| 1 | A bill to be entitled |
| 2 | An act relating to the termination of pregnancies; |
| 3 | repealing s. 390.01115, F.S., relating to the Parental |
| 4 | Notice of Abortion Act; creating s. 390.01114, F.S.; |
| 5 | creating the Parental Notice of Abortion Act; providing a |
| 6 | short title; defining terms; prohibiting the performing or |
| 7 | inducement of a termination of pregnancy upon a minor |
| 8 | without specified notice; providing disciplinary action |
| 9 | for violation; prescribing notice requirements; requiring |
| 10 | certain information to be recorded in the medical file of |
| 11 | the minor; providing exceptions to the notice |
| 12 | requirements; prescribing a procedure for judicial waiver |
| 13 | of notice; providing for notice of right to counsel; |
| 14 | providing for issuance of a court order authorizing |
| 15 | consent to a termination of pregnancy without |
| 16 | notification; providing for dismissal of petitions; |
| 17 | requiring the issuance of written findings of fact and |
| 18 | legal conclusions; providing for confidential and closed |
| 19 | hearings; providing for expedited appeal; providing for |
| 20 | waiver of filing fees and court costs; precluding |
| 21 | assumption of certain expenses by counties; requesting the |
| 22 | Supreme Court to adopt rules; requiring the Supreme Court |
| 23 | to report annually to the Governor and the Legislature; |
| 24 | providing a contingent effective date. |
| 25 |
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| 26 | Be It Enacted by the Legislature of the State of Florida: |
| 27 |
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| 28 | Section 1. Section 390.01115, Florida Statutes, is |
| 29 | repealed. |
| 30 | Section 2. Section 390.01114, Florida Statutes, is created |
| 31 | to 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, |
| 37 | in person or by telephone, to a parent or legal guardian of a |
| 38 | minor, by a physician, at least 48 hours before the inducement |
| 39 | or performance of a termination of pregnancy, and documented in |
| 40 | the 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 |
| 43 | writing, signed by the physician, and mailed at least 72 hours |
| 44 | before the inducement or performance of the termination of |
| 45 | pregnancy, to the last known address of the parent or legal |
| 46 | guardian of the minor, by certified mail, return receipt |
| 47 | requested, and delivery restricted to the parent or legal |
| 48 | guardian. After the 72 hours have passed, delivery is deemed to |
| 49 | have occurred. |
| 50 | (d) "Medical emergency" means a condition that, on the |
| 51 | basis of a physician's good faith clinical judgment, so |
| 52 | complicates the medical condition of a pregnant woman as to |
| 53 | necessitate the immediate termination of her pregnancy to avert |
| 54 | her death, or for which a delay in the termination of her |
| 55 | pregnancy will create serious risk of substantial and |
| 56 | irreversible 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 |
| 61 | performing or inducing the termination of pregnancy before the |
| 62 | performance or inducement of the termination of the pregnancy of |
| 63 | a minor. The notice may be given by a referring physician. The |
| 64 | physician who performs or induces the termination of pregnancy |
| 65 | must receive the written statement of the referring physician |
| 66 | certifying that the referring physician has given notice. If |
| 67 | actual notice is not possible after a reasonable effort has been |
| 68 | made, the physician performing or inducing the termination of |
| 69 | pregnancy or the referring physician must give constructive |
| 70 | notice. Notice given under this subsection by the physician |
| 71 | performing or inducing the termination of pregnancy must include |
| 72 | the name and address of the facility providing the termination |
| 73 | of pregnancy, the name of the physician providing notice. Notice |
| 74 | given under this subsection by a referring physician must |
| 75 | include the name and address of the facility where he or she is |
| 76 | referring the minor and the name of the physician providing |
| 77 | notice. If actual notice is provided by telephone, the physician |
| 78 | must actually speak with the parent or guardian, and must record |
| 79 | in the minor's medical file the name of the parent or guardian |
| 80 | provided notice, the phone number dialed, and the date and time |
| 81 | of the call. If constructive notice is given, the physician must |
| 82 | document that notice by placing copies of any document related |
| 83 | to the constructive notice, including, but not limited to, a |
| 84 | copy of the letter and the return receipt, in the minor's |
| 85 | medical file. |
| 86 | (b) Notice is not required if: |
| 87 | 1. In the physician's good-faith clinical judgment, a |
| 88 | medical emergency exists and there is insufficient time for the |
| 89 | attending physician to comply with the notification |
| 90 | requirements. If a medical emergency exists, the physician may |
| 91 | proceed but must document reasons for the medical necessity in |
| 92 | the patient's medical records; |
| 93 | 2. Notice is waived in writing by the person who is |
| 94 | entitled to notice; |
| 95 | 3. Notice is waived by the minor who is or has been |
| 96 | married or has had the disability of nonage removed under s. |
| 97 | 743.015 or a similar statute of another state; |
| 98 | 4. Notice is waived by the patient because the patient has |
| 99 | a minor child dependent on her; or |
| 100 | 5. Notice is waived under subsection (4). |
| 101 | (c) Violation of this subsection by a physician |
| 102 | constitutes grounds for disciplinary action under s. 458.331 or |
| 103 | s. 459.015. |
| 104 | (4) PROCEDURE FOR JUDICIAL WAIVER OF NOTICE.-- |
| 105 | (a) A minor may petition any circuit court in a judicial |
| 106 | circuit within the jurisdiction of the District Court of Appeal |
| 107 | in which she resides for a waiver of the notice requirements of |
| 108 | subsection (3) and may participate in proceedings on her own |
| 109 | behalf. The petition may be filed under a pseudonym or through |
| 110 | the use of initials, as provided by court rule. The petition |
| 111 | must include a statement that the petitioner is pregnant and |
| 112 | notice has not been waived. The court shall advise the minor |
| 113 | that she has a right to court-appointed counsel and shall |
| 114 | provide her with counsel upon her request at no cost to the |
| 115 | minor. |
| 116 | (b) Court proceedings under this subsection must be given |
| 117 | precedence over other pending matters to the extent necessary to |
| 118 | ensure that the court reaches a decision promptly. The court |
| 119 | shall rule, and issue written findings of fact and conclusions |
| 120 | of law, within 48 hours after the petition is filed, except that |
| 121 | the 48-hour limitation may be extended at the request of the |
| 122 | minor. If the court fails to rule within the 48-hour period and |
| 123 | an extension has not been requested, the petition is granted, |
| 124 | and the notice requirement is waived. |
| 125 | (c) If the court finds, by clear and convincing evidence, |
| 126 | that the minor is sufficiently mature to decide whether to |
| 127 | terminate her pregnancy, the court shall issue an order |
| 128 | authorizing the minor to consent to the performance or |
| 129 | inducement of a termination of pregnancy without the |
| 130 | notification of a parent or guardian. If the court does not make |
| 131 | the finding specified in this paragraph or paragraph (d), it |
| 132 | must dismiss the petition. |
| 133 | (d) If the court finds, by a preponderance of the |
| 134 | evidence, that there is evidence of child abuse or sexual abuse |
| 135 | of the petitioner by one or both of her parents or her guardian, |
| 136 | or that the notification of a parent or guardian is not in the |
| 137 | best interest of the petitioner, the court shall issue an order |
| 138 | authorizing the minor to consent to the performance or |
| 139 | inducement of a termination of pregnancy without the |
| 140 | notification of a parent or guardian. If the court finds |
| 141 | evidence of child abuse or sexual abuse of the minor petitioner |
| 142 | by any person, the court shall report the evidence of child |
| 143 | abuse or sexual abuse of the petitioner, as provided in s. |
| 144 | 39.201. If the court does not make the finding specified in this |
| 145 | paragraph or paragraph (c), it must dismiss the petition. |
| 146 | (e) A court that conducts proceedings under this section |
| 147 | shall provide for a written transcript of all testimony and |
| 148 | proceedings and issue written and specific factual findings and |
| 149 | legal conclusions supporting its decision and shall order that a |
| 150 | confidential record be maintained, as required under s. |
| 151 | 390.01116. At the hearing, the court shall hear evidence |
| 152 | relating to the emotional development, maturity, intellect, and |
| 153 | understanding of the minor, and all other relevant evidence. All |
| 154 | hearings under this section, including appeals, shall remain |
| 155 | confidential and closed to the public, as provided by court |
| 156 | rule. |
| 157 | (f) An expedited appeal shall be available, as the Supreme |
| 158 | Court provides by rule, to any minor to whom the circuit court |
| 159 | denies a waiver of notice. An order authorizing a termination of |
| 160 | pregnancy without notice is not subject to appeal. |
| 161 | (g) No filing fees or court costs shall be required of any |
| 162 | pregnant minor who petitions a court for a waiver of parental |
| 163 | notification under this subsection at either the trial or the |
| 164 | appellate level. |
| 165 | (h) No county shall be obligated to pay the salaries, |
| 166 | costs, or expenses of any counsel appointed by the court under |
| 167 | this subsection. |
| 168 | (5) PROCEEDINGS.--The Supreme Court is requested to adopt |
| 169 | rules and forms for petitions to ensure that proceedings under |
| 170 | subsection (4) are handled expeditiously and in a manner |
| 171 | consistent with this act. The Supreme Court is also requested to |
| 172 | adopt rules to ensure that the hearings protect the minor's |
| 173 | confidentiality and the confidentiality of the proceedings. |
| 174 | (6) REPORT.--The Supreme Court, through the Office of the |
| 175 | State Courts Administrator, shall report by February 1 of each |
| 176 | year to the Governor, the President of the Senate, and the |
| 177 | Speaker of the House of Representatives on the number of |
| 178 | petitions filed under subsection (4) for the preceding year, and |
| 179 | the timing and manner of disposal of such petitions by each |
| 180 | circuit court. |
| 181 | Section 3. This act shall take effect upon the adoption of |
| 182 | rules and forms by the Supreme Court, but no later than July 1, |
| 183 | 2005. |