Senate Bill 1876

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    Florida Senate - 1999                                  SB 1876

    By Senator Clary





    12-927A-99

  1                      A bill to be entitled

  2         An act relating to termination of pregnancies;

  3         amending s. 390.011, F.S.; redefining the term

  4         "abortion clinic"; amending s. 390.0112, F.S.;

  5         conforming reporting requirements; providing

  6         penalties for failing to file reports; amending

  7         s. 390.014, F.S.; increasing the maximum

  8         licensure fee; providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Subsection (2) of section 390.011, Florida

13  Statutes, 1998 Supplement, is amended to read:

14         390.011  Definitions.--As used in this chapter, the

15  term:

16         (2)  "Abortion clinic" or "clinic" means any facility

17  in which abortions are performed.  The term does not include:

18         (a)  a hospital; or

19         (b)  A physician's office, provided that the office is

20  not used primarily for the performance of abortions.

21         Section 2.  Section 390.0112, Florida Statutes, is

22  amended to read:

23         390.0112  Termination of pregnancies; reporting;

24  penalties.--

25         (1)  The director of any abortion clinic or hospital

26  medical facility in which any pregnancy is terminated shall

27  submit a monthly report which contains the number of

28  procedures performed, the reason for same, and the period of

29  gestation at the time such procedures were performed to the

30  department. The department shall be responsible for keeping

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    Florida Senate - 1999                                  SB 1876
    12-927A-99




  1  such reports in a central place from which statistical data

  2  and analysis can be made.

  3         (2)  If the termination of pregnancy is not performed

  4  in a medical facility, the physician performing the procedure

  5  shall be responsible for reporting such information as

  6  required in subsection (1).

  7         (2)(3)  Reports submitted pursuant to this section

  8  shall be confidential and exempt from the provisions of s.

  9  119.07(1) and shall not be revealed except upon the order of a

10  court of competent jurisdiction in a civil or criminal

11  proceeding. This exemption is subject to the Open Government

12  Sunset Review Act in accordance with s. 119.14.

13         (3)(4)  Any person required under this section to file

14  a report or keep any records who willfully fails to file such

15  report or keep such records is may be subject to the following

16  penalties:

17         (a)  A $200 fine for the first each violation.

18         (b)  A $500 fine for the second violation.

19         (c)  If the violation occurs a third time, the

20  department shall notify the agency of the violation, and the

21  agency shall suspend the license of the abortion clinic or

22  hospital.

23

24  The department shall be required to impose such penalties or

25  provide such notification fines when reports or records

26  required under this section have not been timely received. For

27  purposes of this section, timely received is defined as 30

28  days following the preceding month.

29         Section 3.  Subsection (3) of section 390.014, Florida

30  Statutes, is amended to read:

31         390.014  Licenses; fees, display, etc.--

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    Florida Senate - 1999                                  SB 1876
    12-927A-99




  1         (3)  The annual license fee required for a clinic shall

  2  be nonrefundable and shall be reasonably calculated to cover

  3  the cost of regulation under this chapter, but may not be less

  4  than $35 nor more than $500 $250.

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

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  8                          SENATE SUMMARY

  9    Redefines the term "abortion clinic" as used in ch. 390,
      F.S. Provides mandatory penalties for failing to file
10    reports on termination of pregnancy procedures. Increases
      the maximum amount of the annual license fee for an
11    abortion clinic.

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