HB 1527

1
A bill to be entitled
2An act relating to parental notification of termination of
3a minor's pregnancy; amending s. 390.01114, F.S.; amending
4a definition; providing procedural requirements for actual
5notice given by telephone; providing procedural
6requirements for certain waivers of notice; revising the
7procedures for judicial waiver of notice; revising
8evidentiary standards for a court determining judicial
9waiver of notice; providing factors with which a court
10determines whether a minor is sufficiently mature;
11revising the best interest standard; requiring the Supreme
12Court to include in reports reasons for judicial waiver of
13notice; providing for the application of mandatory child
14abuse reporting provisions; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 390.01114, Florida Statutes, is amended
19to read:
20     390.01114  Parental Notice of Abortion Act.--
21     (1)  SHORT TITLE.--This section may be cited as the
22"Parental Notice of Abortion Act."
23     (2)  DEFINITIONS.--As used in this section, the term:
24     (a)  "Actual notice" means notice that is given directly,
25in person or by telephone, to a parent or legal guardian of a
26minor, by a physician, at least 48 hours before the inducement
27or performance of a termination of pregnancy, and documented in
28the minor's files.
29     (b)  "Child abuse" has the same meaning as s. 39.0015(3).
30     (c)  "Constructive notice" means notice that is given in
31writing, signed by the physician, and mailed at least 72 hours
32before the inducement or performance of the termination of
33pregnancy, to the last known address of the parent or legal
34guardian of the minor, by regular mail and by certified mail,
35return receipt requested, and delivery restricted to the parent
36or legal guardian. After the 72 hours have passed, delivery is
37deemed to have occurred.
38     (d)  "Medical emergency" means a condition that, on the
39basis of a physician's good faith clinical judgment, so
40complicates the medical condition of a pregnant woman as to
41necessitate the immediate termination of her pregnancy to avert
42her death, or for which a delay in the termination of her
43pregnancy will create serious risk of substantial and
44irreversible impairment of a major bodily function.
45     (e)  "Sexual abuse" has the meaning ascribed in s. 39.01.
46     (f)  "Minor" means a person under the age of 18 years.
47     (3)  NOTIFICATION REQUIRED.--
48     (a)  Actual notice shall be provided by the physician
49performing or inducing the termination of pregnancy before the
50performance or inducement of the termination of the pregnancy of
51a minor. The notice may be given by a referring physician. The
52physician who performs or induces the termination of pregnancy
53must receive the written statement of the referring physician
54certifying that the referring physician has given notice. If
55actual notice is not possible after a reasonable effort has been
56made, the physician performing or inducing the termination of
57pregnancy or the referring physician must give constructive
58notice. Notice given under this subsection by the physician
59performing or inducing the termination of pregnancy must include
60the name and address of the facility providing the termination
61of pregnancy, the name of the physician providing notice. Notice
62given under this subsection by a referring physician must
63include the name and address of the facility where he or she is
64referring the minor and the name of the physician providing
65notice. If actual notice is provided by telephone, the physician
66must actually speak with the parent or guardian, and must record
67in the minor's medical file the name of the parent or guardian
68provided notice, the phone number dialed, and the date and time
69of the call. If constructive notice is given, the physician must
70document that notice by placing copies of any document related
71to the constructive notice, including, but not limited to, a
72copy of the letter and the return receipt, in the minor's
73medical file. Actual notice given by telephone shall be
74confirmed in writing, signed by the physician, and mailed to the
75last known address of the parent or legal guardian of the minor,
76by regular mail and by certified mail, return receipt requested,
77and delivery restricted to the parent or legal guardian.
78     (b)  Notice is not required if:
79     1.  In the physician's good faith clinical judgment, a
80medical emergency exists and there is insufficient time for the
81attending physician to comply with the notification
82requirements. If a medical emergency exists, the physician
83should make reasonable attempts, whenever possible without
84endangering the minor, to contact the parent or legal guardian.
85The physician may proceed without prior notice but must document
86reasons for the medical necessity in the patient's medical
87records and must provide notice directly, in person, or by
88telephone to the parent or legal guardian, with details of the
89medical emergency and any additional risks to the minor. If the
90parent or legal guardian has not been notified within 24 hours
91of the termination of the pregnancy, the physician must provide
92notice in writing including details of the medical emergency and
93any additional risks to the minor, signed by the physician, to
94the last known address of the parent or legal guardian of the
95minor, by regular mail and by certified mail, return receipt
96requested, and delivery restricted to the parent or legal
97guardian;
98     2.  Notice is waived in writing by the person who is
99entitled to notice and such waiver is notarized, dated not more
100than 30 days before the termination of pregnancy, and contains a
101specific waiver of the right of the parent or legal guardian to
102notice of the minor's termination of pregnancy;
103     3.  Notice is waived by the minor who is or has been
104married or has had the disability of nonage removed under s.
105743.015 or a similar statute of another state;
106     4.  Notice is waived by the patient because the patient has
107a minor child dependent on her; or
108     5.  Notice is waived under subsection (4).
109     (c)  Violation of this subsection by a physician
110constitutes grounds for disciplinary action under s. 458.331 or
111s. 459.015.
112     (4)  PROCEDURE FOR JUDICIAL WAIVER OF NOTICE.--
113     (a)  A minor may petition any circuit court in the a
114judicial circuit within the jurisdiction of the District Court
115of Appeal in which she resides for a waiver of the notice
116requirements of subsection (3) and may participate in
117proceedings on her own behalf. The petition may be filed under a
118pseudonym or through the use of initials, as provided by court
119rule. The petition must include a statement that the petitioner
120is pregnant and notice has not been waived. The court shall
121advise the minor that she has a right to court-appointed counsel
122and shall provide her with counsel upon her request at no cost
123to the minor.
124     (b)1.  Court proceedings under this subsection must be
125given precedence over other pending matters to the extent
126necessary to ensure that the court reaches a decision promptly.
127The court shall rule, and issue written findings of fact and
128conclusions of law, within 5 days 48 hours after the petition is
129filed, except that the 5-day 48-hour limitation may be extended
130at the request of the minor. If the court fails to rule within
131the 5-day 48-hour period and an extension has not been
132requested, the petition is not granted, and the notice
133requirement is not waived. The minor may then immediately
134petition for a hearing upon the expiration of the 5-day period
135to the chief judge of the circuit, who must ensure a hearing is
136held within 48 hours after receipt of the minor's petition and
137an order entered within 24 hours after the hearing.
138     2.  A court's ruling need not be a final order if the court
139deems it needs more information, but a final order must be
140entered within 14 days after the petition is filed. If the
141circuit court does not grant judicial waiver of notice, the
142minor has the right to appeal. An appellate court must rule
143within 7 days after receipt of appeal, but a ruling may be
144remanded with further instruction for a ruling within 7 days
145after the remand. The reason for overturning a ruling on appeal
146must be based on abuse of discretion by the circuit court and
147may not be based on the weight of the evidence presented to the
148circuit court since the proceeding is a nonadversarial
149proceeding.
150     (c)  If the court finds, by clear and convincing evidence,
151that the minor is sufficiently mature to decide whether to
152terminate her pregnancy, the court shall issue an order
153authorizing the minor to consent to the performance or
154inducement of a termination of pregnancy without the
155notification of a parent or guardian. If the court does not make
156the finding specified in this paragraph or paragraph (d), it
157must dismiss the petition. Factors a court shall consider when
158determining whether a minor is sufficiently mature include, but
159are not limited to:
160     1.  The minor's:
161     a.  Age.
162     b.  Overall intelligence.
163     c.  Emotional stability.
164     d.  Credibility and demeanor as a witness.
165     e.  Ability to accept responsibility.
166     f.  Ability to assess the future impact of her present
167choices.
168     g.  Ability to understand and explain the medical
169consequences of abortion and apply that understanding to her
170decision.
171     2.  Whether there has been any undue influence by another
172on the minor's decision to have an abortion.
173     (d)  If the court finds, by a preponderance of the
174evidence, that there is evidence of child abuse or sexual abuse
175of the petitioner by one or both of her parents or her guardian,
176or by clear and convincing evidence that the notification of a
177parent or guardian is not in the best interest of the
178petitioner, the court shall issue an order authorizing the minor
179to consent to the performance or inducement of a termination of
180pregnancy without the notification of a parent or guardian. The
181best interest standard must not include financial best interest
182or considerations, or the potential financial impact on the
183minor or her family if she does not terminate her pregnancy. If
184the court finds evidence of child abuse or sexual abuse of the
185minor petitioner by any person, the court shall report the
186evidence of child abuse or sexual abuse of the petitioner, as
187provided in s. 39.201. If the court does not make the finding
188specified in this paragraph or paragraph (c), it must dismiss
189the petition.
190     (e)  A court that conducts proceedings under this section
191shall provide for a written transcript of all testimony and
192proceedings and issue written and specific factual findings and
193legal conclusions supporting its decision and shall order that a
194confidential record be maintained, as required under s.
195390.01116. At the hearing, the court shall hear evidence
196relating to the emotional development, maturity, intellect, and
197understanding of the minor, and all other relevant evidence. All
198hearings under this section, including appeals, shall remain
199confidential and closed to the public, as provided by court
200rule.
201     (f)  An expedited appeal shall be available, as the Supreme
202Court provides by rule, to any minor to whom the circuit court
203denies a waiver of notice. An order authorizing a termination of
204pregnancy without notice is not subject to appeal.
205     (g)  No filing fees or court costs shall be required of any
206pregnant minor who petitions a court for a waiver of parental
207notification under this subsection at either the trial or the
208appellate level.
209     (h)  No county shall be obligated to pay the salaries,
210costs, or expenses of any counsel appointed by the court under
211this subsection.
212     (5)  PROCEEDINGS.--The Supreme Court is requested to adopt
213rules and forms for petitions to ensure that proceedings under
214subsection (4) are handled expeditiously and in a manner
215consistent with this act. The Supreme Court is also requested to
216adopt rules to ensure that the hearings protect the minor's
217confidentiality and the confidentiality of the proceedings.
218     (6)  REPORT.--The Supreme Court, through the Office of the
219State Courts Administrator, shall report by February 1 of each
220year to the Governor, the President of the Senate, and the
221Speaker of the House of Representatives on the number of
222petitions filed under subsection (4) for the preceding year, and
223the timing and manner of disposal of such petitions by each
224circuit court. For each petition resulting in a waiver of
225notice, the reason for the waiver shall be reported.
226     (7)  MANDATORY CHILD ABUSE REPORTING.--The requirements of
227s. 39.201 relating to mandatory reports of child abuse apply to
228this section.
229     Section 2.  This act shall take effect July 1, 2006.


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