Amendment
Bill No. 1497

Amendment No. 414279

CHAMBER ACTION
Senate		House
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1	Representative(s) Ambler offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Subsections (1) and (3) of section 390.0111,
6	Florida Statutes, are amended, and subsection (12) is added to
7	that section, to read:
8	390.0111  Termination of pregnancies.--
9	(1)  TERMINATION IN THIRD TRIMESTER; WHEN ALLOWED.--No
10	termination of pregnancy shall be performed on any human being
11	in the third trimester of pregnancy unless:
12	(a)  The abortion is performed in a hospital; and
13	(b)1.  Two physicians certify in writing to the fact that,
14	to a reasonable degree of medical probability, the termination
15	of pregnancy is necessary to save the life or preserve the
16	health of the pregnant woman; or
17	2.(b)  The physician certifies in writing to the medical
18	necessity for legitimate emergency medical procedures for
19	termination of pregnancy in the third trimester, and another
20	physician is not available for consultation.
21	(c)  Violation of this subsection by a physician
22	constitutes grounds for disciplinary action under s. 458.331 or
23	s. 459.015.
24	(3)  CONSENTS REQUIRED.--A termination of pregnancy may not
25	be performed or induced except with the voluntary and informed
26	written consent of the pregnant woman or, in the case of a
27	mental incompetent, the voluntary and informed written consent
28	of her court-appointed guardian.
29	(a)  Except in the case of a medical emergency, consent to
30	a termination of pregnancy is voluntary and informed only if:
31	1.  The physician who is to perform the procedure, or the
32	referring physician, has, at a minimum, orally, in person,
33	informed the woman of:
34	a.  The nature and risks of undergoing or not undergoing
35	the proposed procedure that a reasonable patient would consider
36	material to making a knowing and willful decision of whether to
37	terminate a pregnancy.
38	b.  The probable gestational age of the fetus at the time
39	the termination of pregnancy is to be performed.
40	c.  The medical risks to the woman and fetus of carrying
41	the pregnancy to term.
42	2.  Printed materials prepared and provided by the
43	department have been provided to the pregnant woman, if she
44	chooses to view these materials, including:
45	a.  A description of the fetus.
46	b.  A list of agencies that offer alternatives to
47	terminating the pregnancy.
48	c.  Detailed information on the availability of medical
49	assistance benefits for prenatal care, childbirth, and neonatal
50	care.
51	3.  The woman acknowledges in writing, before the
52	termination of pregnancy, that the information required to be
53	provided under this subsection has been provided.
54
55	Nothing in this paragraph is intended to prohibit a physician
56	from providing any additional information which the physician
57	deems material to the woman's informed decision to terminate her
58	pregnancy.
59	(b)  In the event a medical emergency exists and a
60	physician cannot comply with the requirements for informed
61	consent, a physician may terminate a pregnancy if he or she has
62	obtained at least one corroborative medical opinion attesting to
63	the medical necessity for emergency medical procedures and to
64	the fact that to a reasonable degree of medical certainty the
65	continuation of the pregnancy would threaten the life of the
66	pregnant woman. In the event no second physician is available
67	for a corroborating opinion, the physician may proceed but shall
68	document reasons for the medical necessity in the patient's
69	medical records.
70	(c)  A physician shall not request a patient to waive her
71	ability to either file a complaint with any disciplinary body or
72	to litigate a cause of action based on the care received related
73	to an abortion or a violation of her rights.
74	(d)  Violation of this subsection by a physician
75	constitutes grounds for disciplinary action under s. 458.331 or
76	s. 459.015. Substantial compliance or reasonable belief that
77	complying with the requirements of informed consent would
78	threaten the life or health of the patient is a defense to any
79	action brought under this paragraph.
80	(12)  WAITING PERIOD FOR ABORTION.--No physician shall
81	perform or induce an abortion on a minor patient where notice is
82	not required pursuant to s. 390.01114(3)(b) or on an adult
83	patient unless, at least 24 hours prior thereto, a treating
84	physician has conferred with the patient, or her court-appointed
85	guardian if she is mentally incompetent, pursuant to the
86	requirements set forth in subsection (3). If a medical emergency
87	as defined in s. 390.01114(2)(d) exists, then this subsection
88	shall not apply.
89	Section 2.  Section 390.01112, Florida Statutes, is created
90	to read:
91	390.01112  Women's reproductive bill of rights.--
92	(1)  All abortion clinics and physician abortion providers
93	shall adopt and make public a statement of the rights of
94	patients seeking abortions and shall treat such patients in
95	accordance with the provisions of that statement. The statement
96	shall assure each patient all of the following:
97	(a)  That her abortion must be performed by a physician as
98	defined in s. 390.0111.
99	(b)  That she has the right to know the name, function, and
100	qualifications of each health care provider who is providing
101	medical services to the her. She may request this information
102	from the clinic or physician abortion provider.
103	(c)  That she is entitled to know the probable gestational
104	age of the fetus at the time the abortion is to be performed.
105	(d)  That if she is in her third trimester of pregnancy,
106	any abortion must be performed at a hospital.
107	(e)  That either the patient, or her court appointed
108	guardian if she is mentally incompetent, as set forth in s.
109	390.0111(3) is entitled to provide voluntary and informed,
110	written consent, unless a legal exception to obtaining informed
111	consent exists, before an abortion can be performed or induced.
112	(f)  That if she is a minor, her parent or legal guardian
113	as set forth in s. 390.01114(3) is entitled to receive actual or
114	constructive notice, unless a legal exception to compliance with
115	notice requirements exists, before an abortion can be performed
116	or induced.
117	(g)  That she is entitled to printed materials containing a
118	description of the fetus, a list of agencies that offer
119	alternatives to terminating the pregnancy, and detailed
120	information on the availability of medical assistance benefits
121	for prenatal care, childbirth, and neonatal care.
122	(h)  That she is entitled to be notified of the medical
123	risks of undergoing or not undergoing the proposed procedure
124	that a reasonable patient would consider material to making a
125	knowing and willful decision of whether to terminate the
126	pregnancy.
127	(i)  That she is entitled to notification of the medical
128	risks to her and her fetus of carrying the pregnancy to term.
129	(j)  That the clinic, physician, or physician's office is
130	not allowed to require her to waive her right to either file a
131	complaint with any disciplinary body or to litigate a cause of
132	action based on the care received related to an abortion or a
133	violation of her rights in order to obtain an abortion.
134	(k)  That she is entitled to have all medical records
135	pertaining to her abortion treatment made, protected, and
136	preserved by the physician abortion provider and clinic, and
137	that copies of her medical records shall be made available to
138	her, a representative of her estate, her court appointed
139	guardian if she is mentally incompetent, or her parent or legal
140	guardian pursuant to s. 390.01114(3)(d), or her legal
141	representative upon request.
142	(l)  That she is entitled to any and all adequate,
143	necessary, and appropriate health care related to the
144	performance or inducement of an abortion, including any and all
145	adequate, necessary, and appropriate post-abortion recovery and
146	medical care.
147	(m)  That, if she is in her second trimester of pregnancy,
148	she is entitled to receive care that meets all the quality and
149	safety standards set forth in this chapter, including all
150	requirements provided for in s. 390.012(3).
151	(n)  That she, or her court-appointed guardian if she is
152	mentally incompetent, has the right to refuse medication or
153	treatment and to be informed of the consequences of such
154	decisions. When the medication or treatment is refused, the
155	abortion clinic or physician must notify the patient or her
156	court-appointed guardian of the consequences of such decisions
157	and must document the decision in the patient's medical record.
158	The abortion clinic or physician must continue to provide other
159	services that the patient or her court-appointed guardian agrees
160	to in accordance with the patient's care or treatment needs.
161	(o)  That she is entitled to have privacy in her treatment
162	and care, and that, except as provided herein or elsewhere in
163	law, her medical records shall remain confidential pursuant to
164	all applicable state and federal laws.
165	(p)  That she has the right to a prompt and reasonable
166	response to any question she may have regarding her care or
167	treatment.
168	(q)  That she has the right to be treated courteously,
169	fairly, and with the fullest measure of dignity at all times and
170	upon all occasions.
171	(2)  All clinics and physician abortion providers shall
172	orally inform patients seeking abortions of their rights as set
173	forth herein and shall provide a copy of the statement as
174	provided in subsection (1) to each patient, or her court-
175	appointed guardian if the patient is mentally incompetent,
176	before performing an abortion. The statement shall itemize each
177	of the rights set forth in subsection (1) separately, including
178	each entitlement in s. 390.012 available to a patient obtaining
179	a second trimester abortion. The clinic or physician practicing
180	in a doctor's office shall provide a copy of the patients' bill
181	of reproductive rights to each staff member of the clinic or
182	physician's office. Each clinic or physician shall prepare a
183	written plan and provide appropriate staff training to implement
184	the provisions of this section. The written statement of rights
185	must include a statement that a patient may file a complaint
186	with the agency or department. The statement must be in
187	boldfaced, 14-point type and shall include the address and
188	telephone number of the agency or department.
189	(3)  Any violation of a patient's rights as set forth in
190	this section by a clinic shall constitute grounds for action by
191	the agency under the provisions of ss. 390.012, 408.813,
192	408.814, and 408.815. Any violation of a patient's rights as set
193	forth in this section by a physician shall constitute grounds
194	for disciplinary action under s. 458.331 or s. 459.015.
195	(4)  Any person who submits or reports a complaint
196	concerning a suspected violation of the patient's rights or
197	concerning services or conditions in a clinic or physician's
198	office or who testifies in any administrative or judicial
199	proceeding arising from such complaint shall have immunity from
200	any criminal or civil liability therefor, unless that person has
201	acted in bad faith or with malicious purpose or if the court
202	finds that there was a complete absence of a justiciable issue
203	of either law or fact raised by the losing party.
204	Section 3.  Section 390.01113, Florida Statutes, is created
205	to read:
206	390.01113  Civil action for violations of patients' rights;
207	relief.--
208	(1)  Any patient whose rights as specified in s. 390.01112
209	are violated has a cause of action against any physician, nurse,
210	or clinic for violation of her rights. The action may be brought
211	by the patient, her parent, court-appointed or legal guardian,
212	or by personal representative of the estate of the patient
213	regardless of the cause of death to enforce the right.
214	(2)  The action may be brought in any court of competent
215	jurisdiction to enforce such rights and to recover actual
216	damages, and punitive damages when malicious, wanton, or willful
217	disregard of the rights of others can be shown. Any plaintiff
218	who prevails in any such action for any amount is entitled to
219	recover reasonable attorney's fees, costs of the action, and
220	damages, unless the court finds that the plaintiff has acted in
221	bad faith or with malicious purpose or that there was a complete
222	absence of a justiciable issue of either law or fact. A
223	prevailing defendant is entitled to recover reasonable
224	attorney's fees under s. 57.105. The remedies provided in this
225	section are in addition to other legal and administrative
226	remedies available to a patient, her estate, or to the agency or
227	department.
228	(3)  Attorney's fees shall be based on the following
229	criteria:
230	(a)  The time and labor required.
231	(b)  The novelty and difficulty of the questions.
232	(c)  The skill requisite to perform the legal service
233	properly.
234	(d)  The preclusions of other employment by the attorney
235	due to the acceptance of the case.
236	(e)  The customary fee.
237	(f)  Whether the fee is fixed or contingent.
238	(g)  The amount involved or the results obtained.
239	(h)  The experience, reputation, and ability of the
240	attorneys.
241	(i)  The costs expended to prosecute the claim.
242	(j)  The type of fee arrangement between the attorney and
243	the client.
244	(k)  Whether the relevant market requires a contingency fee
245	multiplier to obtain competent counsel.
246	(l)  Whether the attorney was able to mitigate the risk of
247	nonpayment in any way.
248	(4)  Any action brought under this section is not a claim
249	for medical malpractice, and chapter 766 does not apply. The
250	provisions of s. 768.21(8) do not apply to a claim alleging
251	death of the patient.
252	(5)  For purposes of this section, punitive damages may be
253	awarded for conduct that is willful, wanton, gross or flagrant,
254	reckless, or consciously indifferent to the rights of the
255	patient. Sections 768.72, 768.725, and 768.73 do not apply to
256	any civil action filed under this section.
257	Section 4.  Subsection (3) and paragraphs (a), (c), and (e)
258	of subsection (4) of section 390.01114, Florida Statutes, are
259	amended to read:
260	390.01114  Parental Notice of Abortion Act.--
261	(3)  NOTIFICATION REQUIRED.--
262	(a)1.a.  Actual notice shall be provided by the physician
263	performing or inducing the termination of pregnancy before the
264	performance or inducement of the termination of the pregnancy of
265	a minor. The notice may be given by a referring physician. The
266	physician who performs or induces the termination of pregnancy
267	must receive the written statement of the referring physician
268	certifying that the referring physician has given notice. If
269	actual notice is provided by telephone, the physician must
270	actually speak with the parent or guardian and must record in
271	the minor's medical file the name of the parent or guardian
272	provided notice, the phone number dialed, and the date and time
273	of the call.
274	b.  If actual notice is not possible after a reasonable
275	effort has been made, the physician performing or inducing the
276	termination of pregnancy or the referring physician must give
277	constructive notice. If constructive notice is given, the
278	physician must document that notice by placing copies of any
279	document related to the constructive notice, including, but not
280	limited to, a copy of the letter and the return receipt, in the
281	minor's medical file.
282	2.  Notice given under this subsection by the physician
283	performing or inducing the termination of pregnancy must include
284	the name and address of the facility providing the termination
285	of pregnancy and the name of the physician providing notice.
286	Notice given under this subsection by a referring physician must
287	include the name and address of the facility where he or she is
288	referring the minor and the name of the physician providing
289	notice. If actual notice is provided by telephone, the physician
290	must actually speak with the parent or guardian, and must record
291	in the minor's medical file the name of the parent or guardian
292	provided notice, the phone number dialed, and the date and time
293	of the call. If constructive notice is given, the physician must
294	document that notice by placing copies of any document related
295	to the constructive notice, including, but not limited to, a
296	copy of the letter and the return receipt, in the minor's
297	medical file.
298	(b)  Notice is not required if:
299	1.  In the physician's good faith clinical judgment, a
300	medical emergency exists and there is insufficient time for the
301	attending physician to comply with the notification
302	requirements. If a medical emergency exists, the physician may
303	proceed but must document reasons for the medical necessity in
304	the patient's medical records;
305	2.  Notice is waived in writing by the person who is
306	entitled to notice;
307	3.  Notice is waived by the minor who is or has been
308	married or has had the disability of nonage removed under s.
309	743.015 or a similar statute of another state;
310	4.  Notice is waived by the patient because the patient has
311	a minor child dependent on her; or
312	5.  Notice is waived under subsection (4).
313	(c)  Violation of this subsection by a physician
314	constitutes grounds for disciplinary action under s. 458.331 or
315	s. 459.015.
316	(d)  Any parent or legal guardian of a minor upon whom a
317	termination of pregnancy has been performed or induced who does
318	not receive actual or constructive notice from the physician
319	performing or inducing the termination of pregnancy, where an
320	exception to notice pursuant to paragraph (b) does not exist,
321	may, in a civil action, obtain appropriate relief, unless the
322	pregnancy resulted from the parent or legal guardian's criminal
323	conduct.
324	(e)  In a civil action under paragraph (d), appropriate
325	relief includes:
326	1.  Monetary damages for all injuries, psychological and
327	physical, occasioned by the violation of paragraph(a); and
328	2.  Damages equal to three times the cost of the abortion.
329	(f)  The damages provided for in paragraph (e) are in
330	addition to any other legal or administrative remedies that may
331	be available to the plaintiff or department.
332	(4)  PROCEDURE FOR JUDICIAL WAIVER OF NOTICE.--
333	(a)  A minor may petition any circuit court in a judicial
334	circuit within the jurisdiction of the District Court of Appeal
335	in which she resides for a waiver of the notice requirements of
336	subsection (3) and may participate in proceedings on her own
337	behalf. The petition may be filed under a pseudonym or through
338	the use of initials, as provided by court rule. The petition
339	must include a statement that the petitioner is pregnant and
340	notice has not been waived. The court shall advise the minor
341	that she has a right to court-appointed counsel and shall
342	provide her with counsel upon her request at no cost to the
343	minor. The court shall appoint a guardian ad litem for the
344	minor.
345	(c)  If the court finds, by clear and convincing evidence,
346	that the minor is sufficiently mature to decide whether to
347	terminate her pregnancy, the court shall issue an order
348	authorizing the minor to consent to the performance or
349	inducement of a termination of pregnancy without the
350	notification of a parent or guardian.
351	1.  Factors a court shall consider when determining whether
352	a child is sufficiently mature include, but are not limited to,
353	the following:
354	a.  Whether the minor is mature enough to make her abortion
355	decision, as evidenced by:
356	(I)  The minor's age.
357	(II)  The minor's credibility and demeanor as a witness.
358	(III)  The minor's ability to accept responsibility; and
359	b.  Whether the minor is well informed enough to make the
360	decision on her own, as evidenced by the minor's:
361	(I)  Overall intelligence.
362	(II)  Emotional development.
363	(III)  Ability to assess both the immediate and long range
364	consequences of her choices.
365	(IV)  Ability to understand and explain the medical
366	consequences of terminating her pregnancy and to apply that
367	understanding to her decision.
368	2.  The court should also take into consideration whether
369	there has been any undue influence by another on the minor's
370	decision to have an abortion.
371
372	If the court does not make the finding specified in this
373	paragraph or paragraph (d), it must dismiss the petition.
374	(e)  A court that conducts proceedings under this section
375	shall:
376	1.  Provide for a written transcript of all testimony and
377	proceedings.
378	2.  Issue a written final order containing all factual
379	findings and legal conclusions, including factual findings and
380	legal conclusions as to whether the petitioner is sufficiently
381	mature based on the factors set forth in subparagraph(c)1.
382	3.  Order that a confidential record be maintained as
383	required under s. 390.01116. All hearings under this section,
384	including appeals, shall remain confidential and closed to the
385	public, as provided by court rule A court that conducts
386	proceedings under this section shall provide for a written
387	transcript of all testimony and proceedings and issue written
388	and specific factual findings and legal conclusions supporting
389	its decision and shall order that a confidential record be
390	maintained, as required under s. 390.01116. At the hearing, the
391	court shall hear evidence relating to the emotional development,
392	maturity, intellect, and understanding of the minor, and all
393	other relevant evidence. All hearings under this section,
394	including appeals, shall remain confidential and closed to the
395	public, as provided by court rule.
396	Section 5.  Section 390.01117, Florida Statutes, is created
397	to read:
398	390.01117  Civil action for negligence; remedies.--
399	(1)  Any patient who suffers injury or death as a result of
400	an abortion shall have a cause of action for negligence. The
401	action may be brought by the patient, her parent, court-
402	appointed or legal guardian, or by a personal representative of
403	the estate of the patient regardless of the cause of death to
404	enforce the right. If the claim involves negligence or injury to
405	the patient that resulted in her death, then the plaintiff shall
406	be entitled to recover both survival damages pursuant to s.
407	46.021 and wrongful death damages pursuant to s. 768.21. If the
408	action alleges a claim for injury to the patient that did not
409	cause her death, the personal representative of the estate may
410	recover damages for negligence that caused injury to the
411	patient.
412	(2)  The action may be brought in any court of competent
413	jurisdiction to enforce such rights and to recover actual
414	damages, and punitive damages when malicious, wanton, or willful
415	disregard of the rights of others can be shown. Any plaintiff
416	who prevails in any such action for any amount is entitled to
417	recover reasonable attorney's fees, costs of the action, and
418	damages, unless the court finds that the plaintiff has acted in
419	bad faith or with malicious purpose or that there was a complete
420	absence of a justiciable issue of either law or fact. A
421	prevailing defendant is entitled to recover reasonable
422	attorney's fees pursuant to s. 57.105. The remedies provided in
423	this section are in addition to other legal and administrative
424	remedies available to a patient, her estate, or to the agency or
425	department.
426	(3)  Attorney's fees shall be based on the following
427	criteria:
428	(a)  The time and labor required.
429	(b)  The novelty and difficulty of the questions.
430	(c)  The skill requisite to perform the legal service
431	properly.
432	(d)  The preclusions of other employment by the attorney
433	due to the acceptance of the case.
434	(e)  The customary fee.
435	(f)  Whether the fee is fixed or contingent.
436	(g)  The amount involved or the results obtained.
437	(h)  The experience, reputation, and ability of the
438	attorneys.
439	(i)  The costs expended to prosecute the claim.
440	(j)  The type of fee arrangement between the attorney and
441	the client.
442	(k)  Whether the relevant market requires a contingency fee
443	multiplier to obtain competent counsel.
444	(l)  Whether the attorney was able to mitigate the risk of
445	nonpayment in any way.
446	(4)  In any claim brought under this section, the plaintiff
447	shall have the burden of proving by a preponderance of the
448	evidence, the following:
449	(a)  The defendant owed a duty to the patient.
450	(b)  The defendant breached the duty to the patient.
451	(c)  The breach of the duty was a legal cause of loss,
452	injury, death, or damage to the patient.
453	(d)  The patient sustained loss, injury, death, or damage
454	as a result of the breach.
455	(5)  Nothing in this section shall be interpreted to create
456	strict liability. Injury or death resulting to the patient shall
457	be evidence of negligence, but shall not be negligence per se.
458	(6)  In any claim brought under this section, a clinic,
459	person, or entity shall have a duty to exercise reasonable care.
460	Reasonable care is that degree of care which a reasonably
461	careful clinic, person, or entity would use under like
462	circumstances.
463	(7)  In any claim for negligence by a physician, such
464	physician shall have the duty to exercise care consistent with
465	the prevailing professional standard of care for physicians. The
466	prevailing professional standard of care for physicians shall be
467	that level of care, skill, and treatment which, in light of all
468	relevant surrounding circumstances, is recognized as acceptable
469	and appropriate by reasonably prudent similar physicians.
470	(8)  In any claim for negligence by a nurse licensed under
471	part I of chapter 464, such nurse shall have the duty to
472	exercise care consistent with the prevailing professional
473	standard of care for a nurse. The prevailing professional
474	standard of care for a nurse shall be that level of care, skill,
475	and treatment which, in light of all relevant surrounding
476	circumstances, is recognized as acceptable and appropriate by
477	reasonably prudent similar nurses.
478	(9)  Any action brought pursuant to this section is not a
479	claim for medical malpractice, and chapter 766 does not apply.
480	The provisions of s. 768.21(8) do not apply to a claim alleging
481	death of the patient.
482	(10)  For purposes of this section, punitive damages may be
483	awarded for conduct that is willful, wanton, gross or flagrant,
484	reckless or consciously indifferent to the rights of the
485	patient. Sections 768.72, 768.725, and 768.73 do not apply to
486	any civil action filed pursuant to this section.
487	Section 6.  Section 390.01118, Florida Statutes, is created
488	to read:
489	390.01118  Statute of limitations.--Any action for damages
490	brought under ss. 390.01113, 390.01114(3)(d)-(f), and 390.01117
491	shall be commenced within 2 years from the time the incident
492	giving rise to the action occurred or within 2 years from the
493	time the incident is discovered or should have been discovered
494	with the exercise of due diligence.
495	(1)  In those actions covered by ss. 390.01113,
496	390.01114(3)(d)-(f), and 390.01117 in which it can be shown that
497	fraudulent concealment or intentional misrepresentation of fact
498	prevented discovery of the injury, the period of limitations is
499	extended forward 2 years from the time the injury is discovered
500	with the exercise of due diligence.
501	(2)  In actions where it can be shown that fraudulent
502	concealment or intentional misrepresentation of fact prevented
503	the discovery of the injury, the period of limitations is
504	extended forward 2 years from the time that the injury is
505	discovered with the exercise of due diligence.
506	Section 7.  Section 390.01118, Florida Statutes, as created
507	by this act, shall apply to causes of action that have accrued
508	prior to the effective date of that section; however, any such
509	cause of action that would not have been barred under prior law
510	may be brought within the time allowed by prior law or within 2
511	years after the effective date of that section, whichever is
512	earlier, and will be barred thereafter.
513	Section 8.  Section 390.01119, Florida Statutes, is created
514	to read:
515	390.01119  Medical records.--
516	(1)  Any person who fraudulently alters, defaces, or
517	falsifies any medical record related to an abortion or causes or
518	procures any of these offenses to be committed, commits a
519	misdemeanor of the second degree, punishable as provided in s.
520	775.082 or s. 775.083.
521	(2)  A conviction under subsection (1) is also grounds for
522	restriction, suspension, or termination of the license
523	privileges of a professional licensee.
524	Section 9.  Subsection (1) of section 390.012, Florida
525	Statutes, is amended to read:
526	390.012  Powers of agency; rules; disposal of fetal
527	remains.--
528	(1)  The agency shall have the authority to develop and
529	enforce rules for the health, care, and treatment of persons in
530	abortion clinics and for the safe operation of such clinics.
531	(a)  The rules shall be reasonably related to the
532	preservation of maternal health of the clients.
533	(b)  The rules shall be in accordance with s. 797.03 and
534	may not impose an unconstitutional burden on a woman's freedom
535	to decide whether to terminate her pregnancy.
536	(c)  The rules shall prohibit the performance of abortions
537	in the third trimester other than in a hospital.
538	(d)  The rules shall prohibit a clinic from requesting a
539	patient to waive her ability to either file a complaint with any
540	disciplinary body or to litigate a cause of action based on the
541	care received in the clinic or a violation of her rights.
542	(e)(c)  The rules shall provide for:
543	1.  The performance of pregnancy termination procedures
544	only by a licensed physician.
545	2.  The making, protection, and preservation of patient
546	records, which shall be treated as medical records under chapter
547	458.
548	Section 10.  It is the intent of this act and the
549	Legislature to accord the utmost comity and respect to the
550	constitutional prerogatives of Florida's judiciary, and nothing
551	in this act should be construed as any effort to impinge upon
552	those prerogatives. To that end, should any court of competent
553	jurisdiction enter a final judgment concluding or declaring that
554	any provision of this act improperly encroaches upon the
555	authority of the Florida Supreme Court to determine the rules of
556	practice and procedure in Florida courts, the Legislature hereby
557	declares its intent that any such provision be construed as a
558	request for rule change pursuant to s. 2, Art. V of the State
559	Constitution and not as a mandatory legislative directive.
560	Section 11.  If any provision of this act or the
561	application thereof to any person or circumstance is held
562	invalid, the invalidity does not affect other provisions or
563	applications of the act which can be given effect without the
564	invalid provision or application, and to this end the provisions
565	of this act are declared severable.
566	Section 12.  This act shall take effect July 1, 2007.
567
568	======= T I T L E  A M E N D M E N T ==========
569	Remove the entire title and insert:
570	A bill to be entitled
571	An act relating to abortion; amending s. 390.0111, F.S.;
572	clarifying the requirement that third trimester abortions
573	be performed in a hospital; providing for disciplinary
574	action for violation of specified provisions; providing
575	ban on physicians seeking waivers of patients' rights to
576	file complaints with regulatory bodies or litigate causes
577	of action; requiring a 24-hour waiting period before a
578	physician may perform or induce an abortion on an adult or
579	on certain minor patients; providing for exception in the
580	case of a medical emergency; creating s. 390.01112, F.S.;
581	providing for a women's reproductive bill of rights;
582	requiring abortion clinics and physician abortion
583	providers to adopt a public statement of patients' rights
584	and to treat patients in accordance with that statement;
585	providing for required provisions in the statement to
586	patients; requiring clinics and physician abortion
587	providers to provide the information in their statement
588	orally and in writing to patients or their court-appointed
589	guardians; requiring that the statements be provided to
590	staff members; requiring staff training; providing for
591	disciplinary action for violation of patients' bill of
592	rights; providing for immunity to persons filing
593	complaints or testifying in proceedings unless acting in
594	bad faith; creating s. 390.01113, F.S.; creating a private
595	civil action against clinics, nurses, or physicians or
596	violation of a patients' rights; providing persons who may
597	file a cause of action; providing venue; providing for
598	actual and punitive damages; providing for recovery of
599	attorneys fees; providing criteria for recovering
600	attorney's fees; providing that a cause of action under
601	this section is not a claim for medical malpractice;
602	providing basis for punitive damages and exemptions from
603	other provisions of law governing punitive damages;
604	amending s. 390.01114, F.S.; revising provisions relating
605	to parental notice of abortion; providing exceptions;
606	providing for a cause of action under certain
607	circumstances for parents who do not receive notice;
608	providing for damages for cause of action; requiring
609	appointment of a guardian ad litem for a minor petitioning
610	for a waiver of the notice requirements; specifying
611	factors to be considered in determining whether a minor is
612	sufficiently mature to waive the notice requirements;
613	revising provisions relating to confidentiality of
614	hearings;  creating s. 390.01117, F.S.; providing for a
615	cause of action in negligence for any injury or death a
616	patient suffers as a result of an abortion; providing for
617	who may bring a cause of action; providing for survival
618	and wrongful death damages if the patient dies; providing
619	for venue; providing for actual and punitive damages;
620	providing for attorney's fees to prevailing party under
621	certain circumstances; providing that remedies are in
622	addition to any other remedies provided for in law;
623	providing criteria for award of attorney's fees; providing
624	burden of proof; providing that a cause of action is not
625	strict liability; providing for legal duties and standards
626	of care for clinics, physicians, or nurses; providing that
627	cause of action under this section is not a medical
628	malpractice claim; providing for exceptions from certain
629	laws; providing standard for award of punitive damages;
630	providing for exceptions from certain laws for punitive
631	damage awards; creating s. 390.01118, F.S.; providing for
632	a statute of limitations and repose for specified causes
633	of action; providing for statute of limitations periods of
634	actions that accrue prior to the effective date of s.
635	390.01118, F.S.; creating s. 390.01119, F.S.; providing
636	for a misdemeanor of the second degree for fraudulently
637	altering, defacing, or falsifying medical records related
638	to an abortion or for causing any of these offenses;
639	providing for professional licensure actions for the same
640	violations; amending s. 390.012, F.S.; providing that
641	agency rules promulgated shall prohibit the performance of
642	abortions in the third trimester other than in a hospital;
643	requiring that the agency rules provide that a clinic or
644	abortion provider cannot request a patient to waive her
645	rights to sue or file a complaint with a disciplinary
646	body; providing that any language of the act that could be
647	construed as infringing upon a court's powers shall be
648	construed as a request for rule change; providing for
649	severability; providing an effective date.

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