1 | Representative Richardson offered the following: |
2 |
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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 |
6 | Constitution set forth below is agreed to and shall be submitted |
7 | to the electors of Florida for approval or rejection at the |
8 | general election to be held in November 2004: |
9 | ARTICLE X |
10 | MISCELLANEOUS |
11 | SECTION 22. Parental notice of abortion.-- |
12 | (a) Notwithstanding the right of privacy provided in |
13 | Article I, Section 23, the legislature shall by general law |
14 | require a physician to notify the parent or guardian of a |
15 | pregnant minor at least 48 hours before the physician terminates |
16 | the minor's pregnancy. The legislature may not require such |
17 | notification if: |
18 | (1) A documented medical emergency exists and there is |
19 | insufficient time for the physician to notify the parent or |
20 | guardian. |
21 | (2) The minor is or has been married or has had the |
22 | disability of nonage removed. |
23 | (3) A circuit court has waived the notice requirement |
24 | based upon any of the following grounds: |
25 | a. There is evidence of child abuse or sexual abuse of the |
26 | minor by one or both of the minor's parents or by the guardian; |
27 | or |
28 | b. The notification of a parent or guardian is not in the |
29 | best 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 |
33 | ensure that the court reaches a decision promptly; |
34 | (2) Maintain written transcripts of all testimony and |
35 | proceedings; |
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 |
39 | amendment 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 |
42 | State Constitution stipulating that the Legislature, |
43 | notwithstanding the constitutional right of privacy, enact |
44 | legislation requiring a physician to notify the parent or |
45 | guardian of a pregnant minor at least 48 hours before |
46 | terminating the minor's pregnancy; providing that such |
47 | notification is not required if a documented medical emergency |
48 | exists and there is insufficient time to provide notice, if the |
49 | minor is or has been married or has had the disability of nonage |
50 | removed, or if the circuit court waives the notice requirement |
51 | based on a finding of child abuse or sexual abuse by the parent |
52 | or guardian of the minor or finds that such notification is not |
53 | in the best interest of the minor; and requiring that any court |
54 | proceeding be expeditious and confidential, that written |
55 | transcripts be maintained, and that filing fees and court costs |
56 | be waived. |
57 |
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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 |
61 | A joint resolution proposing the creation of Section 22 of |
62 | Article X of the State Constitution, relating to |
63 | miscellaneous matters, to require the Legislature to enact |
64 | legislation providing for the notification of a pregnant |
65 | minor's parent or guardian prior to termination of the |
66 | pregnancy and setting requirements and conditions |
67 | therefor. |