HB 1527

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

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