HB 1527

CS

CHAMBER ACTION

1	The Civil Justice Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to parental notification of termination of
7	a minor's pregnancy; amending s. 390.01114, F.S.; amending
8	a definition; providing procedural requirements for actual
9	notice given by telephone; providing procedural
10	requirements for certain waivers of notice; revising the
11	procedures for judicial waiver of notice; revising
12	evidentiary standards for a court determining judicial
13	waiver of notice; providing factors with which a court
14	determines whether a minor is sufficiently mature;
15	revising the best interest standard; requiring the Supreme
16	Court to include in reports reasons for judicial waiver of
17	notice; providing for the application of mandatory child
18	abuse reporting provisions; providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Section 390.01114, Florida Statutes, is amended
23	to read:
24	390.01114  Parental Notice of Abortion Act.--
25	(1)  SHORT TITLE.--This section may be cited as the
26	"Parental Notice of Abortion Act."
27	(2)  DEFINITIONS.--As used in this section, the term:
28	(a)  "Actual notice" means notice that is given directly,
29	in person or by telephone, to a parent or legal guardian of a
30	minor, by a physician, at least 48 hours before the inducement
31	or performance of a termination of pregnancy, and documented in
32	the minor's files.
33	(b)  "Child abuse" has the same meaning as s. 39.0015(3).
34	(c)  "Constructive notice" means notice that is given in
35	writing, signed by the physician, and mailed at least 72 hours
36	before the inducement or performance of the termination of
37	pregnancy, to the last known address of the parent or legal
38	guardian of the minor, by regular mail and by certified mail,
39	return receipt requested, and delivery restricted to the parent
40	or legal guardian. After the 72 hours have passed, delivery is
41	deemed to have occurred.
42	(d)  "Medical emergency" means a condition that, on the
43	basis of a physician's good faith clinical judgment, so
44	complicates the medical condition of a pregnant woman as to
45	necessitate the immediate termination of her pregnancy to avert
46	her death, or for which a delay in the termination of her
47	pregnancy will create serious risk of substantial and
48	irreversible impairment of a major bodily function.
49	(e)  "Sexual abuse" has the meaning ascribed in s. 39.01.
50	(f)  "Minor" means a person under the age of 18 years.
51	(3)  NOTIFICATION REQUIRED.--
52	(a)  Actual notice shall be provided by the physician
53	performing or inducing the termination of pregnancy before the
54	performance or inducement of the termination of the pregnancy of
55	a minor. The notice may be given by a referring physician. The
56	physician who performs or induces the termination of pregnancy
57	must receive the written statement of the referring physician
58	certifying that the referring physician has given notice. If
59	actual notice is not possible after a reasonable effort has been
60	made, the physician performing or inducing the termination of
61	pregnancy or the referring physician must give constructive
62	notice. Notice given under this subsection by the physician
63	performing or inducing the termination of pregnancy must include
64	the name and address of the facility providing the termination
65	of pregnancy, the name of the physician providing notice. Notice
66	given under this subsection by a referring physician must
67	include the name and address of the facility where he or she is
68	referring the minor and the name of the physician providing
69	notice. If actual notice is provided by telephone, the physician
70	must actually speak with the parent or guardian, and must record
71	in the minor's medical file the name of the parent or guardian
72	provided notice, the phone number dialed, and the date and time
73	of the call. If constructive notice is given, the physician must
74	document that notice by placing copies of any document related
75	to the constructive notice, including, but not limited to, a
76	copy of the letter and the return receipt, in the minor's
77	medical file. Actual notice given by telephone shall be
78	confirmed in writing, signed by the physician, and mailed to the
79	last known address of the parent or legal guardian of the minor,
80	by regular mail and by certified mail, return receipt requested,
81	and delivery restricted to the parent or legal guardian.
82	(b)  Notice is not required if:
83	1.  In the physician's good faith clinical judgment, a
84	medical emergency exists and there is insufficient time for the
85	attending physician to comply with the notification
86	requirements. If a medical emergency exists, the physician must
87	make reasonable attempts to contact the parent or legal
88	guardian, may proceed but must document reasons for the medical
89	necessity in the patient's medical records, and must provide
90	notice directly, in person, or by telephone, to the parent or
91	legal guardian, with details of the medical emergency and any
92	additional risks to the minor. If the parent or legal guardian
93	has not been notified within 24 hours of the termination of the
94	pregnancy, the physician must provide notice in writing
95	including details of the medical emergency and any additional
96	risks to the minor, signed by the physician, to the last known
97	address of the parent or legal guardian of the minor, by regular
98	mail and by certified mail, return receipt requested, and
99	delivery restricted to the parent or legal guardian;
100	2.  Notice is waived in writing by the person who is
101	entitled to notice and such waiver is notarized, dated not more
102	than 30 days before the termination of pregnancy, and contains a
103	specific waiver of the right of the parent or legal guardian to
104	notice of the minor's termination of pregnancy;
105	3.  Notice is waived by the minor who is or has been
106	married or has had the disability of nonage removed under s.
107	743.015 or a similar statute of another state;
108	4.  Notice is waived by the patient because the patient has
109	a minor child dependent on her; or
110	5.  Notice is waived under subsection (4).
111	(c)  Violation of this subsection by a physician
112	constitutes grounds for disciplinary action under s. 458.331 or
113	s. 459.015.
114	(4)  PROCEDURE FOR JUDICIAL WAIVER OF NOTICE.--
115	(a)  A minor may petition any circuit court in the a
116	judicial circuit within the jurisdiction of the District Court
117	of Appeal in which she resides for a waiver of the notice
118	requirements of subsection (3) and may participate in
119	proceedings on her own behalf. The petition may be filed under a
120	pseudonym or through the use of initials, as provided by court
121	rule. The petition must include a statement that the petitioner
122	is pregnant and notice has not been waived. The court shall
123	advise the minor that she has a right to court-appointed counsel
124	and shall provide her with counsel upon her request at no cost
125	to the minor.
126	(b)1.  Court proceedings under this subsection must be
127	given precedence over other pending matters to the extent
128	necessary to ensure that the court reaches a decision promptly.
129	The court shall rule, and issue written findings of fact and
130	conclusions of law, within 5 days 48 hours after the petition is
131	filed, except that the 5-day 48-hour limitation may be extended
132	at the request of the minor. If the court fails to rule within
133	the 5-day 48-hour period and an extension has not been
134	requested, the petition is not granted, and the notice
135	requirement is not waived. The minor may then immediately
136	petition for a hearing upon the expiration of the 5-day period
137	to the chief judge of the circuit, who must ensure a hearing is
138	held within 48 hours after receipt of the minor's petition and
139	an order entered within 24 hours after the hearing.
140	2.  A court's ruling need not be a final order if the court
141	deems it needs more information, but a final order must be
142	entered within 14 days after the petition is filed. If the
143	circuit court does not grant judicial waiver of notice, the
144	minor has the right to appeal. An appellate court must rule
145	within 7 days after receipt of appeal, but a ruling may be
146	remanded with further instruction for a ruling within 7 days
147	after the remand. The reason for overturning a ruling on appeal
148	must be based on abuse of discretion by the circuit court and
149	may not be based on the weight of the evidence presented to the
150	circuit court since the proceeding is a nonadversarial
151	proceeding.
152	(c)  If the court finds, by clear and convincing evidence,
153	that the minor is sufficiently mature to decide whether to
154	terminate her pregnancy, the court shall issue an order
155	authorizing the minor to consent to the performance or
156	inducement of a termination of pregnancy without the
157	notification of a parent or guardian. If the court does not make
158	the finding specified in this paragraph or paragraph (d), it
159	must dismiss the petition. Factors a court shall consider when
160	determining whether a minor is sufficiently mature include, but
161	are not limited to:
162	1.  The minor's:
163	a.  Age.
164	b.  Overall intelligence.
165	c.  Emotional stability.
166	d.  Credibility and demeanor as a witness.
167	e.  Ability to accept responsibility.
168	f.  Ability to assess the future impact of her present
169	choices.
170	g.  Ability to understand and explain the medical
171	consequences of abortion and apply that understanding to her
172	decision.
173	2.  Whether there has been any undue influence by another
174	on the minor's decision to have an abortion.
175	(d)  If the court finds, by a preponderance of the
176	evidence, that there is evidence of child abuse or sexual abuse
177	of the petitioner by one or both of her parents or her guardian,
178	or by clear and convincing evidence that the notification of a
179	parent or guardian is not in the best interest of the
180	petitioner, the court shall issue an order authorizing the minor
181	to consent to the performance or inducement of a termination of
182	pregnancy without the notification of a parent or guardian. The
183	best interest standard must not include financial best interest
184	or considerations, or the potential financial impact on the
185	minor or her family if she does not terminate her pregnancy. If
186	the court finds evidence of child abuse or sexual abuse of the
187	minor petitioner by any person, the court shall report the
188	evidence of child abuse or sexual abuse of the petitioner, as
189	provided in s. 39.201. If the court does not make the finding
190	specified in this paragraph or paragraph (c), it must dismiss
191	the petition.
192	(e)  A court that conducts proceedings under this section
193	shall provide for a written transcript of all testimony and
194	proceedings and issue written and specific factual findings and
195	legal conclusions supporting its decision and shall order that a
196	confidential record be maintained, as required under s.
197	390.01116. At the hearing, the court shall hear evidence
198	relating to the emotional development, maturity, intellect, and
199	understanding of the minor, and all other relevant evidence. All
200	hearings under this section, including appeals, shall remain
201	confidential and closed to the public, as provided by court
202	rule.
203	(f)  An expedited appeal shall be available, as the Supreme
204	Court provides by rule, to any minor to whom the circuit court
205	denies a waiver of notice. An order authorizing a termination of
206	pregnancy without notice is not subject to appeal.
207	(g)  No filing fees or court costs shall be required of any
208	pregnant minor who petitions a court for a waiver of parental
209	notification under this subsection at either the trial or the
210	appellate level.
211	(h)  No county shall be obligated to pay the salaries,
212	costs, or expenses of any counsel appointed by the court under
213	this subsection.
214	(5)  PROCEEDINGS.--The Supreme Court is requested to adopt
215	rules and forms for petitions to ensure that proceedings under
216	subsection (4) are handled expeditiously and in a manner
217	consistent with this act. The Supreme Court is also requested to
218	adopt rules to ensure that the hearings protect the minor's
219	confidentiality and the confidentiality of the proceedings.
220	(6)  REPORT.--The Supreme Court, through the Office of the
221	State Courts Administrator, shall report by February 1 of each
222	year to the Governor, the President of the Senate, and the
223	Speaker of the House of Representatives on the number of
224	petitions filed under subsection (4) for the preceding year, and
225	the timing and manner of disposal of such petitions by each
226	circuit court. For each petition resulting in a waiver of
227	notice, the reason for the waiver shall be reported.
228	(7)  MANDATORY CHILD ABUSE REPORTING.--The requirements of
229	s. 39.201 relating to mandatory reports of child abuse apply to
230	this section.
231	Section 2.  This act shall take effect July 1, 2006.

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