Senate Bill sb2178

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    Florida Senate - 2004                                 SJR 2178

    By Senator Diaz de la Portilla





    36-1951-04

  1                 Senate Joint Resolution No. ____

  2         A joint resolution proposing the creation of

  3         Section 22 of Article X of the State

  4         Constitution, relating to miscellaneous

  5         matters, to require the Legislature to enact

  6         legislation providing for the notification of a

  7         pregnant minor's parent or guardian prior to

  8         termination of the pregnancy and setting

  9         requirements and conditions therefor.

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11  Be It Resolved by the Legislature of the State of Florida:

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13         That the following creation of Section 22 of Article X

14  of the State Constitution is agreed to and shall be submitted

15  to the electors of this state for approval or rejection at the

16  next general election or at an earlier special election

17  specifically authorized by law for that purpose:

18                            ARTICLE X

19                          MISCELLANEOUS

20         Section 22.  Parental notice of abortion.--

21         (a)  Notwithstanding the right of privacy provided in

22  Article I, Section 23, the legislature shall by general law

23  require a physician to notify the parent or guardian of a

24  pregnant minor at least 48 hours before the physician

25  terminates the minor's pregnancy. The legislature may not

26  require such notification if:

27         (1)  A documented medical emergency exists and there is

28  insufficient time for the physician to notify the parent or

29  guardian.

30         (2)  The minor is or has been married or has had the

31  disability of nonage removed.

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    Florida Senate - 2004                                 SJR 2178
    36-1951-04




 1         (3)  A circuit court has waived the notice requirement

 2  based upon any of the following grounds:

 3         a.  There is evidence of child abuse or sexual abuse of

 4  the minor by one or both of the minor's parents or by the

 5  guardian; or

 6         b.  The notification of a parent or guardian is not in

 7  the best interest of the minor.

 8         (b)  In a judicial proceeding brought pursuant to

 9  paragraph (a)(3), the court must:

10         (1)  Give the proceeding precedence over other matters

11  to ensure that the court reaches a decision promptly;

12         (2)  Maintain written transcripts of all testimony and

13  proceedings;

14         (3)  Provide for an expedited and confidential appeal;

15  and

16         (4)  Waive any requirements for filing fees or court

17  costs.

18         BE IT FURTHER RESOLVED that the following statement be

19  placed on the ballot:

20                     CONSTITUTIONAL AMENDMENT

21                      ARTICLE X, SECTION 22

22         PARENTAL NOTIFICATION OF A MINOR'S TERMINATION OF

23  PREGNANCY.--Proposing an amendment to the State Constitution

24  stipulating that the Legislature, notwithstanding the

25  constitutional right of privacy, enact legislation requiring a

26  physician to notify the parent or guardian of a pregnant minor

27  at least 48 hours before terminating the minor's pregnancy;

28  providing that such notification is not required if a

29  documented medical emergency exists and there is insufficient

30  time to provide notice, if the minor is or has been married or

31  has had the disability of nonage removed, or if the circuit

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    Florida Senate - 2004                                 SJR 2178
    36-1951-04




 1  court waives the notice requirement based on a finding of

 2  child abuse or sexual abuse by the parent or guardian of the

 3  minor or finds that such notification is not in the best

 4  interest of the minor; and requiring that any court proceeding

 5  be expeditious and confidential, that written transcripts be

 6  maintained, and that filing fees and court costs be waived.

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