HB 1497

1	A bill to be entitled
2	An act relating to parental notification of abortion;
3	amending s. 390.01114, F.S.; requiring a specified waiting
4	period after notice; revising provisions relating to
5	notice; providing exceptions; requiring appointment of a
6	guardian ad litem for minor petitioning for waiver of
7	notice requirements; specifying factors to be considered
8	in determining whether a minor is sufficiently mature to
9	waive notice requirements; revising provisions relating to
10	confidentiality of hearings; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Paragraph (a) of subsection (3) and paragraphs
15	(a), (c), and (e) of subsection (4) of section 390.01114,
16	Florida Statutes, are amended to read:
17	390.01114  Parental Notice of Abortion Act.--
18	(3)  NOTIFICATION REQUIRED.--
19	(a)1.a.  Actual notice shall be provided by the physician
20	performing or inducing the termination of pregnancy at least 24
21	hours before the performance or inducement of the termination of
22	the pregnancy of a minor. The notice may be given by a referring
23	physician. The physician who performs or induces the termination
24	of pregnancy must receive the written statement of the referring
25	physician certifying that the referring physician has given
26	notice. If actual notice is provided by telephone, the physician
27	must actually speak with the parent or guardian and must record
28	in the minor's medical file the name of the parent or guardian
29	provided notice, the phone number dialed, and the date and time
30	of the call.
31	b.  If actual notice is not possible after a reasonable
32	effort has been made, the physician performing or inducing the
33	termination of pregnancy or the referring physician must give
34	constructive notice. The abortion may be performed 24 hours
35	after the delivery of the constructive notice. Unless proof of
36	delivery is otherwise sooner established, such notice shall be
37	deemed delivered 48 hours after mailing. If constructive notice
38	is given, the physician must document that notice by recording
39	the time of mailing and placing copies of any document related
40	to the constructive notice, including, but not limited to, a
41	copy of the letter and the return receipt, in the minor's
42	medical file.
43	c.  The waiting period provided in this subparagraph shall
44	not apply if the person notified indicates that he or she has
45	been previously informed that the minor was seeking an abortion
46	or if the person so notified has not been previously informed
47	and he or she clearly expresses that he or she does not wish to
48	consult with the minor.
49	2.  Notice given under this subsection by the physician
50	performing or inducing the termination of pregnancy must include
51	the name and address of the facility providing the termination
52	of pregnancy and the name of the physician providing notice.
53	Notice given under this subsection by a referring physician must
54	include the name and address of the facility where he or she is
55	referring the minor and the name of the physician providing
56	notice. If actual notice is provided by telephone, the physician
57	must actually speak with the parent or guardian, and must record
58	in the minor's medical file the name of the parent or guardian
59	provided notice, the phone number dialed, and the date and time
60	of the call. If constructive notice is given, the physician must
61	document that notice by placing copies of any document related
62	to the constructive notice, including, but not limited to, a
63	copy of the letter and the return receipt, in the minor's
64	medical file.
65	(4)  PROCEDURE FOR JUDICIAL WAIVER OF NOTICE.--
66	(a)  A minor may petition any circuit court in a judicial
67	circuit within the jurisdiction of the District Court of Appeal
68	in which she resides for a waiver of the notice requirements of
69	subsection (3) and may participate in proceedings on her own
70	behalf. The petition may be filed under a pseudonym or through
71	the use of initials, as provided by court rule. The petition
72	must include a statement that the petitioner is pregnant and
73	notice has not been waived. The court shall advise the minor
74	that she has a right to court-appointed counsel and shall
75	provide her with counsel upon her request at no cost to the
76	minor. The court shall appoint a guardian ad litem for the
77	minor.
78	(c)  If the court finds, by clear and convincing evidence,
79	that the minor is sufficiently mature to decide whether to
80	terminate her pregnancy, the court shall issue an order
81	authorizing the minor to consent to the performance or
82	inducement of a termination of pregnancy without the
83	notification of a parent or guardian. Factors a court shall
84	consider when determining whether a child is sufficiently mature
85	include, but are not limited to, the following:
86	1.  The minor's:
87	a.  Age.
88	b.  Overall intelligence.
89	c.  Emotional stability.
90	d.  Credibility and demeanor as a witness.
91	e.  Ability to accept responsibility.
92	f.  Ability to assess the future impact of her present
93	choices.
94	g.  Ability to understand and explain the medical
95	consequences of abortion and apply that understanding to her
96	decision.
97	2.  Whether there has been any undue influence by another
98	on the minor's decision to have an abortion.
99
100	If the court does not make the finding specified in this
101	paragraph or paragraph (d), it must dismiss the petition.
102	(e)  A court that conducts proceedings under this section
103	shall:
104	1.  Provide for a written transcript of all testimony and
105	proceedings.
106	2.  Issue a written final order containing all factual
107	findings and legal conclusions, including factual findings and
108	legal conclusions as to whether the petitioner is sufficiently
109	mature based on the factors as set forth in subparagraphs(c)1.
110	and 2.
111	3.  Order that a confidential record be maintained as
112	required under s. 390.01116. All hearings under this section,
113	including appeals, shall remain confidential and closed to the
114	public, as provided by court rule A court that conducts
115	proceedings under this section shall provide for a written
116	transcript of all testimony and proceedings and issue written
117	and specific factual findings and legal conclusions supporting
118	its decision and shall order that a confidential record be
119	maintained, as required under s. 390.01116. At the hearing, the
120	court shall hear evidence relating to the emotional development,
121	maturity, intellect, and understanding of the minor, and all
122	other relevant evidence. All hearings under this section,
123	including appeals, shall remain confidential and closed to the
124	public, as provided by court rule.
125	Section 2.  This act shall take effect July 1, 2007.

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