Senate Bill sb1908c1

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    Florida Senate - 2005                           CS for SB 1908

    By the Committee on Judiciary; and Senators Dockery, Fasano,
    Webster, Bullard, Peaden, Lawson, King, Garcia, Haridopolos,
    Diaz de la Portilla, Saunders, Pruitt, Wise, Alexander,
    Atwater, Lynn, Argenziano, Jones, Bennett, Sebesta, Baker and
    Villalobos

    590-1969-05

  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.; creating the

  6         Parental Notice of Abortion Act; providing a

  7         short title; defining terms; prohibiting the

  8         performing or inducement of a termination of

  9         pregnancy upon a minor without specified

10         notice; providing disciplinary action for

11         violation; prescribing notice requirements;

12         providing exceptions; prescribing a procedure

13         for judicial waiver of notice; providing for

14         notice of right to counsel; providing for

15         issuance of a court order authorizing consent

16         to a termination of pregnancy without

17         notification; providing for dismissal of

18         petitions; requiring the issuance of written

19         findings of fact and legal conclusions;

20         providing for expedited appeal; providing for

21         waiver of filing fees and court costs;

22         precluding assumption of certain expenses by

23         counties; requesting the Supreme Court to adopt

24         rules; requiring the Supreme Court to report

25         annually to the Governor and the Legislature;

26         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31  repealed.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                           CS for SB 1908
    590-1969-05




 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).

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

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

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

14  occurred 48 hours after the certified notice is mailed.

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

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

17  complicates the medical condition of a pregnant woman as to

18  necessitate the immediate termination of her pregnancy to

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

20  her pregnancy will create serious risk of substantial and

21  irreversible impairment of a major bodily function.

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

23  39.01.

24         (f)  "Minor" means a person under the age of 18 years.

25         (3)  NOTIFICATION REQUIRED.--

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

27  induced upon a minor unless the physician performing or

28  inducing the termination of pregnancy has given at least 48

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

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

31  induce the termination of pregnancy. The notice may be given

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    Florida Senate - 2005                           CS for SB 1908
    590-1969-05




 1  by a referring physician. The physician who performs the

 2  termination of pregnancy must receive the written statement of

 3  the referring physician certifying that the referring

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

 5  after a reasonable effort has been made, the physician

 6  performing or inducing the termination of pregnancy or the

 7  referring physician must give 48 hours' constructive notice.

 8         (b)  Notice is not required if:

 9         1.  In the physician's good-faith clinical judgment, a

10  medical emergency exists and there is insufficient time for

11  the attending physician to comply with the notification

12  requirements. If a medical emergency exists, the physician may

13  proceed but must document reasons for the medical necessity in

14  the patient's medical records;

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

16  entitled to notice;

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

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

19  743.015 or a similar statute of another state;

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

21  has a minor child dependent on her; or

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

23         (c)  Violation of this subsection by a physician

24  constitutes grounds for disciplinary action under s. 458.331

25  or s. 459.015.

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

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

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

29  participate in proceedings on her own behalf. The petition may

30  be filed under a pseudonym. The court shall maintain the

31  petition and any supporting documentation under seal. The

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    Florida Senate - 2005                           CS for SB 1908
    590-1969-05




 1  petition must include a statement that the petitioner is

 2  pregnant and notice has not been waived. The court shall

 3  advise the minor that she has a right to court-appointed

 4  counsel and shall provide her with counsel upon her request at

 5  no cost to the minor.

 6         (b)  Court proceedings under this subsection must be

 7  given precedence over other pending matters to the extent

 8  necessary to ensure that the court reaches a decision

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

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

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

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

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

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

15  is waived.

16         (c)  If the court finds, by clear and convincing

17  evidence, that the minor is sufficiently mature to decide

18  whether to terminate her pregnancy, the court shall issue an

19  order authorizing the minor to consent to the performance or

20  inducement of a termination of pregnancy without the

21  notification of a parent or guardian. If the court does not

22  make the finding specified in this paragraph or paragraph (d),

23  it must dismiss the petition.

24         (d)  If the court finds, by clear and convincing

25  evidence, that there is evidence of child abuse or sexual

26  abuse of the petitioner by one or both of her parents or her

27  guardian, or that the notification of a parent or guardian is

28  not in the best interest of the petitioner, the court shall

29  issue an order authorizing the minor to consent to the

30  performance or inducement of a termination of pregnancy

31  without the notification of a parent or guardian. If the court

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    Florida Senate - 2005                           CS for SB 1908
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 1  finds evidence of child abuse or sexual abuse of the minor

 2  petitioner by any person, the court shall report the evidence

 3  of child abuse or sexual abuse of the petitioner to the

 4  appropriate agency or law enforcement agency. If the court

 5  does not make the finding specified in this paragraph or

 6  paragraph (c), it must dismiss the petition.

 7         (e)  A court that conducts proceedings under this

 8  section shall provide for a written transcript of all

 9  testimony and proceedings and issue written and specific

10  factual findings and legal conclusions supporting its decision

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

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

13  hearing, the court shall hear evidence relating to the

14  emotional development, maturity, intellect, and understanding

15  of the minor, and all other relevant evidence.

16         (f)  An expedited confidential appeal shall be

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

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

19  authorizing a termination of pregnancy without notice is not

20  subject to appeal.

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

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

23  parental notification under this subsection at either the

24  trial or the appellate level.

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

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

27  this subsection.

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

29  adopt rules and forms for petitions to ensure that proceedings

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

31  that will satisfy the requirements of state and federal

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    Florida Senate - 2005                           CS for SB 1908
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 1  courts. The Supreme Court is also requested to adopt rules to

 2  ensure that the hearings protect the minor's confidentiality

 3  and the confidentiality of the proceedings.

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

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

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

 7  the Speaker of the House of Representatives on the number of

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

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

10  each circuit court.

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

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                         Senate Bill 1908

15                                 

16  This committee substitute makes the following changes:

17  --   Defines a minor as a person who is under the age of 18;

18  --   Removes a provision which authorized the court to appoint
         a guardian ad litem in a judicial waiver hearing;
19  
    --   Authorizes a judicial waiver petition to be filed under a
20       pseudonym, and requires the court to maintain the
         petition and other documentation under seal;
21  
    --   Clarifies that the appointment of counsel is to be at no
22       cost to the minor;

23  --   Clarifies that the burden of proof is "clear and
         convincing";
24  
    --   Requires the court to report evidence of child abuse or
25       sexual abuse by any person;

26  --   Expands evidence that the court is required to hear to
         include all other relevant evidence; and
27  
    --   Requests the Supreme Court to adopt rules providing for
28       confidentiality.

29  

30  

31  

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