Amendment
Bill No. 0001
Amendment No. 305375
CHAMBER ACTION
Senate House
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1Representative Richardson offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the resolving clause and insert:
5     That the creation of Section 22 of Article X of the State
6Constitution set forth below is agreed to and shall be submitted
7to the electors of Florida for approval or rejection at the
8general election to be held in November 2004:
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ARTICLE X
10
MISCELLANEOUS
11     SECTION 22.  Parental notice of abortion.--
12     (a)  Notwithstanding the right of privacy provided in
13Article I, Section 23, the legislature shall by general law
14require a physician to notify the parent or guardian of a
15pregnant minor at least 48 hours before the physician terminates
16the minor's pregnancy. The legislature may not require such
17notification if:
18     (1)  A documented medical emergency exists and there is
19insufficient time for the physician to notify the parent or
20guardian.
21     (2)  The minor is or has been married or has had the
22disability of nonage removed.
23     (3)  A circuit court has waived the notice requirement
24based upon any of the following grounds:
25     a.  There is evidence of child abuse or sexual abuse of the
26minor by one or both of the minor's parents or by the guardian;
27or
28     b.  The notification of a parent or guardian is not in the
29best interest of the minor.
30     (b)  In a judicial proceeding brought pursuant to paragraph
31(a)(3), the court must:
32     (1)  Give the proceeding precedence over other matters to
33ensure that the court reaches a decision promptly;
34     (2)  Maintain written transcripts of all testimony and
35proceedings;
36     (3)  Provide for an expedited and confidential appeal; and
37     (4)  Waive any requirements for filing fees or court costs.
38     BE IT FURTHER RESOLVED that the title and substance of the
39amendment proposed herein shall appear on the ballot as follows:
40
PARENTAL NOTIFICATION OF A MINOR'S TERMINATION OF PREGNANCY
41     Proposes the creation of Section 22 of Article X of the
42State Constitution stipulating that the Legislature,
43notwithstanding the constitutional right of privacy, enact
44legislation requiring a physician to notify the parent or
45guardian of a pregnant minor at least 48 hours before
46terminating the minor's pregnancy; providing that such
47notification is not required if a documented medical emergency
48exists and there is insufficient time to provide notice, if the
49minor is or has been married or has had the disability of nonage
50removed, or if the circuit court waives the notice requirement
51based on a finding of child abuse or sexual abuse by the parent
52or guardian of the minor or finds that such notification is not
53in the best interest of the minor; and requiring that any court
54proceeding be expeditious and confidential, that written
55transcripts be maintained, and that filing fees and court costs
56be waived.
57
58================= T I T L E  A M E N D M E N T =================
59     Remove the entire and insert:
60
House Joint Resolution
61A joint resolution proposing the creation of Section 22 of
62Article X of the State Constitution, relating to
63miscellaneous matters, to require the Legislature to enact
64legislation providing for the notification of a pregnant
65minor's parent or guardian prior to termination of the
66pregnancy and setting requirements and conditions
67therefor.


CODING: Words stricken are deletions; words underlined are additions.