HB 1527

CS

CHAMBER ACTION

1	The Justice Council 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
87	should make reasonable attempts, whenever possible without
88	endangering the minor, to contact the parent or legal guardian.
89	The physician may proceed without prior notice but must document
90	reasons for the medical necessity in the patient's medical
91	records and must provide notice directly, in person, or by
92	telephone to the parent or legal guardian, with details of the
93	medical emergency and any additional risks to the minor. If the
94	parent or legal guardian has not been notified within 24 hours
95	of the termination of the pregnancy, the physician must provide
96	notice in writing including details of the medical emergency and
97	any additional risks to the minor, signed by the physician, to
98	the last known address of the parent or legal guardian of the
99	minor, by regular mail and by certified mail, return receipt
100	requested, and delivery restricted to the parent or legal
101	guardian;
102	2.  Notice is waived in writing by the person who is
103	entitled to notice and such waiver is notarized, dated not more
104	than 30 days before the termination of pregnancy, and contains a
105	specific waiver of the right of the parent or legal guardian to
106	notice of the minor's termination of pregnancy;
107	3.  Notice is waived by the minor who is or has been
108	married or has had the disability of nonage removed under s.
109	743.015 or a similar statute of another state;
110	4.  Notice is waived by the patient because the patient has
111	a minor child dependent on her; or
112	5.  Notice is waived under subsection (4).
113	(c)  Violation of this subsection by a physician
114	constitutes grounds for disciplinary action under s. 458.331 or
115	s. 459.015.
116	(4)  PROCEDURE FOR JUDICIAL WAIVER OF NOTICE.--
117	(a)  A minor may petition any circuit court in the a
118	judicial circuit within the jurisdiction of the District Court
119	of Appeal in which she resides for a waiver of the notice
120	requirements of subsection (3) and may participate in
121	proceedings on her own behalf. The petition may be filed under a
122	pseudonym or through the use of initials, as provided by court
123	rule. The petition must include a statement that the petitioner
124	is pregnant and notice has not been waived. The court shall
125	advise the minor that she has a right to court-appointed counsel
126	and shall provide her with counsel upon her request at no cost
127	to the minor.
128	(b)1.  Court proceedings under this subsection must be
129	given precedence over other pending matters to the extent
130	necessary to ensure that the court reaches a decision promptly.
131	The court shall rule, and issue written findings of fact and
132	conclusions of law, within 5 days 48 hours after the petition is
133	filed, except that the 5-day 48-hour limitation may be extended
134	at the request of the minor. If the court fails to rule within
135	the 5-day 48-hour period and an extension has not been
136	requested, the petition is not granted, and the notice
137	requirement is not waived. The minor may then immediately
138	petition for a hearing upon the expiration of the 5-day period
139	to the chief judge of the circuit, who must ensure a hearing is
140	held within 48 hours after receipt of the minor's petition and
141	an order entered within 24 hours after the hearing.
142	2.  A court's ruling need not be a final order if the court
143	deems it needs more information, but a final order must be
144	entered within 14 days after the petition is filed. If the
145	circuit court does not grant judicial waiver of notice, the
146	minor has the right to appeal. An appellate court must rule
147	within 7 days after receipt of appeal, but a ruling may be
148	remanded with further instruction for a ruling within 7 days
149	after the remand. The reason for overturning a ruling on appeal
150	must be based on abuse of discretion by the circuit court and
151	may not be based on the weight of the evidence presented to the
152	circuit court since the proceeding is a nonadversarial
153	proceeding.
154	(c)  If the court finds, by clear and convincing evidence,
155	that the minor is sufficiently mature to decide whether to
156	terminate her pregnancy, the court shall issue an order
157	authorizing the minor to consent to the performance or
158	inducement of a termination of pregnancy without the
159	notification of a parent or guardian. If the court does not make
160	the finding specified in this paragraph or paragraph (d), it
161	must dismiss the petition. Factors a court shall consider when
162	determining whether a minor is sufficiently mature include, but
163	are not limited to:
164	1.  The minor's:
165	a.  Age.
166	b.  Overall intelligence.
167	c.  Emotional stability.
168	d.  Credibility and demeanor as a witness.
169	e.  Ability to accept responsibility.
170	f.  Ability to assess the future impact of her present
171	choices.
172	g.  Ability to understand and explain the medical
173	consequences of abortion and apply that understanding to her
174	decision.
175	2.  Whether there has been any undue influence by another
176	on the minor's decision to have an abortion.
177	(d)  If the court finds, by a preponderance of the
178	evidence, that there is evidence of child abuse or sexual abuse
179	of the petitioner by one or both of her parents or her guardian,
180	or by clear and convincing evidence that the notification of a
181	parent or guardian is not in the best interest of the
182	petitioner, the court shall issue an order authorizing the minor
183	to consent to the performance or inducement of a termination of
184	pregnancy without the notification of a parent or guardian. The
185	best interest standard must not include financial best interest
186	or considerations, or the potential financial impact on the
187	minor or her family if she does not terminate her pregnancy. If
188	the court finds evidence of child abuse or sexual abuse of the
189	minor petitioner by any person, the court shall report the
190	evidence of child abuse or sexual abuse of the petitioner, as
191	provided in s. 39.201. If the court does not make the finding
192	specified in this paragraph or paragraph (c), it must dismiss
193	the petition.
194	(e)  A court that conducts proceedings under this section
195	shall provide for a written transcript of all testimony and
196	proceedings and issue written and specific factual findings and
197	legal conclusions supporting its decision and shall order that a
198	confidential record be maintained, as required under s.
199	390.01116. At the hearing, the court shall hear evidence
200	relating to the emotional development, maturity, intellect, and
201	understanding of the minor, and all other relevant evidence. All
202	hearings under this section, including appeals, shall remain
203	confidential and closed to the public, as provided by court
204	rule.
205	(f)  An expedited appeal shall be available, as the Supreme
206	Court provides by rule, to any minor to whom the circuit court
207	denies a waiver of notice. An order authorizing a termination of
208	pregnancy without notice is not subject to appeal.
209	(g)  No filing fees or court costs shall be required of any
210	pregnant minor who petitions a court for a waiver of parental
211	notification under this subsection at either the trial or the
212	appellate level.
213	(h)  No county shall be obligated to pay the salaries,
214	costs, or expenses of any counsel appointed by the court under
215	this subsection.
216	(5)  PROCEEDINGS.--The Supreme Court is requested to adopt
217	rules and forms for petitions to ensure that proceedings under
218	subsection (4) are handled expeditiously and in a manner
219	consistent with this act. The Supreme Court is also requested to
220	adopt rules to ensure that the hearings protect the minor's
221	confidentiality and the confidentiality of the proceedings.
222	(6)  REPORT.--The Supreme Court, through the Office of the
223	State Courts Administrator, shall report by February 1 of each
224	year to the Governor, the President of the Senate, and the
225	Speaker of the House of Representatives on the number of
226	petitions filed under subsection (4) for the preceding year, and
227	the timing and manner of disposal of such petitions by each
228	circuit court. For each petition resulting in a waiver of
229	notice, the reason for the waiver shall be reported.
230	(7)  MANDATORY CHILD ABUSE REPORTING.--The requirements of
231	s. 39.201 relating to mandatory reports of child abuse apply to
232	this section.
233	Section 2.  This act shall take effect July 1, 2006.

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