Senate Bill sb2178c1
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Florida Senate - 2004 CS for SJR 2178
By the Committee on Health, Aging, and Long-Term Care; and
Senator Diaz de la Portilla
317-2109-04
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 shall 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; or
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Florida Senate - 2004 CS for SJR 2178
317-2109-04
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, by the
5 guardian, or by a family member or a resident of the home
6 where the minor resides; or
7 b. The notification of a parent or guardian is not in
8 the best interest of the minor.
9 (b) In a confidential judicial proceeding brought
10 pursuant to paragraph (a)(3), the court must:
11 (1) Give the proceeding precedence over other matters
12 to ensure that the court reaches a decision promptly;
13 (2) Maintain written transcripts of all testimony and
14 proceedings;
15 (3) Provide for an expedited and confidential appeal;
16 and
17 (4) Waive any requirements for filing fees or court
18 costs.
19 BE IT FURTHER RESOLVED that the following statement be
20 placed on the ballot:
21 CONSTITUTIONAL AMENDMENT
22 ARTICLE X, SECTION 22
23 PARENTAL NOTIFICATION OF A MINOR'S TERMINATION OF
24 PREGNANCY.--Proposing an amendment to the State Constitution
25 stipulating that the Legislature, notwithstanding the
26 constitutional right of privacy, enact legislation requiring a
27 physician to notify the parent or guardian of a pregnant minor
28 at least 48 hours before terminating the minor's pregnancy;
29 providing that such notification is not required if a
30 documented medical emergency exists and there is insufficient
31 time to provide notice, if the minor is or has been married or
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Florida Senate - 2004 CS for SJR 2178
317-2109-04
1 has had the disability of nonage removed, or if the circuit
2 court waives the notice requirement based on a finding of
3 child abuse or sexual abuse by the parent or guardian of the
4 minor or finds that such notification is not in the best
5 interest of the minor; and requiring that any court proceeding
6 be expeditious and confidential, that written transcripts be
7 maintained, and that filing fees and court costs be waived.
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9 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
10 Senate Joint Resolution 2178
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12 The committee substitute:
13 Clarifies that the exceptions to the requirement for
notification are mandatory, not optional;
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Includes child abuse and sexual abuse by a family member or
15 resident of the home of the minor as grounds for an exemption
from the notice requirement; and
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Makes all judicial proceedings confidential.
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