Senate Bill sb1602c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                    CS for CS for SB 1602

    By the Committees on Judiciary; Health Regulation; and
    Senators Storms and Gaetz




    590-2618-07

  1                      A bill to be entitled

  2         An act relating to parental notice of abortion;

  3         amending s. 390.01114, F.S.; providing that in

  4         a hearing relating to waiving the requirement

  5         for parental notice, the court consider certain

  6         additional factors, including whether the

  7         minor's decision to terminate her pregnancy was

  8         due to intimidation or undue influence;

  9         providing for severability; providing an

10         effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Subsection (4) of section 390.01114,

15  Florida Statutes, is amended to read:

16         390.01114  Parental Notice of Abortion Act.--

17         (4)  PROCEDURE FOR JUDICIAL WAIVER OF NOTICE.--

18         (a)  A minor may petition any circuit court in a

19  judicial circuit within the jurisdiction of the District Court

20  of Appeal in which the minor she resides for a waiver of the

21  notice requirements of subsection (3) and may participate in

22  proceedings on her own behalf. The petition may be filed under

23  a pseudonym or through the use of initials, as provided by

24  court rule. The petition must include a statement that the

25  petitioner is pregnant and notice has not been waived. The

26  court shall appoint a guardian ad litem for the minor to

27  represent the minor's best interests. The court shall advise

28  the minor that she has a right to court-appointed counsel and

29  shall provide her with counsel upon her request at no cost to

30  the minor.

31  

                                  1

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






    Florida Senate - 2007                    CS for CS for SB 1602
    590-2618-07




 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 explain the medical

29  consequences of terminating her pregnancy and to apply that

30  understanding to her decision.

31  

                                  2

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






    Florida Senate - 2007                    CS for CS for SB 1602
    590-2618-07




 1         2.  Whether there has been any intimidation or undue

 2  influence on the minor's decision to terminate her pregnancy.

 3         (d)  If the court finds, by a preponderance of the

 4  evidence, that the petitioner is the victim there is evidence

 5  of child abuse or sexual abuse inflicted of the petitioner by

 6  one or both of her parents or her guardian, or that the

 7  notification of a parent or guardian is not in the best

 8  interest of the petitioner, the court shall issue an order

 9  authorizing the minor to consent to the performance or

10  inducement of a termination of pregnancy without the

11  notification of a parent or guardian. If the court finds

12  evidence of child abuse or sexual abuse of the minor

13  petitioner by any person, the court shall report the evidence

14  of child abuse or sexual abuse of the petitioner, as provided

15  in s. 39.201. If the court does not make the finding specified

16  in this paragraph or paragraph (c), it must dismiss the

17  petition.

18         (e)  A court that conducts proceedings under this

19  section shall:

20         1.  Provide for a written transcript of all testimony

21  and proceedings; and

22         2.  Issue a final witten order containing and specific

23  factual findings and legal conclusions supporting its

24  decision, including factual findings and legal conclusions

25  relating to the maturity of the minor as provided under

26  paragraph (c); and shall

27         3.  Order that a confidential record be maintained, as

28  required under s. 390.01116. At the hearing, the court shall

29  hear evidence relating to the emotional development, maturity,

30  intellect, and understanding of the minor, and all other

31  relevant evidence.

                                  3

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






    Florida Senate - 2007                    CS for CS for SB 1602
    590-2618-07




 1         (f)  All hearings under this section, including

 2  appeals, shall remain confidential and closed to the public,

 3  as provided by court rule.

 4         (g)(f)  An expedited appeal shall be made available, as

 5  the Supreme Court provides by rule, to any minor to whom the

 6  circuit court denies a waiver of notice. An order authorizing

 7  a termination of pregnancy without notice is not subject to

 8  appeal.

 9         (h)(g)  No Filing fees or court costs may not shall be

10  required of any pregnant minor who petitions a court for a

11  waiver of parental notification under this subsection at

12  either the trial or the appellate level.

13         (i)(h)  A No county is not shall be obligated to pay

14  the salaries, costs, or expenses of any counsel appointed by

15  the court under this subsection.

16         Section 2.  If any provision of this act or its

17  application to any individual or circumstance is held invalid,

18  the invalidity does not affect other provisions or

19  applications of this act which can be given effect without the

20  invalid provision or application, and to this end the

21  provisions of this act are severable.

22         Section 3.  This act shall take effect upon becoming a

23  law.

24  

25          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
26                          CS for SB 1602

27                                 

28  The committee substitute differs from the underlying bill in
    that it reinstates cross-references in existing law. As a
29  result, a minor demonstrating sufficient maturity to determine
    whether to terminate her pregnancy need not show that she was
30  abused by a parent or that parental notification is not in her
    best interest.
31  

                                  4

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