| 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. |