HOUSE AMENDMENT

                                                   Bill No. HB 583

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Bloom offered the following:

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13         Substitute Amendment for Amendment (821673) 

14         On page 1,

15  remove from the bill:  everything after the enacting clause

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17  and insert in lieu thereof:

18         Section 1.  Section 782.30, Florida Statutes, is

19  created to read:

20         782.30  Short title.--Sections 782.30-782.36 may be

21  cited as the "Partial-Birth Abortion Act."

22         Section 2.  Section 782.32, Florida Statutes, is

23  created to read:

24         782.32  Definitions.--As used in this act, the term:

25         (1)  "Partially born" means the living fetus's intact

26  body, with the entire head attached, is presented so that:

27         (a)  There has been delivered past the mother's vaginal

28  opening:

29         1.  The fetus's entire head, in the case of a cephalic

30  presentation, up until the point of complete separation from

31  the mother whether or not the placenta has been delivered or

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    File original & 9 copies    04/11/00
    hmo0008                     03:24 pm         00583-0106-942709




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 583

    Amendment No.     (for drafter's use only)





 1  the umbilical cord has been severed; or

 2         2.  Any portion of the fetus's torso above the navel,

 3  in the case of a breech presentation, up until the point of

 4  complete separation from the mother whether or not the

 5  placenta has been delivered or the umbilical cord has been

 6  severed.

 7         (b)  There has been delivered outside the mother's

 8  abdominal wall:

 9         1.  The fetus's entire head, in the case of a cephalic

10  presentation, up until the point of complete separation from

11  the mother whether or not the placenta has been delivered or

12  the umbilical cord has been severed; or

13         2.  Any portion of the child's torso above the navel,

14  in the case of a breech presentation, up until the point of

15  complete separation from the mother whether or not the

16  placenta has been delivered or the umbilical cord has been

17  severed.

18         (2)  "Living fetus" means any unborn member of the

19  human species who has a heartbeat or discernible spontaneous

20  movement.

21         (3)  "Suction or sharp curettage abortion" means an

22  abortion, as defined in chapter 390, in which the developing

23  fetus and the products of conception are evacuated from the

24  uterus through a suction cannula with an attached vacuum

25  apparatus or with a sharp curette.

26         Section 3.  Section 782.34, Florida Statutes, is

27  created to read:

28         782.34  Partial-birth abortion.--Except as provided in

29  s. 782.36, any person who intentionally kills a living fetus

30  while that fetus is partially born commits the crime of

31  partial-birth abortion, which is a felony of the second

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    File original & 9 copies    04/11/00
    hmo0008                     03:24 pm         00583-0106-942709




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 583

    Amendment No.     (for drafter's use only)





 1  degree, punishable as provided in s. 775.082, s. 775.083, or

 2  s. 775.084.

 3         Section 4.  Section 782.36, Florida Statutes, is

 4  created to read:

 5         782.36  Exceptions.--

 6         (1)  This act does not apply to a suction or sharp

 7  curettage abortion.

 8         (2)  This act does not constitute implicit approval of

 9  other types of abortion, which remain subject to all other

10  applicable laws of this state.

11         (3)  This act does not prohibit a physician from taking

12  such measures as are necessary to save the life or health of a

13  mother.

14         Section 5.  Any member of the Legislature of the State

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

16  to intervene in any legal action challenging the

17  constitutionality of this act.

18         Section 6.  This act shall be liberally construed to

19  effectively carry out its purposes. In the event of conflict

20  between this act and any other provision of law, the

21  provisions of this act shall govern.

22         Section 7.  If any provision of this act or the

23  application thereof to any person or circumstance is held

24  invalid, the invalidity does not affect other provisions or

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

26  invalid provision or application, and to this end the

27  provisions of this act are declared severable.

28         Section 8.  This act shall take effect upon becoming a

29  law.

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    File original & 9 copies    04/11/00
    hmo0008                     03:24 pm         00583-0106-942709