House Bill 1845
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1845
By the Committee on Health Care Licensing & Regulation and
Representatives Fasano, Ogles, Kelly and Villalobos
1 A bill to be entitled
2 An act relating to termination of pregnancies;
3 amending s. 390.011, F.S.; revising the
4 definition of "abortion clinic"; amending s.
5 390.0112, F.S.; conforming reporting
6 requirements; providing additional penalties
7 for failure to file reports of the number of
8 procedures performed; amending s. 390.014,
9 F.S.; increasing the maximum fee for licensure;
10 providing an effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Subsection (2) of section 390.011, Florida
15 Statutes, 1998 Supplement, is amended to read:
16 390.011 Definitions.--As used in this chapter, the
17 term:
18 (2) "Abortion clinic" or "clinic" means any facility
19 in which abortions are performed. The term does not include:
20 (a) a hospital.; or
21 (b) A physician's office, provided that the office is
22 not used primarily for the performance of abortions.
23 Section 2. Section 390.0112, Florida Statutes, is
24 amended to read:
25 390.0112 Termination of pregnancies; reporting;
26 penalties.--
27 (1) The director of any abortion clinic or hospital
28 medical facility in which any pregnancy is terminated shall
29 submit a monthly report which contains the number of
30 procedures performed, the reason for same, and the period of
31 gestation at the time such procedures were performed to the
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Florida House of Representatives - 1999 HB 1845
601-147-99
1 department. The department shall be responsible for keeping
2 such reports in a central place from which statistical data
3 and analysis can be made.
4 (2) If the termination of pregnancy is not performed
5 in a medical facility, the physician performing the procedure
6 shall be responsible for reporting such information as
7 required in subsection (1).
8 (2)(3) Reports submitted pursuant to this section
9 shall be confidential and exempt from the provisions of s.
10 119.07(1) and shall not be revealed except upon the order of a
11 court of competent jurisdiction in a civil or criminal
12 proceeding. This exemption is subject to the Open Government
13 Sunset Review Act in accordance with s. 119.14.
14 (3)(4) Any person required under this section to file
15 a report or keep any records who willfully fails to file such
16 report or keep such records shall may be subject to the
17 following penalties:
18 (a) A $200 fine for the first violation.
19 (b) A $500 fine for the second violation.
20 (c) If the violation occurs a third time, the
21 department shall notify the agency of such violation and the
22 agency shall suspend the license of the abortion clinic or
23 hospital each violation.
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25 The department shall be required to impose such penalties or
26 provide such notification fines when reports or records
27 required under this section have not been timely received. For
28 purposes of this section, timely received is defined as 30
29 days following the preceding month.
30 Section 3. Subsection (3) of section 390.014, Florida
31 Statutes, is amended to read:
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Florida House of Representatives - 1999 HB 1845
601-147-99
1 390.014 Licenses; fees, display, etc.--
2 (3) The annual license fee required for a clinic shall
3 be nonrefundable and shall be reasonably calculated to cover
4 the cost of regulation under this chapter, but may not be less
5 than $35 nor more than $500 $250.
6 Section 4. This act shall take effect October 1, 1999.
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9 HOUSE SUMMARY
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Removes language that excludes a physician's office where
11 abortions are performed from the definition of "abortion
clinic" or "clinic" in provisions regulating termination
12 of pregnancy. Conforms requirements relating to report
of the number of procedures performed in a facility.
13 Provides a $500 fine for a second violation of reporting
requirements, and provides for suspension of the license
14 of an abortion clinic or hospital for a third violation.
Increases the maximum annual license fee for an abortion
15 clinic from $250 to $500.
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