Senate Bill sb1908

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    Florida Senate - 2005                                  SB 1908

    By Senator Dockery





    15-1580-05

  1                      A bill to be entitled

  2         An act relating to the termination of

  3         pregnancies; repealing s. 390.01115, F.S.,

  4         relating to the Parental Notice of Abortion

  5         Act; creating s. 390.01114, F.S.; reenacting

  6         the Parental Notice of Abortion Act without

  7         modification; providing a short title; defining

  8         terms; prohibiting the performing or inducement

  9         of a termination of pregnancy upon a minor

10         without specified notice; providing

11         disciplinary action for violation; prescribing

12         notice requirements; providing exceptions;

13         prescribing a procedure for judicial waiver of

14         notice; providing for notice of right to

15         counsel; providing for issuance of a court

16         order authorizing consent to a termination of

17         pregnancy without notification; providing for

18         dismissal of petitions; requiring the issuance

19         of written findings of fact and legal

20         conclusions; providing for expedited appeal;

21         providing for waiver of filing fees and court

22         costs; precluding assumption of certain

23         expenses by counties; requesting the Supreme

24         Court to adopt rules; requiring the Supreme

25         Court to report annually to the Governor and

26         the Legislature; providing an effective date.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30         Section 1.  Section 390.01115, Florida Statutes, is

31  repealed.

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    Florida Senate - 2005                                  SB 1908
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 1         Section 2.  Section 390.01114, Florida Statutes, is

 2  created to read:

 3         390.01114  Parental Notice of Abortion Act.--

 4         (1)  SHORT TITLE.--This section may be cited as the

 5  "Parental Notice of Abortion Act."

 6         (2)  DEFINITIONS.--As used in this section, the term:

 7         (a)  "Actual notice" means notice that is given

 8  directly, in person, or by telephone.

 9         (b)  "Child abuse" has the meaning ascribed in s.

10  39.0015(3) and refers to the acts of child abuse against a

11  minor by a family member as defined in s. 741.28.

12         (c)  "Constructive notice" means notice that is given

13  by certified mail to the last known address of the parent or

14  legal guardian of a minor, with delivery deemed to have

15  occurred 48 hours after the certified notice is mailed.

16         (d)  "Medical emergency" means a condition that, on the

17  basis of a physician's good faith clinical judgment, so

18  complicates the medical condition of a pregnant woman as to

19  necessitate the immediate termination of her pregnancy to

20  avert her death, or for which a delay in the termination of

21  her pregnancy will create serious risk of substantial and

22  irreversible impairment of a major bodily function.

23         (e)  "Sexual abuse" has the meaning ascribed in s.

24  39.01 and refers to the acts of sexual abuse against a minor

25  by a family member as defined in s. 741.28.

26         (3)  NOTIFICATION REQUIRED.--

27         (a)  A termination of pregnancy may not be performed or

28  induced upon a minor unless the physician performing or

29  inducing the termination of pregnancy has given at least 48

30  hours' actual notice to one parent or to the legal guardian of

31  the pregnant minor of his or her intention to perform or

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    Florida Senate - 2005                                  SB 1908
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 1  induce the termination of pregnancy. The notice may be given

 2  by a referring physician. The physician who performs the

 3  termination of pregnancy must receive the written statement of

 4  the referring physician certifying that the referring

 5  physician has given notice. If actual notice is not possible

 6  after a reasonable effort has been made, the physician or his

 7  or her agent must give 48 hours' constructive notice.

 8         (b)  Notice is not required if:

 9         1.  A medical emergency exists and there is

10  insufficient time for the attending physician to comply with

11  the notification requirements. If a medical emergency exists,

12  the physician may proceed but must document reasons for the

13  medical necessity in the patient's medical records;

14         2.  Notice is waived in writing by the person who is

15  entitled to notice;

16         3.  Notice is waived by the minor who is or has been

17  married or has had the disability of nonage removed under s.

18  743.015 or a similar statute of another state;

19         4.  Notice is waived by the patient because the patient

20  has a minor child dependent on her; or

21         5.  Notice is waived under subsection (4).

22         (c)  Violation of this subsection by a physician

23  constitutes grounds for disciplinary action under s. 458.331

24  or s. 459.015.

25         (4)  PROCEDURE FOR JUDICIAL WAIVER OF NOTICE.--

26         (a)  A minor may petition any circuit court for a

27  waiver of the notice requirements of subsection (3) and may

28  participate in proceedings on her own behalf. The petition

29  must include a statement that the petitioner is pregnant and

30  notice has not been waived. The court may appoint a guardian

31  ad litem for her. A guardian ad litem appointed under this

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    Florida Senate - 2005                                  SB 1908
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 1  subsection shall act to maintain the confidentiality of the

 2  proceedings. The circuit court shall advise the minor that she

 3  has a right to court-appointed counsel and shall provide her

 4  with counsel upon her request.

 5         (b)  Court proceedings under this subsection must be

 6  given precedence over other pending matters to the extent

 7  necessary to ensure that the court reaches a decision

 8  promptly. The court shall rule, and issue written findings of

 9  fact and conclusions of law, within 48 hours after the

10  petition is filed, except that the 48-hour limitation may be

11  extended at the request of the minor. If the court fails to

12  rule within the 48-hour period and an extension has not been

13  requested, the petition is granted, and the notice requirement

14  is waived.

15         (c)  If the court finds, by clear evidence, that the

16  minor is sufficiently mature to decide whether to terminate

17  her pregnancy, the court shall issue an order authorizing the

18  minor to consent to the performance or inducement of a

19  termination of pregnancy without the notification of a parent

20  or guardian. If the court does not make the finding specified

21  in this paragraph or paragraph (d), it must dismiss the

22  petition.

23         (d)  If the court finds, by clear evidence, that there

24  is evidence of child abuse or sexual abuse of the petitioner

25  by one or both of her parents or her guardian, or that the

26  notification of a parent or guardian is not in the best

27  interest of the petitioner, the court shall issue an order

28  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  

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    Florida Senate - 2005                                  SB 1908
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 1  make the finding specified in this paragraph or paragraph (c),

 2  it must dismiss the petition.

 3         (e)  A court that conducts proceedings under this

 4  section shall provide for a written transcript of all

 5  testimony and proceedings and issue written and specific

 6  factual findings and legal conclusions supporting its decision

 7  and shall order that a confidential record of the evidence and

 8  the judge's findings and conclusions be maintained. At the

 9  hearing, the court shall hear evidence relating to the

10  emotional development, maturity, intellect, and understanding

11  of the minor.

12         (f)  An expedited confidential appeal shall be

13  available, as the Supreme Court provides by rule, to any minor

14  to whom the circuit court denies a waiver of notice. An order

15  authorizing a termination of pregnancy without notice is not

16  subject to appeal.

17         (g)  No filing fees or court costs shall be required of

18  any pregnant minor who petitions a court for a waiver of

19  parental notification under this subsection at either the

20  trial or the appellate level.

21         (h)  No county shall be obligated to pay the salaries,

22  costs, or expenses of any counsel appointed by the court under

23  this subsection.

24         (5)  PROCEEDINGS.--The Supreme Court is requested to

25  adopt rules and forms for petitions to ensure that proceedings

26  under subsection (4) are handled expeditiously and in a manner

27  that will satisfy the requirements of state and federal

28  courts.

29         (6)  REPORT.--The Supreme Court, through the Office of

30  the State Courts Administrator, shall report by February 1 of

31  each year to the Governor, the President of the Senate, and

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    Florida Senate - 2005                                  SB 1908
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 1  the Speaker of the House of Representatives on the number of

 2  petitions filed under subsection (4) for the preceding year,

 3  and the timing and manner of disposal of such petitions by

 4  each circuit court.

 5         Section 3.  This act shall take effect July 1, 2005.

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 8                          SENATE SUMMARY

 9    Reenacts the Parental Notice of Abortion Act without
      modification.
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