Senate Bill sb2558

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    Florida Senate - 2004                                  SB 2558

    By Senator Wise





    5-1852-04                                           See HB 559

  1                      A bill to be entitled

  2         An act relating to human cloning; creating s.

  3         877.27, F.S., the "Human Cloning Prohibition

  4         and Responsibility Act of 2004"; providing

  5         definitions; providing that it is unlawful to

  6         perform or attempt to perform human cloning, to

  7         participate or assist in an attempt to perform

  8         human cloning, or to ship or receive in

  9         commerce for any purpose an embryo produced by

10         human cloning or any product derived from such

11         embryo; providing criminal penalties; providing

12         for a minimum mandatory term of imprisonment;

13         providing civil penalties in an amount not less

14         than $1 million; providing construction with

15         respect to scientific research; providing for

16         enforcement of the act; providing civil

17         remedies; providing limitations on commencement

18         of actions; amending ss. 95.11 and 775.15,

19         F.S.; providing periods of limitations on

20         actions and prosecutions for violations of the

21         act; providing an effective date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Section 877.27, Florida Statutes, is

26  created to read:

27         877.27  Human Cloning Prohibition and Responsibility

28  Act.--

29         (1)  POPULAR NAME.--This section may be referred to by

30  the popular name "Human Cloning Prohibition and Responsibility

31  Act of 2004."

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    Florida Senate - 2004                                  SB 2558
    5-1852-04                                           See HB 559




 1         (2)  DEFINITIONS.--As used in this section:

 2         (a)  "Human cloning" means human asexual reproduction,

 3  accomplished by introducing nuclear material from one or more

 4  human somatic cells into a fertilized or unfertilized oocyte

 5  whose nuclear material has been removed or inactivated so as

 6  to produce a living organism, at any state of development,

 7  that is genetically virtually identical to an existing or

 8  previously existing human organism.

 9         (b)  "Asexual reproduction" means reproduction not

10  initiated by the union of oocyte and sperm.

11         (c)  "Somatic cell" means a diploid cell having a

12  complete set of chromosomes obtained or derived from a living

13  or deceased human body at any stage of development.

14         (3)  HUMAN CLONING PROHIBITED.--It is unlawful for any

15  person to knowingly:

16         (a)  Perform or attempt to perform human cloning.

17         (b)  Participate or assist in an attempt to perform

18  human cloning.

19         (c)  Ship or receive for any purpose an embryo produced

20  by human cloning or any product derived from such embryo;

21  however, this paragraph shall not prohibit the act of entering

22  this state after having received any medical treatment,

23  including impregnation with an embryo produced by human

24  cloning, if such treatment was lawfully received in another

25  jurisdiction.

26         (4)  PENALTIES.--

27         (a)  Any person who violates any provision of

28  subsection (3) commits a felony of the second degree,

29  punishable as provided in s. 775.082, s. 775.083, or s.

30  775.084, and shall be sentenced to a minimum term of

31  imprisonment of 10 years.

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    Florida Senate - 2004                                  SB 2558
    5-1852-04                                           See HB 559




 1         (b)  Any person who violates any provision of

 2  subsection (3) and derives pecuniary gain from such violation

 3  shall be subject to a civil penalty of not less than $1

 4  million and not more than an amount equal to the amount of the

 5  gross pecuniary gain derived from the violation multiplied by

 6  2, if that amount is greater than $1 million.

 7         (5)  CONSTRUCTION.--Nothing in this section shall be

 8  construed to restrict areas of scientific research not

 9  specifically prohibited by this section, including research in

10  the use of nuclear transfer or other cloning techniques to

11  produce molecules, DNA, tissues, organs, plants, animals, or

12  cells other than human embryos.

13         (6)  CIVIL REMEDIES; ENFORCEMENT.--With respect to any

14  individual residing in the state who was produced, at any time

15  and in any jurisdiction, by human cloning which would have

16  been prohibited under this section if performed in this state

17  after the effective date of this section:

18         (a)  Any person participating in the production by

19  human cloning of such individual shall be jointly and

20  severally liable to the individual, the individual's spouse,

21  dependents, and blood relatives, and to any woman impregnated

22  with the individual, her spouse, and dependents, for damages

23  for all physical, emotional, economic, or other injuries

24  suffered by such persons at any time as a result of the use of

25  human cloning to produce the individual. This section shall

26  not give rise to a cause of action for wrongful life but shall

27  not exclude any injuries or damages associated with the

28  continuation of life by the individual who is a product of

29  human cloning.

30         (b)  Any person participating in the production by

31  human cloning of an individual shall be jointly and severally

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    Florida Senate - 2004                                  SB 2558
    5-1852-04                                           See HB 559




 1  liable to the individual and the individual's legal guardian

 2  for support and the costs of guardianship during the

 3  individual's minority, as well as for the costs of any

 4  guardian ad litem to represent the interests of the individual

 5  in the courts of this state in any matter related to the

 6  production or legal status of the individual. The liability

 7  created by this paragraph shall not cease at the age of

 8  majority if the individual suffers thereafter from any

 9  congenital defect or other disability related to the

10  production of the individual by human cloning.

11         (c)  All liabilities created under this section shall

12  survive the death of an individual produced by human cloning.

13  All persons and entities participating in the production by

14  human cloning of an individual shall be jointly and severally

15  liable to the estate of the individual for damages for

16  injuries resulting from the death of the individual if the

17  cause of death is related to the production of the individual

18  by human cloning or any congenital defect in the individual.

19  If the individual dies intestate leaving no descendants or

20  other dependents, the cause of action created by this

21  paragraph shall accrue to the state. In every such action for

22  the death of the individual, exemplary damages in an amount of

23  at least $100,000 shall be awarded.

24         (d)  The rights of recovery created by this section

25  shall be cumulative to all other legal rights. No liability

26  created by this section shall be reduced by the payment of any

27  other liability or by the recovery of damages from any other

28  source or under any other legal theory.

29         (e)  The liabilities created by this section shall be

30  strictly enforced without regard to negligence or fault. The

31  status of a person as plaintiff or injured party upon any

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    Florida Senate - 2004                                  SB 2558
    5-1852-04                                           See HB 559




 1  cause of action or legal theory shall not negate the status of

 2  such person as defendant or reduce such person's liability to

 3  other claimants under any cause of action created by this

 4  section. The liabilities created by this section may not be

 5  waived by any individual or compromised except as may be

 6  implemented through an enforceable judgment of a court of this

 7  state. No affirmative defenses other than lack of

 8  jurisdiction, res judicata, satisfaction of the liability, or

 9  expiration of the statute of limitations period provided in

10  paragraph (i) shall be allowed in any action brought pursuant

11  to this section.

12         (f)  The domicile in the State of Florida of any

13  injured person having a cause of action under this section, or

14  the incurring within this state of any damages recoverable

15  under this section, shall be sufficient to establish the

16  jurisdiction of the law of this state and its courts for all

17  related claims arising under this section.

18         (g)  Any state agency providing services to any person

19  entitled to recovery under this section, and any private

20  insurance company legally obligated to pay medical costs or

21  other compensation related to conditions associated with

22  injuries for which recovery is authorized under this act,

23  shall be subrogated to the rights to recover under this

24  section of any person receiving such services or benefiting

25  from such insurance. Such subrogation shall not exceed the

26  full cost of such services or insurance payments.

27         (h)  The Attorney General is empowered to bring civil

28  actions in this or any appropriate jurisdiction to enforce the

29  rights and obligations created under this section on behalf of

30  the state or any resident of the state.

31  

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    Florida Senate - 2004                                  SB 2558
    5-1852-04                                           See HB 559




 1         (i)  An action under this section must be commenced

 2  before the expiration of 5 years after the death of the

 3  individual produced by human cloning, provided that an action

 4  for support and other damages under paragraph (b) must be

 5  commenced within 5 years after the end of the period for which

 6  liability is imposed under paragraph (b).

 7         Section 2.  Subsection (9) is added to section 95.11,

 8  Florida Statutes, to read:

 9         95.11  Limitations other than for the recovery of real

10  property.--Actions other than for recovery of real property

11  shall be commenced as follows:

12         (9)  FOR ACTIONS RELATED TO HUMAN CLONING.--An action

13  founded upon a violation of s. 877.27(3) must be commenced as

14  provided in s. 877.27(6).

15         Section 3.  Paragraph (i) is added to subsection (2) of

16  section 775.15, Florida Statutes, to read:

17         775.15  Time limitations.--

18         (2)  Except as otherwise provided in this section,

19  prosecutions for other offenses are subject to the following

20  periods of limitation:

21         (i)  A prosecution for a felony violation of s.

22  877.27(3) must be commenced within 4 years after the violation

23  is reported to law enforcement or within 21 years after the

24  birth or destruction of an individual produced by human

25  cloning, whichever occurs first.

26         Section 4.  This act shall take effect upon becoming a

27  law.

28  

29  

30  

31  

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