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.

31  


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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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