HOUSE AMENDMENT Bill No. HB 285
1	CHAMBER ACTION
2	Senate House
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12	Representative Sobel offered the following:
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14	Amendment (with directory and title amendments)
15	Remove everything after the enacting clause and insert:
16	Section 1. Section 877.269, Florida Statutes, is created
17	to read:
18	877.269 Human Cloning Prohibition and Stem Cell Research
19	Protection Act of 2002; legislative findings and intent.--
20	(1) It is a finding of the Legislature that recent medical
21	and technological advances have had tremendous benefit to
22	patients, and to society as a whole, and that biomedical
23	research for the purpose of scientific investigation of disease
24	or cure of a disease or illness should be preserved and
25	protected and not be impeded by regulations involving the
26	cloning of an entire human being.
27	(2) It is a finding of the Legislature that molecular
28	biology involving human cells, genes, tissues, and organs has
29	been used to meet medical needs globally for 20 years and has
30	proved a powerful tool in the search for cures, leading to
31	effective medicines to treat cystic fibrosis, diabetes, heart
32	disease, stroke, hemophilia, and HIV/AIDS.
33	(3) It is the intent of the Legislature to prohibit the
34	creation of a human being through division and implantation of a
35	blastocyst, zygote, or embryo created through somatic cell
36	nuclear transfer technology and to protect the citizens of this
37	state from potential abuse deriving from cloning technologies.
38	This prohibition is not intended to apply to the cloning of
39	human cells, genes, tissues, or organs that would not result in
40	the replication of an entire human being; nor is this
41	prohibition intended to apply to in vitro fertilization, the
42	administration of fertility-enhancing drugs, or other medical
43	procedures used to assist a woman in becoming or remaining
44	pregnant, so long as that procedure is not specifically intended
45	to result in the gestation or birth of a child who is
46	genetically identical to another conceptus, embryo, fetus, or
47	human being, living or dead.
48	Section 2. Section 877.27, Florida Statutes, is created to
49	read:
50	877.27 Human Cloning Prohibition and Stem Cell Research
51	Protection Act of 2002.--
52	(1) POPULAR NAME.--Sections 877.269 and 877.27 shall be
53	known by the popular name of the "Human Cloning Prohibition and
54	Stem Cell Research Protection Act of 2002."
55	(2) DEFINITIONS.--As used in this section:
56	(a) "Human cloning" means asexual human reproduction
57	accomplished by implanting or attempting to implant the product
58	of nuclear transplantation into a woman's uterus or a substitute
59	for a woman's uterus for the purpose of initiating or attempting
60	to initiate a human pregnancy or to create genetically identical
61	human beings by dividing a blastocyst, zygote, or embryo.
62	(b) "Asexual reproduction" means reproduction not
63	initiated by the union of oocyte and sperm.
64	(c) "Somatic cell" means a diploid cell, having a complete
65	set of chromosomes, obtained or derived from a living or
66	deceased human body at any stage of development.
67	(d) "Nuclear transplantation" means introducing the
68	nuclear material of a human somatic cell into a fertilized or
69	unfertilized oocyte from which the nucleus has been or will be
70	removed or inactivated.
71	(3) CLONING OF HUMAN BEINGS PROHIBITED.--It is unlawful
72	for any person or entity, public or private, to knowingly:
73	(a) Perform or attempt to perform human cloning.
74	(b) Participate or assist in an attempt to perform human
75	cloning.
76	(c) Ship or receive for any purpose an embryo produced by
77	human cloning or any product derived from such embryo.
78	(4) PENALTIES.--
79	(a) Any person who violates any provision of subsection
80	(3) commits a felony of the second degree, punishable as
81	provided in s. 775.082, s. 775.083, or s. 775.084, and shall be
82	sentenced to a minimum term of imprisonment of 10 years.
83	(b) Any person who violates any provision of subsection
84	(3) and derives pecuniary gain from such violation shall be
85	subject to a civil penalty of not less than $1 million and not
86	more than an amount equal to the amount of the gross pecuniary
87	gain derived from the violation multiplied by two, if that
88	amount is greater than $1 million.
89	(5) CONSTRUCTION.--Nothing in this section shall be
90	construed to restrict areas of biomedical, agricultural, and
91	scientific research not specifically prohibited by this section,
92	including using somatic cell nuclear transfer or other cloning
93	technologies to clone molecules, DNA, cells, plants, and
94	tissues.
95	Section 3. This act shall take effect upon becoming a law.
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97	================= T I T L E A M E N D M E N T =================
98	Remove the entire title and insert:
99	A bill to be entitled
100	An act relating to human cloning; creating s. 877.269,
101	F.S.; providing legislative findings and intent; creating
102	s. 877.27, F.S., the "Human Cloning Prohibition and Stem
103	Cell Research Protection Act of 2002"; providing
104	definitions; providing that it is unlawful to perform or
105	attempt to perform human cloning, to participate or assist
106	in an attempt to perform human cloning, or to ship or
107	receive for any purpose an embryo produced by human
108	cloning or any product derived from such embryo; providing
109	criminal and civil penalties; providing construction with
110	respect to scientific research; providing an effective
111	date.