Senate Bill sb2178c2

    Florida Senate - 2004                   CS for CS for SJR 2178

    By the Committees on Judiciary; Health, Aging, and Long-Term
    Care; and Senator Diaz de la Portilla




    308-2188-04

  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, prohibiting the Legislature from

  6         limiting or denying the privacy right

  7         guaranteed to a minor under the United States

  8         Constitution, as interpreted by the United

  9         States Supreme Court, and authorizing the

10         Legislature to enact Legislation providing for

11         the notification of a pregnant minor's parent

12         or guardian before termination of the pregnancy

13         and setting requirements and conditions

14         therefor.

15  

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

17  

18         That the following creation of Section 22 of Article X

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

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

21  general election to be held in November 2004:

22                            ARTICLE X

23                          MISCELLANEOUS

24         SECTION 22.  Parental notice of termination of a

25  minor's pregnancy.--The Legislature shall not limit or deny

26  the privacy right guaranteed to a minor under the United

27  States Constitution as interpreted by the United States

28  Supreme Court. Notwithstanding a minor's right of privacy

29  provided in Section 23 of Article I, the Legislature is

30  authorized to require by general law for notification to a

31  parent or guardian of a minor before the termination of the

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                   CS for CS for SJR 2178
    308-2188-04




 1  minor's pregnancy. The Legislature shall provide exceptions to

 2  such requirement for notification and shall create a procedure

 3  for judicial waiver of the notification.

 4         BE IT FURTHER RESOLVED that the following statement be

 5  placed on the ballot:

 6                     CONSTITUTIONAL AMENDMENT

 7                      ARTICLE X, SECTION 22

 8         PARENTAL NOTIFICATION OF A MINOR'S TERMINATION OF

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

10  to authorize the Legislature to require by general law for

11  notification to a parent or guardian of a minor before the

12  termination of the minor's pregnancy. The amendment provides

13  that the Legislature shall not limit or deny the privacy

14  rights guaranteed to minors under the United States

15  Constitution as interpreted by the United States Supreme

16  Court. The Legislature shall provide exceptions to such

17  requirement for notification and shall create a procedure for

18  judicial waiver of the requirement for notification.

19  

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                       CS Senate Bill 2178

22                                 

23  -    Requires the Legislature by general law to provide
         exceptions to parental notification.
24  
    -    Retains requirement that Legislature create a specific
25       judicial waiver procedure, but deletes the five specific
         elements of the procedure. The Legislature is not
26       precluded from specifying the elements in a statute."

27  -    Revises the ballot summary to conform to the revised,
         proposed amendment.
28  

29  

30  

31  

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CODING: Words stricken are deletions; words underlined are additions.