1 | The Committee on Judiciary recommends the following: |
2 |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | House Joint Resolution |
6 | A joint resolution proposing the creation of Section 22 of |
7 | Article X of the State Constitution to provide for |
8 | parental notification of an abortion on a minor. |
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10 | Be It Resolved by the Legislature of the State of Florida: |
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12 | That the creation of Section 22 of Article X of the State |
13 | Constitution set forth below is agreed to and shall be submitted |
14 | to the electors of Florida for approval or rejection at the |
15 | general election to be held in November 2004: |
16 | ARTICLE X |
17 | MISCELLANEOUS |
18 | SECTION 22. Parental notification of an abortion on a |
19 | minor.--The legislature shall not limit or deny the privacy |
20 | rights guaranteed to minors under the United States Constitution |
21 | as interpreted by the United States Supreme Court. |
22 | Notwithstanding the minor's right of privacy provided in Section |
23 | 23 of Article I, the legislature may by general law require |
24 | notification of a parent or guardian of a minor prior to the |
25 | performance of an abortion on the minor. This right to |
26 | notification shall not apply to minors emancipated by general |
27 | law. |
28 | BE IT FURTHER RESOLVED that the title and substance of the |
29 | amendment proposed herein shall appear on the ballot as follows: |
30 | PARENTAL NOTIFICATION OF ABORTION ON A MINOR |
31 | Proposes the creation of Section 22 of Article X of the |
32 | State Constitution to provide that the Legislature may, |
33 | notwithstanding the state constitutional right of privacy, enact |
34 | legislation requiring notification of a parent or guardian of a |
35 | minor prior to the performance of an abortion on the minor. The |
36 | amendment provides that the Legislature shall not limit or deny |
37 | the privacy rights guaranteed to minors under the United States |
38 | Constitution as interpreted by the United States Supreme Court. |
39 | The amendment provides that the right to notification shall not |
40 | apply to minors emancipated by general law. Under the amendment, |
41 | the Legislature is not prevented from creating a judicial bypass |
42 | process containing exceptions to parental notification, |
43 | including, but not limited to, cases involving pregnancies |
44 | caused by the father, stepfather, or legal guardian of the |
45 | minor. |