HB 0559 2004
1	A bill to be entitled
2	An act relating to human cloning; creating s. 877.27,
3	F.S., the "Human Cloning Prohibition and Responsibility
4	Act of 2004"; providing definitions; providing that it is
5	unlawful to perform or attempt to perform human cloning,
6	to participate or assist in an attempt to perform human
7	cloning, or to ship or receive in commerce for any purpose
8	an embryo produced by human cloning or any product derived
9	from such embryo; providing criminal penalties; providing
10	for a minimum mandatory term of imprisonment; providing
11	civil penalties in an amount not less than $1 million;
12	providing construction with respect to scientific
13	research; providing for enforcement of the act; providing
14	civil remedies; providing limitations on commencement of
15	actions; amending ss. 95.11 and 775.15, F.S.; providing
16	periods of limitations on actions and prosecutions for
17	violations of the act; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1. Section 877.27, Florida Statutes, is created to
22	read:
23	877.27 Human Cloning Prohibition and Responsibility Act.--
24	(1) POPULAR NAME.--This section may be referred to by the
25	popular name "Human Cloning Prohibition and Responsibility Act
26	of 2004."
27	(2) DEFINITIONS.--As used in this section:
28	(a) "Human cloning" means human asexual reproduction,
29	accomplished by introducing nuclear material from one or more
30	human somatic cells into a fertilized or unfertilized oocyte
31	whose nuclear material has been removed or inactivated so as to
32	produce a living organism, at any state of development, that is
33	genetically virtually identical to an existing or previously
34	existing human organism.
35	(b) "Asexual reproduction" means reproduction not
36	initiated by the union of oocyte and sperm.
37	(c) "Somatic cell" means a diploid cell having a complete
38	set of chromosomes obtained or derived from a living or deceased
39	human body at any stage of development.
40	(3) HUMAN CLONING PROHIBITED.--It is unlawful for any
41	person to knowingly:
42	(a) Perform or attempt to perform human cloning.
43	(b) Participate or assist in an attempt to perform human
44	cloning.
45	(c) Ship or receive for any purpose an embryo produced by
46	human cloning or any product derived from such embryo; however,
47	this paragraph shall not prohibit the act of entering this state
48	after having received any medical treatment, including
49	impregnation with an embryo produced by human cloning, if such
50	treatment was lawfully received in another jurisdiction.
51	(4) PENALTIES.--
52	(a) Any person who violates any provision of subsection
53	(3) commits a felony of the second degree, punishable as
54	provided in s. 775.082, s. 775.083, or s. 775.084, and shall be
55	sentenced to a minimum term of imprisonment of 10 years.
56	(b) Any person who violates any provision of subsection
57	(3) and derives pecuniary gain from such violation shall be
58	subject to a civil penalty of not less than $1 million and not
59	more than an amount equal to the amount of the gross pecuniary
60	gain derived from the violation multiplied by 2, if that amount
61	is greater than $1 million.
62	(5) CONSTRUCTION.--Nothing in this section shall be
63	construed to restrict areas of scientific research not
64	specifically prohibited by this section, including research in
65	the use of nuclear transfer or other cloning techniques to
66	produce molecules, DNA, tissues, organs, plants, animals, or
67	cells other than human embryos.
68	(6) CIVIL REMEDIES; ENFORCEMENT.--With respect to any
69	individual residing in the state who was produced, at any time
70	and in any jurisdiction, by human cloning which would have been
71	prohibited under this section if performed in this state after
72	the effective date of this section:
73	(a) Any person participating in the production by human
74	cloning of such individual shall be jointly and severally liable
75	to the individual, the individual's spouse, dependents, and
76	blood relatives, and to any woman impregnated with the
77	individual, her spouse, and dependents, for damages for all
78	physical, emotional, economic, or other injuries suffered by
79	such persons at any time as a result of the use of human cloning
80	to produce the individual. This section shall not give rise to a
81	cause of action for wrongful life but shall not exclude any
82	injuries or damages associated with the continuation of life by
83	the individual who is a product of human cloning.
84	(b) Any person participating in the production by human
85	cloning of an individual shall be jointly and severally liable
86	to the individual and the individual's legal guardian for
87	support and the costs of guardianship during the individual's
88	minority, as well as for the costs of any guardian ad litem to
89	represent the interests of the individual in the courts of this
90	state in any matter related to the production or legal status of
91	the individual. The liability created by this paragraph shall
92	not cease at the age of majority if the individual suffers
93	thereafter from any congenital defect or other disability
94	related to the production of the individual by human cloning.
95	(c) All liabilities created under this section shall
96	survive the death of an individual produced by human cloning.
97	All persons and entities participating in the production by
98	human cloning of an individual shall be jointly and severally
99	liable to the estate of the individual for damages for injuries
100	resulting from the death of the individual if the cause of death
101	is related to the production of the individual by human cloning
102	or any congenital defect in the individual. If the individual
103	dies intestate leaving no descendants or other dependents, the
104	cause of action created by this paragraph shall accrue to the
105	state. In every such action for the death of the individual,
106	exemplary damages in an amount of at least $100,000 shall be
107	awarded.
108	(d) The rights of recovery created by this section shall
109	be cumulative to all other legal rights. No liability created by
110	this section shall be reduced by the payment of any other
111	liability or by the recovery of damages from any other source or
112	under any other legal theory.
113	(e) The liabilities created by this section shall be
114	strictly enforced without regard to negligence or fault. The
115	status of a person as plaintiff or injured party upon any cause
116	of action or legal theory shall not negate the status of such
117	person as defendant or reduce such person’s liability to other
118	claimants under any cause of action created by this section. The
119	liabilities created by this section may not be waived by any
120	individual or compromised except as may be implemented through
121	an enforceable judgment of a court of this state. No affirmative
122	defenses other than lack of jurisdiction, res judicata,
123	satisfaction of the liability, or expiration of the statute of
124	limitations period provided in paragraph (i) shall be allowed in
125	any action brought pursuant to this section.
126	(f) The domicile in the State of Florida of any injured
127	person having a cause of action under this section, or the
128	incurring within this state of any damages recoverable under
129	this section, shall be sufficient to establish the jurisdiction
130	of the law of this state and its courts for all related claims
131	arising under this section.
132	(g) Any state agency providing services to any person
133	entitled to recovery under this section, and any private
134	insurance company legally obligated to pay medical costs or
135	other compensation related to conditions associated with
136	injuries for which recovery is authorized under this act, shall
137	be subrogated to the rights to recover under this section of any
138	person receiving such services or benefiting from such
139	insurance. Such subrogation shall not exceed the full cost of
140	such services or insurance payments.
141	(h) The Attorney General is empowered to bring civil
142	actions in this or any appropriate jurisdiction to enforce the
143	rights and obligations created under this section on behalf of
144	the state or any resident of the state.
145	(i) An action under this section must be commenced before
146	the expiration of 5 years after the death of the individual
147	produced by human cloning, provided that an action for support
148	and other damages under paragraph (b) must be commenced within 5
149	years after the end of the period for which liability is imposed
150	under paragraph (b).
151	Section 2. Subsection (9) is added to section 95.11,
152	Florida Statutes, to read:
153	95.11 Limitations other than for the recovery of real
154	property.--Actions other than for recovery of real property
155	shall be commenced as follows:
156	(9) FOR ACTIONS RELATED TO HUMAN CLONING.--An action
157	founded upon a violation of s. 877.27(3) must be commenced as
158	provided in s. 877.27(6).
159	Section 3. Paragraph (i) is added to subsection (2) of
160	section 775.15, Florida Statutes, to read:
161	775.15 Time limitations.--
162	(2) Except as otherwise provided in this section,
163	prosecutions for other offenses are subject to the following
164	periods of limitation:
165	(i) A prosecution for a felony violation of s. 877.27(3)
166	must be commenced within 4 years after the violation is reported
167	to law enforcement or within 21 years after the birth or
168	destruction of an individual produced by human cloning,
169	whichever occurs first.
170	Section 4. This act shall take effect upon becoming a law.