Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. HB 1659, 1st Eng.
                        Barcode 142064
                            CHAMBER ACTION
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       05/05/2005 04:27 PM         .         05/06/2005 15:30:56
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11  Senator Dockery moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Section 390.01115, Florida Statutes, is
18  repealed.
19         Section 2.  Section 390.01114, Florida Statutes, is
20  created to read:
21         390.01114  Parental Notice of Abortion Act.--
22         (1)  SHORT TITLE.--This section may be cited as the
23  "Parental Notice of Abortion Act."
24         (2)  DEFINITIONS.--As used in this section, the term:
25         (a)  "Actual notice" means notice that is given
26  directly, in person or by telephone, to a parent or legal
27  guardian of a minor, by a physician, at least 48 hours before
28  the inducement or performance of a termination of pregnancy,
29  and documented in the minor's files.
30         (b)  "Child abuse" has the same meaning as s.
31  39.0015(3).
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Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1659, 1st Eng. Barcode 142064 1 (c) "Constructive notice" means notice that is given 2 in writing, signed by the physician, and mailed at least 72 3 hours before the inducement or performance of the termination 4 of pregnancy, to the last known address of the parent or legal 5 guardian of the minor, by certified mail, return receipt 6 requested, and delivery restricted to the parent or legal 7 guardian. After the 72 hours have passed, delivery is deemed 8 to have occurred. 9 (d) "Medical emergency" means a condition that, on the 10 basis of a physician's good faith clinical judgment, so 11 complicates the medical condition of a pregnant woman as to 12 necessitate the immediate termination of her pregnancy to 13 avert her death, or for which a delay in the termination of 14 her pregnancy will create serious risk of substantial and 15 irreversible impairment of a major bodily function. 16 (e) "Sexual abuse" has the meaning ascribed in s. 17 39.01. 18 (f) "Minor" means a person under the age of 18 years. 19 (3) NOTIFICATION REQUIRED.-- 20 (a) Actual notice shall be provided by the physician 21 performing or inducing the termination of pregnancy before the 22 performance or inducement of the termination of the pregnancy 23 of a minor. The notice may be given by a referring physician. 24 The physician who performs or induces the termination of 25 pregnancy must receive the written statement of the referring 26 physician certifying that the referring physician has given 27 notice. If actual notice is not possible after a reasonable 28 effort has been made, the physician performing or inducing the 29 termination of pregnancy or the referring physician must give 30 constructive notice. Notice given under this subsection by the 31 physician performing or inducing the termination of pregnancy 2 4:04 PM 05/05/05 h165903e1d-seg1-c6k
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1659, 1st Eng. Barcode 142064 1 must include the name and address of the facility providing 2 the termination of pregnancy, the name of the physician 3 providing notice. Notice given under this subsection by a 4 referring physician must include the name and address of the 5 facility where he or she is referring the minor and the name 6 of the physician providing notice. If actual notice is 7 provided by telephone, the physician must actually speak with 8 the parent or guardian, and must record in the minor's medical 9 file the name of the parent or guardian provided notice, the 10 phone number dialed, and the date and time of the call. If 11 constructive notice is given, the physician must document that 12 notice by placing copies of any document related to the 13 constructive notice, including, but not limited to, a copy of 14 the letter and the return receipt, in the minor's medical 15 file. 16 (b) Notice is not required if: 17 1. In the physician's good-faith clinical judgment, a 18 medical emergency exists and there is insufficient time for 19 the attending physician to comply with the notification 20 requirements. If a medical emergency exists, the physician may 21 proceed but must document reasons for the medical necessity in 22 the patient's medical records; 23 2. Notice is waived in writing by the person who is 24 entitled to notice; 25 3. Notice is waived by the minor who is or has been 26 married or has had the disability of nonage removed under s. 27 743.015 or a similar statute of another state; 28 4. Notice is waived by the patient because the patient 29 has a minor child dependent on her; or 30 5. Notice is waived under subsection (4). 31 (c) Violation of this subsection by a physician 3 4:04 PM 05/05/05 h165903e1d-seg1-c6k
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1659, 1st Eng. Barcode 142064 1 constitutes grounds for disciplinary action under s. 458.331 2 or s. 459.015. 3 (4) PROCEDURE FOR JUDICIAL WAIVER OF NOTICE.-- 4 (a) A minor may petition any circuit court in a 5 judicial circuit within the jurisdiction of the District Court 6 of Appeal in which she resides for a waiver of the notice 7 requirements of subsection (3) and may participate in 8 proceedings on her own behalf. The petition may be filed under 9 a pseudonym or through the use of initials, as provided by 10 court rule. The petition must include a statement that the 11 petitioner is pregnant and notice has not been waived. The 12 court shall advise the minor that she has a right to 13 court-appointed counsel and shall provide her with counsel 14 upon her request at no cost to the minor. 15 (b) Court proceedings under this subsection must be 16 given precedence over other pending matters to the extent 17 necessary to ensure that the court reaches a decision 18 promptly. The court shall rule, and issue written findings of 19 fact and conclusions of law, within 48 hours after the 20 petition is filed, except that the 48-hour limitation may be 21 extended at the request of the minor. If the court fails to 22 rule within the 48-hour period and an extension has not been 23 requested, the petition is granted, and the notice requirement 24 is waived. 25 (c) If the court finds, by clear and convincing 26 evidence, that the minor is sufficiently mature to decide 27 whether to terminate her pregnancy, the court shall issue an 28 order authorizing the minor to consent to the performance or 29 inducement of a termination of pregnancy without the 30 notification of a parent or guardian. If the court does not 31 make the finding specified in this paragraph or paragraph (d), 4 4:04 PM 05/05/05 h165903e1d-seg1-c6k
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1659, 1st Eng. Barcode 142064 1 it must dismiss the petition. 2 (d) If the court finds, by a preponderance of the 3 evidence, that there is evidence of child abuse or sexual 4 abuse of the petitioner by one or both of her parents or her 5 guardian, or that the notification of a parent or guardian is 6 not in the best interest of the petitioner, the court shall 7 issue an order authorizing the minor to consent to the 8 performance or inducement of a termination of pregnancy 9 without the notification of a parent or guardian. If the court 10 finds evidence of child abuse or sexual abuse of the minor 11 petitioner by any person, the court shall report the evidence 12 of child abuse or sexual abuse of the petitioner, as provided 13 in s. 39.201. If the court does not make the finding specified 14 in this paragraph or paragraph (c), it must dismiss the 15 petition. 16 (e) A court that conducts proceedings under this 17 section shall provide for a written transcript of all 18 testimony and proceedings and issue written and specific 19 factual findings and legal conclusions supporting its decision 20 and shall order that a confidential record be maintained, as 21 required under s. 390.01116. At the hearing, the court shall 22 hear evidence relating to the emotional development, maturity, 23 intellect, and understanding of the minor, and all other 24 relevant evidence. All hearings under this section, including 25 appeals, shall remain confidential and closed to the public, 26 as provided by court rule. 27 (f) An expedited appeal shall be available, as the 28 Supreme Court provides by rule, to any minor to whom the 29 circuit court denies a waiver of notice. An order authorizing 30 a termination of pregnancy without notice is not subject to 31 appeal. 5 4:04 PM 05/05/05 h165903e1d-seg1-c6k
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1659, 1st Eng. Barcode 142064 1 (g) No filing fees or court costs shall be required of 2 any pregnant minor who petitions a court for a waiver of 3 parental notification under this subsection at either the 4 trial or the appellate level. 5 (h) No county shall be obligated to pay the salaries, 6 costs, or expenses of any counsel appointed by the court under 7 this subsection. 8 (5) PROCEEDINGS.--The Supreme Court is requested to 9 adopt rules and forms for petitions to ensure that proceedings 10 under subsection (4) are handled expeditiously and in a manner 11 consistent with this act. The Supreme Court is also requested 12 to adopt rules to ensure that the hearings protect the minor's 13 confidentiality and the confidentiality of the proceedings. 14 (6) REPORT.--The Supreme Court, through the Office of 15 the State Courts Administrator, shall report by February 1 of 16 each year to the Governor, the President of the Senate, and 17 the Speaker of the House of Representatives on the number of 18 petitions filed under subsection (4) for the preceding year, 19 and the timing and manner of disposal of such petitions by 20 each circuit court. 21 Section 3. This act shall take effect upon the 22 adoption of rules and forms by the Supreme Court, but no later 23 than July 1, 2005. 24 25 26 ================ T I T L E A M E N D M E N T =============== 27 And the title is amended as follows: 28 Delete everything before the enacting clause 29 30 and insert: 31 A bill to be entitled 6 4:04 PM 05/05/05 h165903e1d-seg1-c6k
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1659, 1st Eng. Barcode 142064 1 An act relating to the termination of 2 pregnancies; repealing s. 390.01115, F.S., 3 relating to the Parental Notice of Abortion 4 Act; creating s. 390.01114, F.S.; creating the 5 Parental Notice of Abortion Act; providing a 6 short title; defining terms; prohibiting the 7 performing or inducement of a termination of 8 pregnancy upon a minor without specified 9 notice; providing disciplinary action for 10 violation; prescribing notice requirements; 11 requiring certain information to be recorded in 12 the medical file of the minor; providing 13 exceptions to the notice requirements; 14 prescribing a procedure for judicial waiver of 15 notice; providing for notice of right to 16 counsel; providing for issuance of a court 17 order authorizing consent to a termination of 18 pregnancy without notification; providing for 19 dismissal of petitions; requiring the issuance 20 of written findings of fact and legal 21 conclusions; providing for confidential and 22 closed hearings; providing for expedited 23 appeal; providing for waiver of filing fees and 24 court costs; precluding assumption of certain 25 expenses by counties; requesting the Supreme 26 Court to adopt rules; requiring the Supreme 27 Court to report annually to the Governor and 28 the Legislature; providing a contingent 29 effective date. 30 31 7 4:04 PM 05/05/05 h165903e1d-seg1-c6k