CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 805, 1st Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Greenstein and Gelber offered the following:
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13 Amendment (with title amendment)
14 Remove everything after the enacting clause
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16 and insert:
17 Section 1. Section 877.269, Florida Statutes, is
18 created to read:
19 877.269 Human Cloning Prohibition and Stem Cell
20 Research Protection Act of 2002; legislative findings and
21 intent.--
22 (1) It is a finding of the Legislature that recent
23 medical and technological advances have had tremendous benefit
24 to patients, and society as a whole, and that biomedical
25 research for the purpose of scientific investigation of
26 disease or cure of a disease or illness should be preserved
27 and protected and not be impeded by regulations involving the
28 cloning of an entire human being.
29 (2) It is a finding of the Legislature that molecular
30 biology involving human cells, genes, tissues, and organs has
31 been used to meet medical needs globally for 20 years and has
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HOUSE AMENDMENT
Bill No. HB 805, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 proved a powerful tool in the search for cures, leading to
2 effective medicines to treat cystic fibrosis, diabetes, heart
3 disease, stroke, hemophilia, and HIV/AIDS.
4 (3) It is the intent of the Legislature to prohibit
5 the creation of a human being through division and
6 implantation of a blastocyst, zygote, or embryo created
7 through somatic cell nuclear transfer technology and to
8 protect the citizens of this state from potential abuse
9 deriving from cloning technologies. This prohibition is not
10 intended to apply to the cloning of human cells, genes,
11 tissues, or organs that would not result in the replication of
12 an entire human being; nor is this prohibition intended to
13 apply to in vitro fertilization, the administration of
14 fertility-enhancing drugs, or other medical procedures used to
15 assist a woman in becoming or remaining pregnant, so long as
16 that procedure is not specifically intended to result in the
17 gestation or birth of a child who is genetically identical to
18 another conceptus, embryo, fetus, or human being, living or
19 dead.
20 Section 2. Section 877.27, Florida Statutes, is
21 created to read:
22 877.27 Human Cloning Prohibition and Stem Cell
23 Research Protection Act of 2002.--
24 (1) SHORT TITLE.--Sections 877.269 and 877.27 may be
25 cited as the "Human Cloning Prohibition and Stem Cell Research
26 Protection Act of 2002."
27 (2) DEFINITIONS.--As used in this section:
28 (a) "Human cloning" means asexual human reproduction
29 accomplished by implanting or attempting to implant the
30 product of nuclear transplantation into a woman's uterus or a
31 substitute for a woman's uterus for the purpose of initiating
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HOUSE AMENDMENT
Bill No. HB 805, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 or attempting to initiate a human pregnancy or to create
2 genetically identical human beings by dividing a blastocyst,
3 zygote, or embryo.
4 (b) "Asexual reproduction" means reproduction not
5 initiated by the union of oocyte and sperm.
6 (c) "Somatic cell" means a diploid cell (having a
7 complete set of chromosomes) obtained or derived from a living
8 or deceased human body at any stage of development.
9 (d) "Nuclear transplantation" means introducing the
10 nuclear material of a human somatic cell into a fertilized or
11 unfertilized oocyte from which the nucleus has been or will be
12 removed or inactivated.
13 (3) CLONING OF HUMAN BEINGS PROHIBITED.--It is
14 unlawful for any person or entity, public or private, to
15 knowingly:
16 (a) Perform or attempt to perform human cloning.
17 (b) Participate or assist in an attempt to perform
18 human cloning.
19 (c) Ship or receive for any purpose an embryo produced
20 by human cloning or any product derived from such embryo.
21 (4) PENALTIES.--
22 (a) Any person who violates any provision of
23 subsection (3) commits a felony of the second degree,
24 punishable as provided in s. 775.082, s. 775.083, or s.
25 775.084, and shall be sentenced to a minimum term of
26 imprisonment of 10 years.
27 (b) Any person who violates any provision of
28 subsection (3) and derives pecuniary gain from such violation
29 shall be subject to a civil penalty of not less than $1
30 million and not more than an amount equal to the amount of the
31 gross pecuniary gain derived from the violation multiplied by
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HOUSE AMENDMENT
Bill No. HB 805, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 two, if that amount is greater than $1 million.
2 (5) CONSTRUCTION.--Nothing in this section shall be
3 construed to restrict areas of biomedical, agricultural, and
4 scientific research not specifically prohibited by this
5 section, including using somatic cell nuclear transfer or
6 other cloning technologies to clone molecules, DNA, cells,
7 plants, and tissues.
8 Section 3. This act shall take effect upon becoming a
9 law.
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13 And the title is amended as follows:
14 remove: the entire title
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16 and insert:
17 A bill to be entitled
18 An act relating to human cloning; creating s.
19 877.269, F.S.; providing legislative findings
20 and intent; creating s. 877.27, F.S., the
21 "Human Cloning Prohibition and Stem Cell
22 Research Protection Act of 2002"; providing
23 definitions; providing that it is unlawful to
24 perform or attempt to perform human cloning, to
25 participate or assist in an attempt to perform
26 human cloning, or to ship or receive for any
27 purpose an embryo produced by human cloning or
28 any product derived from such embryo; providing
29 a penalty; providing civil penalties; providing
30 construction with respect to scientific
31 research; providing an effective date.
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HOUSE AMENDMENT
Bill No. HB 805, 1st Eng.
Amendment No. ___ (for drafter's use only)
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File original & 9 copies 03/11/02
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