Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 1497, 2nd Eng.
Barcode 955878
CHAMBER ACTION
Senate House
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11 Senator Storms moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Subsection (4) of section 390.01114,
18 Florida Statutes, is amended to read:
19 390.01114 Parental Notice of Abortion Act.--
20 (4) PROCEDURE FOR JUDICIAL WAIVER OF NOTICE.--
21 (a) A minor may petition any circuit court in a
22 judicial circuit within the jurisdiction of the District Court
23 of Appeal in which the minor she resides for a waiver of the
24 notice requirements of subsection (3) and may participate in
25 proceedings on her own behalf. The petition may be filed under
26 a pseudonym or through the use of initials, as provided by
27 court rule. The petition must include a statement that the
28 petitioner is pregnant and notice has not been waived. The
29 court shall advise the minor that she has a right to
30 court-appointed counsel and shall provide her with counsel
31 upon her request at no cost to the minor.
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 1497, 2nd Eng.
Barcode 955878
1 (b) Court proceedings under this section subsection
2 must be given precedence over other pending matters to the
3 extent necessary to ensure that the court reaches a decision
4 promptly. The court shall rule, and issue written findings of
5 fact and conclusions of law, within 48 hours after the
6 petition is filed, except that the 48-hour limitation may be
7 extended at the request of the minor. If the court fails to
8 rule within the 48-hour period and an extension has not been
9 requested, the petition shall be deemed is granted, and the
10 notice requirement is waived.
11 (c) If the court finds, by clear and convincing
12 evidence, that the minor is sufficiently mature to decide
13 whether to terminate her pregnancy, the court shall issue an
14 order authorizing the minor to consent to the performance or
15 inducement of a termination of pregnancy without the
16 notification of a parent or guardian. If the court does not
17 make the finding specified in this paragraph or paragraph (d),
18 it must dismiss the petition. Factors the court shall consider
19 include:
20 1. The minor's:
21 a. Age.
22 b. Overall intelligence.
23 c. Emotional stability.
24 d. Credibility and demeanor as a witness.
25 e. Ability to accept responsibility.
26 f. Ability to assess the future consequences of her
27 choices.
28 g. Ability to understand and comprehend the medical
29 risks of terminating her pregnancy and to apply that
30 understanding to her decision.
31 2. Whether there has been any intimidation or undue
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 1497, 2nd Eng.
Barcode 955878
1 influence on the minor's decision to terminate her pregnancy.
2 (d) If the court finds, by a preponderance of the
3 evidence, that the petitioner is the victim there is evidence
4 of child abuse or sexual abuse inflicted of the petitioner by
5 one or both of her parents or her guardian, or that the
6 notification of a parent or guardian is not in the best
7 interest of the petitioner, the court shall issue an order
8 authorizing the minor to consent to the performance or
9 inducement of a termination of pregnancy without the
10 notification of a parent or guardian. If the court finds
11 evidence of child abuse or sexual abuse of the minor
12 petitioner by any person, the court shall report the evidence
13 of child abuse or sexual abuse of the petitioner, as provided
14 in s. 39.201. If the court does not make the finding specified
15 in this paragraph or paragraph (c), it must dismiss the
16 petition.
17 (e) A court that conducts proceedings under this
18 section shall:
19 1. Provide for a written transcript of all testimony
20 and proceedings; and
21 2. Issue a final witten order containing and specific
22 factual findings and legal conclusions supporting its
23 decision, including factual findings and legal conclusions
24 relating to the maturity of the minor as provided under
25 paragraph (c); and shall
26 3. Order that a confidential record be maintained, as
27 required under s. 390.01116. At the hearing, the court shall
28 hear evidence relating to the emotional development, maturity,
29 intellect, and understanding of the minor, and all other
30 relevant evidence.
31 (f) All hearings under this section, including
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 1497, 2nd Eng.
Barcode 955878
1 appeals, shall remain confidential and closed to the public,
2 as provided by court rule.
3 (g)(f) An expedited appeal shall be made available, as
4 the Supreme Court provides by rule, to any minor to whom the
5 circuit court denies a waiver of notice. An order authorizing
6 a termination of pregnancy without notice is not subject to
7 appeal.
8 (h)(g) No Filing fees or court costs may not shall be
9 required of any pregnant minor who petitions a court for a
10 waiver of parental notification under this subsection at
11 either the trial or the appellate level.
12 (i)(h) A No county is not shall be obligated to pay
13 the salaries, costs, or expenses of any counsel appointed by
14 the court under this subsection.
15 Section 2. If any provision of this act or its
16 application to any individual or circumstance is held invalid,
17 the invalidity does not affect other provisions or
18 applications of this act which can be given effect without the
19 invalid provision or application, and to this end the
20 provisions of this act are severable.
21 Section 3. This act shall take effect upon becoming a
22 law
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25 ================ T I T L E A M E N D M E N T ===============
26 And the title is amended as follows:
27 Delete everything before the enacting clause
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29 and insert:
30 A bill to be entitled
31 An act relating to parental notice of abortion;
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 1497, 2nd Eng.
Barcode 955878
1 amending s. 390.01114, F.S.; providing that in
2 a hearing relating to waiving the requirement
3 for parental notice, the court consider certain
4 additional factors, including whether the
5 minor's decision to terminate her pregnancy was
6 due to intimidation or undue influence;
7 providing for severability; providing an
8 effective date.
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