constitutionality of this act.

24         Section 3.  If any provision of this act or the

25  application thereof to any person or circumstance is held

26  invalid, the invalidity shall not affect other provisions or

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

28  invalid provision or application, and to this end the

29  provisions of this act are declared severable.

30         Section 4.  This act shall take effect July 1, 1999.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





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

 2  And the title is amended as follows:

 3         Delete everything before the enacting clause,

 4

 5  and insert:

 6                      A bill to be entitled

 7         An act relating to termination of pregnancies;

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

 9         title; defining terms; prohibiting the

10         performing or inducement of a termination of

11         pregnancy upon a minor without specified

12         notice; providing disciplinary action for

13         violation; prescribing notice requirements;

14         providing exceptions; prescribing procedure for

15         judicial waiver of notice; providing for notice

16         of right to counsel; providing for issuance of

17         a court order authorizing consent to a

18         termination of pregnancy without notification;

19         providing for dismissal of petitions; requiring

20         the issuance of written findings of fact and

21         legal conclusions; providing for expedited

22         appeal; providing for waiver of filing fees and

23         court costs; precluding assumption of certain

24         expenses by counties; requesting the Supreme

25         Court to adopt rules; requiring the Supreme

26         Court to report annually to the Governor and

27         the Legislature; allowing legislative sponsors

28         of this act to intervene in certain legal

29         actions; providing for severability; providing

30         an effective date.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1         WHEREAS, the Legislature finds that immature minors

 2  often lack the ability to make fully informed choices that

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

 4  and

 5         WHEREAS, the unique medical, emotional, and

 6  psychological consequences of abortion are sometimes serious

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

 8  and

 9         WHEREAS, the capacity to become pregnant and the

10  capacity for mature judgment concerning the wisdom of an

11  abortion are not necessarily related, and

12         WHEREAS, parents ordinarily possess information

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

14  judgment concerning the child, and

15         WHEREAS, parents who are aware that their minor

16  daughter has had an abortion may better ensure that she

17  receives adequate medical attention after her abortion, and

18         WHEREAS, parental consultation is usually desirable and

19  in the best interests of the minor, and

20         WHEREAS, the Legislature's purpose in enacting parental

21  notice legislation is to further the important and compelling

22  state interests of protecting minors against their own

23  immaturity, fostering family unity and preserving the family

24  as a viable social unit, protecting the constitutional rights

25  of parents to rear children who are members of their

26  household, and reducing teenage pregnancy and unnecessary

27  abortion, and

28         WHEREAS, further legislative purposes are to ensure

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

30  follow medical advice pertaining to their children, stay

31  apprised of the medical needs and physical condition of their

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  children, and recognize complications that might arise

 2  following medical procedures or services, to preserve the

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

 4  child before expiration of the statute of limitations period,

 5  if a facility or physician commits medical malpractice that

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

 7  prosecute batteries, rapes, and other crimes committed upon

 8  minors, and

 9         WHEREAS, previous legislation requiring the consent of

10  parents before a physician performed an abortion on their

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

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

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

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

15  accordance with the State Constitution, NOW, THEREFORE,

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