Senate Bill sb1602e1
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CS for CS for SB 1602 First Engrossed (ntc)
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.
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12 Be It Enacted by the Legislature of the State of Florida:
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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 advise the minor that she has a right to
27 court-appointed counsel and shall provide her with counsel
28 upon her request at no cost to the minor.
29 (b) Court proceedings under this section subsection
30 must be given precedence over other pending matters to the
31 extent necessary to ensure that the court reaches a decision
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CS for CS for SB 1602 First Engrossed (ntc)
1 promptly. The court shall rule, and issue written findings of
2 fact and conclusions of law, within 48 hours after the
3 petition is filed, except that the 48-hour limitation may be
4 extended at the request of the minor. If the court fails to
5 rule within the 48-hour period and an extension has not been
6 requested, the petition shall be deemed is granted, and the
7 notice requirement is waived.
8 (c) If the court finds, by clear and convincing
9 evidence, that the minor is sufficiently mature to decide
10 whether to terminate her pregnancy, the court shall issue an
11 order authorizing the minor to consent to the performance or
12 inducement of a termination of pregnancy without the
13 notification of a parent or guardian. If the court does not
14 make the finding specified in this paragraph or paragraph (d),
15 it must dismiss the petition. Factors the court shall consider
16 include:
17 1. The minor's:
18 a. Age.
19 b. Overall intelligence.
20 c. Emotional stability.
21 d. Credibility and demeanor as a witness.
22 e. Ability to accept responsibility.
23 f. Ability to assess the future consequences of her
24 choices.
25 g. Ability to understand and comprehend the medical
26 risks of terminating her pregnancy and to apply that
27 understanding to her decision.
28 2. Whether there has been any intimidation or undue
29 influence on the minor's decision to terminate her pregnancy.
30 (d) If the court finds, by a preponderance of the
31 evidence, that the petitioner is the victim there is evidence
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CS for CS for SB 1602 First Engrossed (ntc)
1 of child abuse or sexual abuse inflicted of the petitioner by
2 one or both of her parents or her guardian, or that the
3 notification of a parent or guardian is not in the best
4 interest of the petitioner, the court shall issue an order
5 authorizing the minor to consent to the performance or
6 inducement of a termination of pregnancy without the
7 notification of a parent or guardian. If the court finds
8 evidence of child abuse or sexual abuse of the minor
9 petitioner by any person, the court shall report the evidence
10 of child abuse or sexual abuse of the petitioner, as provided
11 in s. 39.201. If the court does not make the finding specified
12 in this paragraph or paragraph (c), it must dismiss the
13 petition.
14 (e) A court that conducts proceedings under this
15 section shall:
16 1. Provide for a written transcript of all testimony
17 and proceedings; and
18 2. Issue a final witten order containing and specific
19 factual findings and legal conclusions supporting its
20 decision, including factual findings and legal conclusions
21 relating to the maturity of the minor as provided under
22 paragraph (c); and shall
23 3. Order that a confidential record be maintained, as
24 required under s. 390.01116. At the hearing, the court shall
25 hear evidence relating to the emotional development, maturity,
26 intellect, and understanding of the minor, and all other
27 relevant evidence.
28 (f) All hearings under this section, including
29 appeals, shall remain confidential and closed to the public,
30 as provided by court rule.
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CS for CS for SB 1602 First Engrossed (ntc)
1 (g)(f) An expedited appeal shall be made available, as
2 the Supreme Court provides by rule, to any minor to whom the
3 circuit court denies a waiver of notice. An order authorizing
4 a termination of pregnancy without notice is not subject to
5 appeal.
6 (h)(g) No Filing fees or court costs may not shall be
7 required of any pregnant minor who petitions a court for a
8 waiver of parental notification under this subsection at
9 either the trial or the appellate level.
10 (i)(h) A No county is not shall be obligated to pay
11 the salaries, costs, or expenses of any counsel appointed by
12 the court under this subsection.
13 Section 2. If any provision of this act or its
14 application to any individual or circumstance is held invalid,
15 the invalidity does not affect other provisions or
16 applications of this act which can be given effect without the
17 invalid provision or application, and to this end the
18 provisions of this act are severable.
19 Section 3. This act shall take effect upon becoming a
20 law.
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