| 1 | Representative(s) Seiler offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Section 390.01115, Florida Statutes, is |
| 6 | repealed. |
| 7 | Section 2. Section 390.01114, Florida Statutes, is created |
| 8 | to read: |
| 9 | 390.01114 Parental Notice of Abortion Act.-- |
| 10 | (1) SHORT TITLE.--This section may be cited as the |
| 11 | "Parental Notice of Abortion Act." |
| 12 | (2) DEFINITIONS.--As used in this section, the term: |
| 13 | (a) "Actual notice" means notice that is given directly, |
| 14 | in person, or by telephone. |
| 15 | (b) "Child abuse" has the meaning ascribed in s. |
| 16 | 39.0015(3). |
| 17 | (c) "Constructive notice" means notice that is given by |
| 18 | certified mail to the last known address of the parent or legal |
| 19 | guardian of a minor, with delivery deemed to have occurred 48 |
| 20 | hours after the certified notice is mailed. |
| 21 | (d) "Medical emergency" means a condition that, on the |
| 22 | basis of a physician's good faith clinical judgment, so |
| 23 | complicates the medical condition of a pregnant woman as to |
| 24 | necessitate the immediate termination of her pregnancy to avert |
| 25 | her death, or for which a delay in the termination of her |
| 26 | pregnancy will create serious risk of substantial and |
| 27 | irreversible impairment of a major bodily function. |
| 28 | (e) "Sexual abuse" has the meaning ascribed in s. 39.01. |
| 29 | (f) "Minor" means a person under the age of 18 years. |
| 30 | (3) NOTIFICATION REQUIRED.-- |
| 31 | (a) A termination of pregnancy may not be performed or |
| 32 | induced upon a minor unless the physician performing or inducing |
| 33 | the termination of pregnancy has given at least 48 hours' actual |
| 34 | notice to one parent or to the legal guardian of the pregnant |
| 35 | minor of his or her intention to perform or induce the |
| 36 | termination of pregnancy. The notice may be given by a referring |
| 37 | physician. The physician who performs the termination of |
| 38 | pregnancy must receive the written statement of the referring |
| 39 | physician certifying that the referring physician has given |
| 40 | notice. If actual notice is not possible after a reasonable |
| 41 | effort has been made, the physician performing or inducing the |
| 42 | termination of pregnancy or the referring physician must give 48 |
| 43 | hours' constructive notice. |
| 44 | (b) Notice is not required if: |
| 45 | 1. In the physician's good-faith clinical judgment, a |
| 46 | medical emergency exists and there is insufficient time for the |
| 47 | attending physician to comply with the notification |
| 48 | requirements. If a medical emergency exists, the physician may |
| 49 | proceed but must document reasons for the medical necessity in |
| 50 | the patient's medical records; |
| 51 | 2. Notice is waived in writing by the person who is |
| 52 | entitled to notice; |
| 53 | 3. Notice is waived by the minor who is or has been |
| 54 | married or has had the disability of nonage removed under s. |
| 55 | 743.015 or a similar statute of another state; |
| 56 | 4. Notice is waived by the patient because the patient has |
| 57 | a minor child dependent on her; or |
| 58 | 5. Notice is waived under subsection (4). |
| 59 | (c) Violation of this subsection by a physician |
| 60 | constitutes grounds for disciplinary action under s. 458.331 or |
| 61 | s. 459.015. |
| 62 | (4) PROCEDURE FOR JUDICIAL WAIVER OF NOTICE.-- |
| 63 | (a) A minor may petition any circuit court for a waiver of |
| 64 | the notice requirements of subsection (3) and may participate in |
| 65 | proceedings on her own behalf. The petition may be filed under a |
| 66 | pseudonym or through the use of initials, as provided by court |
| 67 | rule. The petition must include a statement that the petitioner |
| 68 | is pregnant and notice has not been waived. The court shall |
| 69 | advise the minor that she has a right to court-appointed counsel |
| 70 | and shall provide her with counsel upon her request at no cost |
| 71 | to the minor. |
| 72 | (b) Court proceedings under this subsection must be given |
| 73 | precedence over other pending matters to the extent necessary to |
| 74 | ensure that the court reaches a decision promptly. The court |
| 75 | shall rule, and issue written findings of fact and conclusions |
| 76 | of law, within 48 hours after the petition is filed, except that |
| 77 | the 48-hour limitation may be extended at the request of the |
| 78 | minor. If the court fails to rule within the 48-hour period and |
| 79 | an extension has not been requested, the petition is granted, |
| 80 | and the notice requirement is waived. |
| 81 | (c) If the court finds, by clear and convincing evidence, |
| 82 | that the minor is sufficiently mature to decide whether to |
| 83 | terminate her pregnancy, the court shall issue an order |
| 84 | authorizing the minor to consent to the performance or |
| 85 | inducement of a termination of pregnancy without the |
| 86 | notification of a parent or guardian. If the court does not make |
| 87 | the finding specified in this paragraph or paragraph (d), it |
| 88 | must dismiss the petition. |
| 89 | (d) If the court finds, by clear and convincing evidence, |
| 90 | that there is evidence of child abuse or sexual abuse of the |
| 91 | petitioner by one or both of her parents or her guardian, or |
| 92 | that the notification of a parent or guardian is not in the best |
| 93 | interest of the petitioner, the court shall issue an order |
| 94 | authorizing the minor to consent to the performance or |
| 95 | inducement of a termination of pregnancy without the |
| 96 | notification of a parent or guardian. If the court finds |
| 97 | evidence of child abuse or sexual abuse of the minor petitioner |
| 98 | by any person, the court shall report the evidence of child |
| 99 | abuse or sexual abuse of the petitioner, as provided in s. |
| 100 | 39.201. If the court does not make the finding specified in this |
| 101 | paragraph or paragraph (c), it must dismiss the petition. |
| 102 | (e) A court that conducts proceedings under this section |
| 103 | shall provide for a written transcript of all testimony and |
| 104 | proceedings and issue written and specific factual findings and |
| 105 | legal conclusions supporting its decision and shall order that a |
| 106 | confidential record be maintained, as required under s. |
| 107 | 390.01116. At the hearing, the court shall hear evidence |
| 108 | relating to the emotional development, maturity, intellect, and |
| 109 | understanding of the minor, and all other relevant evidence. All |
| 110 | hearings under this section, including appeals, shall remain |
| 111 | confidential and closed to the public, as provided by court |
| 112 | rule. |
| 113 | (f) An expedited appeal shall be available, as the Supreme |
| 114 | Court provides by rule, to any minor to whom the circuit court |
| 115 | denies a waiver of notice. An order authorizing a termination of |
| 116 | pregnancy without notice is not subject to appeal. |
| 117 | (g) No filing fees or court costs shall be required of any |
| 118 | pregnant minor who petitions a court for a waiver of parental |
| 119 | notification under this subsection at either the trial or the |
| 120 | appellate level. |
| 121 | (h) No county shall be obligated to pay the salaries, |
| 122 | costs, or expenses of any counsel appointed by the court under |
| 123 | this subsection. |
| 124 | (5) PROCEEDINGS.--The Supreme Court is requested to adopt |
| 125 | rules and forms for petitions to ensure that proceedings under |
| 126 | subsection (4) are handled expeditiously and in a manner that |
| 127 | will satisfy the requirements of state and federal courts. The |
| 128 | Supreme Court is also requested to adopt rules to ensure that |
| 129 | the hearings protect the minor's confidentiality and the |
| 130 | confidentiality of the proceedings. |
| 131 | (6) REPORT.--The Supreme Court, through the Office of the |
| 132 | State Courts Administrator, shall report by February 1 of each |
| 133 | year to the Governor, the President of the Senate, and the |
| 134 | Speaker of the House of Representatives on the number of |
| 135 | petitions filed under subsection (4) for the preceding year, and |
| 136 | the timing and manner of disposal of such petitions by each |
| 137 | circuit court. |
| 138 | Section 3. This act shall take effect July 1, 2005. |
| 139 |
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| 140 | ================ T I T L E A M E N D M E N T ============= |
| 141 | Remove the entire title and insert: |
| 142 | A bill to be entitled |
| 143 | An act relating to the termination of pregnancies; |
| 144 | repealing s. 390.01115, F.S., relating to the Parental |
| 145 | Notice of Abortion Act; creating s. 390.01114, F.S.; |
| 146 | creating the Parental Notice of Abortion Act; providing a |
| 147 | short title; defining terms; prohibiting the performing or |
| 148 | inducement of a termination of pregnancy upon a minor |
| 149 | without specified notice; providing disciplinary action |
| 150 | for violation; prescribing notice requirements; providing |
| 151 | exceptions; prescribing a procedure for judicial waiver of |
| 152 | notice; providing for notice of right to counsel; |
| 153 | providing for issuance of a court order authorizing |
| 154 | consent to a termination of pregnancy without |
| 155 | notification; providing for dismissal of petitions; |
| 156 | requiring the issuance of written findings of fact and |
| 157 | legal conclusions; providing for confidential and closed |
| 158 | hearings; providing for expedited appeal; providing for |
| 159 | waiver of filing fees and court costs; precluding |
| 160 | assumption of certain expenses by counties; requesting the |
| 161 | Supreme Court to adopt rules; requiring the Supreme Court |
| 162 | to report annually to the Governor and the Legislature; |
| 163 | providing an effective date. |