HB 1659

1
A bill to be entitled
2An act relating to the termination of pregnancies;
3repealing s. 390.01115, F.S., relating to the Parental
4Notice of Abortion Act; creating s. 390.01114, F.S.;
5creating the Parental Notice of Abortion Act; providing a
6short title; defining terms; prohibiting the performing or
7inducement of a termination of pregnancy upon a minor
8without specified notice; providing disciplinary action
9for violation; prescribing notice requirements; requiring
10certain information to be recorded in the medical file of
11the minor; providing exceptions to the notice
12requirements; prescribing a procedure for judicial waiver
13of notice; providing for notice of right to counsel;
14providing for issuance of a court order authorizing
15consent to a termination of pregnancy without
16notification; providing for dismissal of petitions;
17requiring the issuance of written findings of fact and
18legal conclusions; providing for confidential and closed
19hearings; providing for expedited appeal; providing for
20waiver of filing fees and court costs; precluding
21assumption of certain expenses by counties; requesting the
22Supreme Court to adopt rules; requiring the Supreme Court
23to report annually to the Governor and the Legislature;
24providing a contingent effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Section 390.01115, Florida Statutes, is
29repealed.
30     Section 2.  Section 390.01114, Florida Statutes, is created
31to read:
32     390.01114  Parental Notice of Abortion Act.--
33     (1)  SHORT TITLE.--This section may be cited as the
34"Parental Notice of Abortion Act."
35     (2)  DEFINITIONS.--As used in this section, the term:
36     (a)  "Actual notice" means notice that is given directly,
37in person or by telephone, to a parent or legal guardian of a
38minor, by a physician, at least 48 hours before the inducement
39or performance of a termination of pregnancy, and documented in
40the minor's files.
41     (b)  "Child abuse" has the same meaning as s. 39.0015(3).
42     (c)  "Constructive notice" means notice that is given in
43writing, signed by the physician, and mailed at least 72 hours
44before the inducement or performance of the termination of
45pregnancy, to the last known address of the parent or legal
46guardian of the minor, by certified mail, return receipt
47requested, and delivery restricted to the parent or legal
48guardian.  After the 72 hours have passed, delivery is deemed to
49have occurred.
50     (d)  "Medical emergency" means a condition that, on the
51basis of a physician's good faith clinical judgment, so
52complicates the medical condition of a pregnant woman as to
53necessitate the immediate termination of her pregnancy to avert
54her death, or for which a delay in the termination of her
55pregnancy will create serious risk of substantial and
56irreversible impairment of a major bodily function.
57     (e)  "Sexual abuse" has the meaning ascribed in s. 39.01.
58     (f)  "Minor" means a person under the age of 18 years.
59     (3)  NOTIFICATION REQUIRED.--
60     (a)  Actual notice shall be provided by the physician
61performing or inducing the termination of pregnancy before the
62performance or inducement of the termination of the pregnancy of
63a minor. The notice may be given by a referring physician. The
64physician who performs or induces the termination of pregnancy
65must receive the written statement of the referring physician
66certifying that the referring physician has given notice. If
67actual notice is not possible after a reasonable effort has been
68made, the physician performing or inducing the termination of
69pregnancy or the referring physician must give constructive
70notice. Notice given under this subsection by the physician
71performing or inducing the termination of pregnancy must include
72the name and address of the facility providing the termination
73of pregnancy, the name of the physician providing notice. Notice
74given under this subsection by a referring physician must
75include the name and address of the facility where he or she is
76referring the minor and the name of the physician providing
77notice. If actual notice is provided by telephone, the physician
78must actually speak with the parent or guardian, and must record
79in the minor's medical file the name of the parent or guardian
80provided notice, the phone number dialed, and the date and time
81of the call. If constructive notice is given, the physician must
82document that notice by placing copies of any document related
83to the constructive notice, including, but not limited to, a
84copy of the letter and the return receipt, in the minor's
85medical file.
86     (b)  Notice is not required if:
87     1.  In the physician's good-faith clinical judgment, a
88medical emergency exists and there is insufficient time for the
89attending physician to comply with the notification
90requirements. If a medical emergency exists, the physician may
91proceed but must document reasons for the medical necessity in
92the patient's medical records;
93     2.  Notice is waived in writing by the person who is
94entitled to notice;
95     3.  Notice is waived by the minor who is or has been
96married or has had the disability of nonage removed under s.
97743.015 or a similar statute of another state;
98     4.  Notice is waived by the patient because the patient has
99a minor child dependent on her; or
100     5.  Notice is waived under subsection (4).
101     (c)  Violation of this subsection by a physician
102constitutes grounds for disciplinary action under s. 458.331 or
103s. 459.015.
104     (4)  PROCEDURE FOR JUDICIAL WAIVER OF NOTICE.--
105     (a)  A minor may petition any circuit court in a judicial
106circuit within the jurisdiction of the District Court of Appeal
107in which she resides for a waiver of the notice requirements of
108subsection (3) and may participate in proceedings on her own
109behalf. The petition may be filed under a pseudonym or through
110the use of initials, as provided by court rule. The petition
111must include a statement that the petitioner is pregnant and
112notice has not been waived. The court shall advise the minor
113that she has a right to court-appointed counsel and shall
114provide her with counsel upon her request at no cost to the
115minor.
116     (b)  Court proceedings under this subsection must be given
117precedence over other pending matters to the extent necessary to
118ensure that the court reaches a decision promptly. The court
119shall rule, and issue written findings of fact and conclusions
120of law, within 48 hours after the petition is filed, except that
121the 48-hour limitation may be extended at the request of the
122minor. If the court fails to rule within the 48-hour period and
123an extension has not been requested, the petition is granted,
124and the notice requirement is waived.
125     (c)  If the court finds, by clear and convincing evidence,
126that the minor is sufficiently mature to decide whether to
127terminate her pregnancy, the court shall issue an order
128authorizing the minor to consent to the performance or
129inducement of a termination of pregnancy without the
130notification of a parent or guardian. If the court does not make
131the finding specified in this paragraph or paragraph (d), it
132must dismiss the petition.
133     (d)  If the court finds, by a preponderance of the
134evidence, that there is evidence of child abuse or sexual abuse
135of the petitioner by one or both of her parents or her guardian,
136or that the notification of a parent or guardian is not in the
137best interest of the petitioner, the court shall issue an order
138authorizing the minor to consent to the performance or
139inducement of a termination of pregnancy without the
140notification of a parent or guardian. If the court finds
141evidence of child abuse or sexual abuse of the minor petitioner
142by any person, the court shall report the evidence of child
143abuse or sexual abuse of the petitioner, as provided in s.
14439.201. If the court does not make the finding specified in this
145paragraph or paragraph (c), it must dismiss the petition.
146     (e)  A court that conducts proceedings under this section
147shall provide for a written transcript of all testimony and
148proceedings and issue written and specific factual findings and
149legal conclusions supporting its decision and shall order that a
150confidential record be maintained, as required under s.
151390.01116. At the hearing, the court shall hear evidence
152relating to the emotional development, maturity, intellect, and
153understanding of the minor, and all other relevant evidence. All
154hearings under this section, including appeals, shall remain
155confidential and closed to the public, as provided by court
156rule.
157     (f)  An expedited appeal shall be available, as the Supreme
158Court provides by rule, to any minor to whom the circuit court
159denies a waiver of notice. An order authorizing a termination of
160pregnancy without notice is not subject to appeal.
161     (g)  No filing fees or court costs shall be required of any
162pregnant minor who petitions a court for a waiver of parental
163notification under this subsection at either the trial or the
164appellate level.
165     (h)  No county shall be obligated to pay the salaries,
166costs, or expenses of any counsel appointed by the court under
167this subsection.
168     (5)  PROCEEDINGS.--The Supreme Court is requested to adopt
169rules and forms for petitions to ensure that proceedings under
170subsection (4) are handled expeditiously and in a manner
171consistent with this act. The Supreme Court is also requested to
172adopt rules to ensure that the hearings protect the minor's
173confidentiality and the confidentiality of the proceedings.
174     (6)  REPORT.--The Supreme Court, through the Office of the
175State Courts Administrator, shall report by February 1 of each
176year to the Governor, the President of the Senate, and the
177Speaker of the House of Representatives on the number of
178petitions filed under subsection (4) for the preceding year, and
179the timing and manner of disposal of such petitions by each
180circuit court.
181     Section 3.  This act shall take effect upon the adoption of
182rules and forms by the Supreme Court, but no later than July 1,
1832005.


CODING: Words stricken are deletions; words underlined are additions.