| 1 | Representative Stargel 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| 6 | repealed.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 in |
| 14 | person. |
| 15 | (b) "Child abuse" has the meaning as in s. 827.03. |
| 16 | (c) "Constructive notice" means notice that is given by |
| 17 | mail deposited with overnight delivery guaranteed, return |
| 18 | receipt requested, with delivery restricted to a parent or legal |
| 19 | guardian with signature confirmation of receipt or, in the event |
| 20 | of a refusal to provide signature confirmation by the addressee, |
| 21 | by proof provided by the overnight carrier of the addressee's |
| 22 | addressee's refusal. |
| 23 | (d) "Medical emergency" means a condition that, on the |
| 24 | basis of a physician's good faith clinical judgment, so |
| 25 | complicates the medical condition of a pregnant minor as to |
| 26 | necessitate the immediate termination of her pregnancy to avert |
| 27 | her death, or for which a delay in the termination of her |
| 28 | pregnancy will create serious risk of substantial and |
| 29 | irreversible impairment of a major bodily function. |
| 30 | (e) "Minor" means a person under the age of 18 years. |
| 31 | (f) "Sexual abuse" has the meaning in s. 39.01. |
| 32 | (g) "Telephone notice" means notice provided to a parent or |
| 33 | legal guardian over the telephone during a live conversation |
| 34 | with a physician authorized to provide notice. Telephone notice |
| 35 | does not include voice or text messages on voicemail, answering |
| 36 | machines, or answering services. |
| 37 | (3) NOTIFICATION REQUIRED.-- |
| 38 | (a) 1. a. A termination of pregnancy may not be induced or |
| 39 | performed upon a minor unless the physician inducing or |
| 40 | performing the termination of pregnancy has provided actual |
| 41 | notice of the physician's intention to induce or perform the |
| 42 | termination of pregnancy to one parent or to the legal guardian |
| 43 | of the pregnant minor at least 48 hours prior to the |
| 44 | commencement of the inducement or performance of the termination |
| 45 | of pregnancy whichever occurs first. If actual notice is not |
| 46 | possible after exhausting all reasonable efforts, telephone |
| 47 | notice or constructive notice must be provided at least 48 hours |
| 48 | prior to the commencement of the inducement or performance of |
| 49 | the termination of pregnancy whichever occurs first. A |
| 50 | referring physician may give notice in compliance with this |
| 51 | section if the referring physician provides, and the physician |
| 52 | who is to perform the termination of pregnancy receives, a |
| 53 | written statement of the referring physician certifying that the |
| 54 | referring physician has given notice and specifying whether |
| 55 | actual, telephone or constructive notice was provided. A |
| 56 | physician providing telephone notice or constructive notice |
| 57 | shall document the reasonable efforts made to provide actual |
| 58 | notice and such records shall be kept with the minor's medical |
| 59 | records. |
| 60 | b. A physician giving telephone notice to a parent or legal |
| 61 | guardian must also provide constructive notice within 24 hours. |
| 62 | The physician providing telephone notice must verify the |
| 63 | identity of the parent or legal guardian by documenting the name |
| 64 | of the parent or legal guardian, the area code and telephone |
| 65 | number called, and the date and time the parent or legal |
| 66 | guardian was contacted by telephone. The physician must |
| 67 | maintain such documentation in a log maintained with the minor's |
| 68 | minor's medical records. |
| 69 | c. In all instances where constructive notice is provided |
| 70 | and the physician does not receive the return receipt within 30 |
| 71 | days of mailing, the physician shall document the minor's name |
| 72 | and date of birth, the date the termination of pregnancy was |
| 73 | performed or induced, the name and address of the minor's parent |
| 74 | or legal guardian, and that termination of pregnancy services |
| 75 | were performed. The physician inducing or performing the |
| 76 | termination of pregnancy must maintain such records until the |
| 77 | minor reaches 21 years of age or for 10 years, whichever occurs |
| 78 | first. |
| 79 | 2. Notice required under this subsection must include the |
| 80 | name and address of the facility performing the termination of |
| 81 | pregnancy, the name of the physician providing notice, the name |
| 82 | of the physician performing the termination of pregnancy, and |
| 83 | when the inducement or performance of the termination of |
| 84 | pregnancy is scheduled to be commenced. |
| 85 | (b) Prior Notice is not required if: |
| 86 | 1. In the physician's good-faith clinical judgment, a |
| 87 | medical emergency exists and there is insufficient time for the |
| 88 | attending physician to comply with the notification |
| 89 | requirements. If a medical emergency exists, the physician may |
| 90 | proceed but must document reasons for the medical necessity in |
| 91 | the patient's medical records and must thereafter provide notice |
| 92 | as described in subsection (3) as soon as possible, but in any |
| 93 | event, not to exceed 24 hours after the procedure is performed; |
| 94 | 2. Notice is waived by the minor who is or has been |
| 95 | married or has had the disability of nonage removed under s. |
| 96 | 743.015 or a similar statute of another state; |
| 97 | 3. Notice is waived by the patient because the patient is |
| 98 | the parent of a minor child dependent on her; or |
| 99 | 4. Notice is waived under subsection (4). |
| 100 | (c) Violation of this subsection by a physician |
| 101 | constitutes grounds for disciplinary action under s. 458.331 or |
| 102 | s. 459.015. |
| 103 | (4) PROCEDURE FOR JUDICIAL WAIVER OF NOTICE.-- |
| 104 | (a) A minor may file a petition in a single court of the |
| 105 | judicial circuit in which the minor resides for a waiver of the |
| 106 | notice requirements of subsection (3) and may participate in |
| 107 | proceedings on her own behalf. The petition may be filed under a |
| 108 | pseudonym or through the use of initials, as provided by court |
| 109 | rule. The petition must include a statement that the minor is |
| 110 | pregnant and that a petition for waiver has not been denied by |
| 111 | another court of competent jurisdiction. A minor has a right to |
| 112 | counsel pursuant to this subsection. The court shall advise the |
| 113 | minor of such right and appoint counsel upon her request at no |
| 114 | cost to the minor. |
| 115 | (b) Court proceedings under this subsection must be given |
| 116 | precedence over other pending matters to the extent necessary to |
| 117 | ensure that the court reaches a decision promptly. The court |
| 118 | shall issue its ruling no later than 5 days from the date the |
| 119 | minor's petition is filed. |
| 120 | (c) If the court finds, by clear and convincing evidence, |
| 121 | that the minor is sufficiently mature to decide whether to |
| 122 | terminate her pregnancy, the court shall issue an order |
| 123 | authorizing the minor to consent to the inducement or |
| 124 | performance of a termination of pregnancy without the |
| 125 | notification of a parent or legal guardian. In determining |
| 126 | whether a minor is sufficiently mature, the court shall consider |
| 127 | evidence relating to the emotional development, maturity, |
| 128 | intellect, and understanding of the minor, and all other |
| 129 | relevant evidence. If the court does not make the finding |
| 130 | specified in this paragraph or paragraph (d), it must dismiss |
| 131 | the petition. |
| 132 | (d) If the court finds, by a preponderance of the |
| 133 | evidence, that there is evidence of child abuse or sexual abuse |
| 134 | of the petitioner by one or both of her parents or her legal |
| 135 | guardian, the court shall issue an order authorizing the minor |
| 136 | to consent to the inducement or performance of a termination of |
| 137 | pregnancy without the notification of a parent or legal |
| 138 | guardian. If the court finds evidence of child abuse or a |
| 139 | violation of s.800.04, s. 794.011(2)-(5), or s. 826.04, |
| 140 | committed by any person against the petitioner, the court shall |
| 141 | report the evidence to the Department of Children and Family |
| 142 | Services or the appropriate law enforcement agency. If the court |
| 143 | does not make the finding specified in this paragraph or |
| 144 | paragraph (c), it must dismiss the petition. |
| 145 | (e) A court that conducts proceedings under this section |
| 146 | shall provide for a written transcript of all testimony and |
| 147 | proceedings and issue written and specific factual findings and |
| 148 | legal conclusions supporting its decision and shall order that a |
| 149 | confidential record be maintained, as required under s. |
| 150 | 390.01116. All hearings under this section, including appeals, |
| 151 | shall remain confidential and closed to the public, as provided |
| 152 | by court rule. |
| 153 | (f) An expedited appeal shall be available, as the Supreme |
| 154 | Court provides by rule, to any minor to whom the circuit court |
| 155 | denies a waiver of notice. An order authorizing a termination of |
| 156 | pregnancy without notice is not subject to appeal. |
| 157 | (g) No filing fees or court costs shall be required of any |
| 158 | pregnant minor who petitions a court for a waiver of parental |
| 159 | notification under this subsection at either the trial or the |
| 160 | appellate level. |
| 161 | (h) No county shall be obligated to pay the salaries, |
| 162 | costs, or expenses of any counsel appointed by the court under |
| 163 | this subsection. |
| 164 | (5) REPORT.--The Supreme Court, through the Office of the |
| 165 | State Courts Administrator, shall report by February 1 of each |
| 166 | year to the Governor, the President of the Senate, and the |
| 167 | Speaker of the House of Representatives on the number of |
| 168 | petitions filed under subsection (4) for the preceding year, and |
| 169 | the timing and manner of disposal of such petitions by each |
| 170 | circuit court. |
| 171 | Section 3. This act shall take effect upon the adoption of |
| 172 | rules and forms by the Supreme Court, but no later than July 1, |
| 173 | 2005. |
| 174 |
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| 175 | ================= T I T L E A M E N D M E N T ================= |
| 176 | Remove the entire title and insert: |
| 177 | An act relating to the termination of pregnancies; |
| 178 | repealing s. 390.01115, F.S., relating to the Parental |
| 179 | Notice of Abortion Act; creating s. 390.01114, F.S.; |
| 180 | creating the Parental Notice of Abortion Act; providing a |
| 181 | short title; defining terms; prohibiting the performing or |
| 182 | inducement of a termination of pregnancy upon a minor |
| 183 | without specified notice; providing disciplinary action |
| 184 | for violation; prescribing notice requirements; providing |
| 185 | exceptions; prescribing a procedure for judicial waiver of |
| 186 | notice; providing for notice of right to counsel; |
| 187 | providing for issuance of a court order authorizing |
| 188 | consent to a termination of pregnancy without |
| 189 | notification; providing for dismissal of petitions; |
| 190 | requiring the issuance of written findings of fact and |
| 191 | legal conclusions; providing for confidential and closed |
| 192 | hearings; providing for expedited appeal; providing for |
| 193 | waiver of filing fees and court costs; precluding |
| 194 | assumption of certain expenses by counties; requiring the |
| 195 | Supreme Court to report annually to the Governor and the |
| 196 | Legislature; providing a contingent effective date. |