HB 1097

1	A bill to be entitled
2	An act relating to abortion; creating the "Florida for
3	Life Act"; creating s. 390.0001, F.S.; providing
4	legislative findings regarding abortion; repealing s.
5	390.011, F.S., relating to definitions; creating s.
6	390.01113, F.S.; providing definitions; prohibiting
7	inducing, performing, attempting to perform, or assisting
8	in induced abortions; providing criminal penalties;
9	prohibiting inflicting serious bodily injury on a person
10	in the course of performing an abortion; providing
11	criminal penalties; providing enhanced criminal penalties
12	if the serious bodily injury results in death; prohibiting
13	operation of any facility, business, or service within
14	this state for the purpose of providing induced abortion
15	services; providing criminal penalties; prohibiting
16	termination of a pregnancy unless specified conditions are
17	met; requiring that a termination of pregnancy be
18	performed only by a physician; requiring that a
19	termination of pregnancy only be performed with voluntary,
20	informed consent; providing requirements for consent;
21	providing an exception for cases of medical emergency;
22	providing requirements for documentation of a medical
23	emergency; providing that violations may subject
24	physicians to discipline under specified provisions;
25	providing a standard of medical care to be used during a
26	termination of pregnancy performed while the patient's
27	fetus is viable; providing that the woman's life is a
28	superior consideration to the concern for the life of the
29	fetus and the woman's health is a superior consideration
30	to the concern for the health of the fetus when such life
31	or health concerns are in conflict; prohibiting a
32	physician willfully misrepresenting the gestational age or
33	stage of fetal development of a viable fetus in an entry
34	into any medical record and failing to use the prescribed
35	standard of care on a viable fetus; providing criminal
36	penalties; prohibiting experimentation on a fetus;
37	providing an exception; requiring that fetal remains be
38	disposed of according to specified standards; providing
39	criminal penalties; providing that provisions do not apply
40	to specified procedures; providing a civil cause of action
41	for violations; providing damages; requiring physicians
42	and certain personnel at a medical facility who learn that
43	a pregnant woman treated by the facility wishes to obtain
44	an induced abortion at the facility or that a woman
45	treated by the facility has had a termination of pregnancy
46	and the fetus was born alive and survives and such woman
47	does not wish to keep the child to provide the woman with
48	information concerning the availability of adoption;
49	providing that specified actions constitute compliance;
50	providing that violation of certain provisions by a
51	physician may be grounds for discipline under specified
52	provisions; providing rulemaking authority to the Agency
53	for Health Care Administration and the Department of
54	Health for specified provisions; repealing s. 390.0111,
55	F.S., relating to termination of pregnancies; amending ss.
56	743.065 and 765.113, F.S.; conforming cross-references;
57	repealing s. 390.0112, F.S., relating to termination of
58	pregnancy reporting; repealing s. 390.01114, F.S.,
59	relating to the Parental Notice of Abortion Act; amending
60	s. 390.01116, F.S.; conforming a cross-reference;
61	repealing s. 390.012, F.S., relating to powers of the
62	Agency for Health Care Administration, rulemaking, and the
63	disposal of fetal remains; repealing s. 390.014, F.S.,
64	relating to licenses and fees; repealing s. 390.015, F.S.,
65	relating to application for license; repealing s. 390.018,
66	F.S., relating to administrative fines; repealing s.
67	390.025, F.S., relating to abortion referral or counseling
68	agencies and penalties; repealing s. 782.30, F.S.,
69	relating to the short title for the Partial-Birth Abortion
70	Act; repealing s. 782.32, F.S., relating to definitions
71	for the Partial-Birth Abortion Act; repealing s. 782.34,
72	F.S., relating to partial-birth abortion; repealing s.
73	782.36, F.S., relating to exceptions to the Partial-Birth
74	Abortion Act; amending s. 39.001, F.S.; providing
75	legislative intent concerning adoption services for women
76	with unwanted pregnancies; requiring the Office of
77	Adoption and Child Protection to establish and manage a
78	statewide list of attorneys providing pro bono adoption
79	services for women with unwanted pregnancies who would
80	have selected abortion, if lawful, rather than adoption;
81	providing that all federal moneys received by the state as
82	a result of efforts made by the office shall only be spent
83	by the office; creating s. 390.01117, F.S.; providing that
84	the section takes effect only if s. 390.01113, F.S., is
85	declared unconstitutional or has its enforcement enjoined;
86	providing definitions; prohibiting termination of a
87	pregnancy after a fetus has been determined to be viable;
88	providing exceptions; requiring a determination of
89	viability for women in a certain week of pregnancy or
90	later before termination may be performed; requiring
91	recordkeeping; providing that determination of viability
92	and the performance of a required ultrasound may not be
93	done by a physician providing reproductive health services
94	at an abortion clinic; requiring that a termination of
95	pregnancy involving a viable fetus, when not prohibited,
96	be performed in a hospital or other medical facility;
97	providing a standard of medical care to be used during a
98	termination of pregnancy performed while the patient's
99	fetus is viable; providing that the woman's life is a
100	superior consideration to the concern for the life of the
101	fetus and the woman's health is a superior consideration
102	to the concern for the health of the fetus when such life
103	or health concerns are in conflict; prohibiting a
104	physician willfully misrepresenting the gestational age or
105	stage of fetal development of a viable fetus in an entry
106	into any medical record and failing to use the prescribed
107	standard of care on a viable fetus; providing criminal
108	penalties; providing that only a physician may perform a
109	termination of pregnancy; requiring voluntary and informed
110	written consent to a termination; providing requirements
111	for such consent; providing an exception for cases of
112	medical emergency; providing requirements for
113	documentation of a medical emergency; providing that
114	violations may subject physicians to discipline under
115	specified provisions; prohibiting experimentation on a
116	fetus; providing an exception; requiring that fetal
117	remains be disposed of according to specified standards;
118	providing criminal penalties; providing that no person or
119	facility is required to participate in the termination of
120	a pregnancy or be liable for such refusal; providing that
121	provisions do not apply to specified procedures;
122	prohibiting willfully inducing, performing, or assisting
123	in a termination of pregnancy procedure on another person
124	in violation of specified requirements; providing criminal
125	penalties; prohibiting inflicting serious bodily injury on
126	a person in the course of performing an abortion;
127	providing criminal penalties; providing enhanced criminal
128	penalties if the serious bodily injury results in death;
129	providing a civil cause of action for violations;
130	providing damages; requiring physicians and certain
131	personnel at a medical facility who learn that a pregnant
132	woman treated by the facility wishes to obtain an induced
133	abortion at the facility or that a woman treated by the
134	facility has had a termination of pregnancy and the fetus
135	was born alive and survives and such woman does not wish
136	to keep the child to provide the woman with information
137	concerning the availability of adoption; providing that
138	specified actions constitute compliance; providing
139	rulemaking authority to the Agency for Health Care
140	Administration and the Department of Health for specified
141	provisions; providing that rulemaking authority is
142	supplemental to other specified provisions; providing that
143	if the provision creating s. 390.01117, F.S., is declared
144	unconstitutional or has its enforcement enjoined, then the
145	repeal of s. 390.011, F.S., and the amendments to s.
146	39.001, F.S., are void and of no effect; providing
147	legislative intent; creating s. 390.01118, F.S.; providing
148	that the section shall become effective only in the event
149	that s. 390.01113, F.S., is declared unconstitutional or
150	has its enforcement enjoined; providing legislative
151	findings concerning parental notice of abortion; providing
152	that this section supersedes s. 390.01114, F.S., in its
153	entirety unless it is found unconstitutional, in which
154	case s. 390.01114, F.S., shall apply; providing
155	definitions; requiring a physician performing or inducing
156	an abortion or a referring physician before the
157	performance or inducement of the abortion on a minor to
158	provide actual notice to the minor's parent or guardian;
159	providing for constructive notice if actual notice is not
160	possible; providing for requirements for actual and
161	constructive notice; providing exceptions to notice
162	requirement; providing for judicial waiver of notice;
163	providing legislative findings; specifying when judicial
164	waiver is available; requiring appointment of a guardian
165	ad litem for a minor seeing waiver; providing for
166	precedence of and timeframes for waiver proceedings;
167	providing that failure to rule within the prescribed
168	timeframe may be considered nonfeasance in office;
169	providing for a standard of proof; providing requirements
170	for orders in waiver proceedings; requiring written
171	transcripts; providing for expedited confidential appeals;
172	providing that a minor may not be assessed fees or court
173	costs; providing that a county is not required to pay
174	expenses of counsel for a minor; requiring an annual
175	report by the Office of the State Courts Administrator
176	concerning waiver proceedings; providing that if s.
177	390.01113, F.S., is declared unconstitutional or has its
178	enforcement enjoined, specified statutory repeals and
179	amendments contained in this act are void and of no
180	effect; providing legislative intent; providing that s.
181	390.0001, F.S., is severable from other provisions of this
182	act; providing an effective date.
183
184	Be It Enacted by the Legislature of the State of Florida:
185
186	Section 1.  This act may be cited as the "Florida for Life
187	Act."
188	Section 2.  Section 390.0001, Florida Statutes, is created
189	to read:
190	390.0001  Legislative findings regarding abortion.-
191	(1)  Consistent with the self-evident truths expressed in
192	this nation's Declaration of Independence dated July 4, 1776,
193	the people of the State of Florida declare and acknowledge that
194	all persons are endowed by their Creator with certain
195	unalienable rights, and that first among these rights is the
196	right to life.
197	(2)  The Legislature finds that the Preamble to the
198	Constitution of the State of Florida contains the sovereign
199	peoples' acknowledgment of the Creator as the source of
200	constitutional liberty saying: "We, the people of the State of
201	Florida, being grateful to Almighty God for our constitutional
202	liberty, in order to secure its benefits, perfect our
203	government, insure domestic tranquility, maintain public order,
204	guarantee equal civil and political rights to all, do ordain and
205	establish this constitution."
206	(3)  The Legislature of the people of the State of Florida
207	finds that all life comes from the Creator and begins at
208	conception.
209	(4)  The Legislature further finds the ultimate sovereign
210	authority in every state of the United States of America resides
211	in the people and that fundamental to the governmental structure
212	ordained and established by the people in the Constitution of
213	the United States is the right of the people to self-government
214	as set forth therein and as further set forth in their
215	respective state constitutions. As the Supreme Court of the
216	United States has stated, "The government of the Union ... is
217	emphatically and truly, a government of the people. In form, and
218	in substance, it emanates from them." (McCulloch v. Maryland, 17
219	U.S. 316, 404-405 (1819)).
220	(5)  The Legislature finds that the United States
221	Constitution expresses no qualification for, or limitation on,
222	the ability of the states to protect life in a manner consistent
223	with the moral consensus of the people, and reflecting the
224	peoples' belief in a Creator, and respecting life as being a
225	divine gift of the highest value which is deserving of paramount
226	importance among all other unalienable rights expressed or
227	implied in the United States Constitution.
228	(6)  The Legislature finds that once life begins the state
229	has a compelling interest in protecting the natural course of
230	its development from that moment through birth, as surely as
231	after birth. Any act of a person detrimental to an unborn human
232	life, when not necessary in defense of the life of the mother
233	bearing such unborn life, which unnaturally terminates that
234	life, is a deprivation of an unalienable right which the people
235	have the sovereign discretion to protect through laws enacted by
236	their respective legislatures.
237	(7)  The Legislature finds that the United States Supreme
238	Court in Roe v. Wade, 410 U.S. 113 (1973)("Roe"), and Planned
239	Parenthood of Southern Pennsylvania v. Casey, 505 U.S. 833
240	(1992) ("Casey"), declared that a woman's interest in having an
241	abortion is a liberty interest protected under the Due Process
242	Clause of the Fourteenth Amendment to the United States
243	Constitution. The Legislature also finds that to devise into the
244	United States Constitution a liberty interest in one person to
245	take the life of another when not necessary for defense of one's
246	life is repugnant to the principles expressed in the United
247	States Constitution as established and ordained by the people.
248	Personal liberty is not a license to kill an innocent life under
249	any provision of the United States Constitution.
250	(8)  The Legislature finds that the United States Supreme
251	Court's decisions noted in subsection (7) and those which adhere
252	to them subordinate the unalienable right to life to a "liberty"
253	interest devised by man which is inconsistent with, and cannot
254	supersede, the right to life given the peoples' accepted source
255	of authority for all unalienable rights. A liberty right to
256	abortion denies the authority of the Creator in all matters of
257	life, and the people through the exercise of their right of
258	self-government have the sovereign authority to regard all human
259	life with the highest reverence. As Thomas Jefferson wrote in "A
260	Summary View of the Rights of British America" (1774), "The god
261	who gave us life, gave us liberty at the same time: the hand of
262	force may destroy, but cannot disjoin them."
263	(9)  The Legislature finds that Casey and its proclaimed
264	reaffirmation of the "essential" holding of Roe should be
265	reviewed by the United States Supreme Court for many of the same
266	reasons the court found it necessary to review Roe when it
267	considered Casey. First, the passage of time has shown there
268	remains among the states doubt as to the meaning and reach of
269	the court's opinion in Casey. Second, state legislatures and
270	courts throughout the nation still lack adequate guidance as
271	they seek to address abortion regulations in conformance with
272	putative precedents interpreting the United States Constitution.
273	In addition, since the time Roe was decided, more information
274	has become known related to the factual assumptions which
275	motivated the court's decision that significantly call into
276	question the correctness of the Roe decision and the propriety
277	of perpetuating its essential holding through Casey.
278	(10)  The Legislature finds that despite the court's
279	finding in Casey that it is "imperative to review once more the
280	principles that define the rights of the woman and the
281	legitimate authority of the State respecting ... abortion
282	procedures" (Casey at 845), that neither Casey nor its progeny
283	have adequately defined the constitutional scope of the
284	Legislature's authority to protect unborn human life to the
285	maximum extent allowed by law.
286	(11)  The Legislature finds that nowhere in the lead
287	plurality opinion of Casey is there any expression of confidence
288	that Roe was correctly decided or that it assigned adequate
289	weight to the state's interest in protecting unborn human life,
290	but merely that Roe's "essential holding" had to be followed to
291	preserve the court's legitimacy. (See Casey at 867 and 869).
292	Further, the court expressed a lack of concern over adequately
293	determining a state's interest in protecting unborn human life
294	saying: "Even on the assumption that the central holding of Roe
295	was in error, that error would go only to the strength of the
296	state interest in fetal protection, not to the recognition
297	afforded by the Constitution to the women's liberty." (Casey at
298	858).
299	(12)  The Legislature finds that it is fundamentally unfair
300	to have the constitutionality of this state's laws determined by
301	balancing the state's interest in protecting unborn human life
302	against the liberty interest of a woman to terminate her
303	pregnancy when the United States Supreme Court's lead analysis
304	of the state's legitimate interest in protecting life reflects
305	indifference to the prospect that the state's life interest is
306	being undervalued. (See Casey at 853 and 858.)
307	(13)  The Legislature finds that the value attributed to
308	human life from its beginning through to its end is a moral
309	value judgment for the people to decide in accordance with the
310	republican form of government established in the United States
311	Constitution and is not a matter which can be legitimately
312	removed by any branch of government from their sovereign
313	authority to decide within their respective states.
314	(14)  The Legislature finds that the Constitution of the
315	United States does not vest in the United States Supreme Court
316	the power to determine moral questions on behalf of the citizens
317	of any state without their consent. Further, the Legislature
318	finds that the justices of the United States Supreme Court are
319	not qualified to determine, establish, or define the moral
320	values of the people of the United States and specifically for
321	the people of Florida. The Supreme Court's removal of moral and
322	political questions from the political power of the people to
323	determine, under color of constitutional adjudication, is a
324	violation of the peoples' right to self-government guaranteed
325	under the Constitution of the United States. (See Carter v.
326	Carter Coal, 298 U.S. 238, 295 (1936).
327	(15)  The Legislature finds that the legal standard set
328	forth in Casey prohibiting legislation which places an "undue"
329	burden on a woman seeking an abortion denies protection to the
330	life of the unborn child which state legislatures should be
331	constitutionally entitled to protect. The legal standard of
332	Casey is arbitrary and subjective with no ascertainable
333	guidelines, leaving state legislatures to guess as to what
334	actions can be taken to grant unborn human life the full
335	protection of the laws.
336	(16)  The Legislature finds that the legal standard set
337	forth in Roe and reaffirmed in Casey, which establishes
338	viability as the point after which the state may restrict
339	abortions if the law contains exceptions for pregnancies which
340	endanger a woman's life or health, provides inadequate guidance
341	for the state to enact meaningful and enforceable protections
342	for fetal life from the moment the state's interest in
343	protecting such life matures to state authority to lawfully
344	restrict abortions. Further, the Legislature finds that
345	"viability" as the demarcation line at which the state may act
346	to prohibit, restrict, or regulate abortions is an arbitrary
347	point in time with no basis in the United States Constitution.
348	(17)  The Legislature finds that the application of the
349	health exception required to be included in post-viability
350	abortion regulations, as described in Doe v. Bolton, 410 U.S.
351	179 (1973), inadequately protects the maternal health of women
352	seeking or obtaining post-viability abortions; fails to promote
353	the long-term physical, emotional, familial, and psychological
354	well-being of women obtaining abortions; and undermines the
355	state's interest in protecting viable fetal life.
356	(18)  The Legislature finds that despite the recognition by
357	the United States Supreme Court in Roe and Casey that "the State
358	has legitimate interests from the outset of the pregnancy in
359	protecting the health of the woman and the life of the fetus
360	that may become a child" (Casey at 846, emphasis added), the
361	state's interest in protecting a life which "may become a child"
362	has proven illusory in the context of regulating abortion, in
363	that the purpose of an abortion procedure extends beyond the
364	termination of a woman's pregnancy and proceeds to the removal
365	of a dead or fatally injured fetus rather than the removal of a
366	live fetus from the womb while he or she still possesses any
367	meaningful chance of survival to "become a child."
368	(19)  The Legislature finds that there have been
369	approximately 50 million human lives aborted in the United
370	States since the Roe decision. The Legislature further finds
371	that every life lost to abortion was sacred and of the highest
372	value.
373	(20)  The Legislature finds that women with unwanted
374	pregnancies choose abortion for a variety of reasons which are
375	difficult, deeply personal, and highly emotional. The
376	Legislature categorically rejects the notion suggested by the
377	Supreme Court in footnote 54 of Roe that exclusion of women
378	seeking abortion from criminal prosecution implies a
379	contradiction with the granting full constitutional protection
380	for unborn human life. The Legislature reserves for itself the
381	right to determine what is in the public interest in regard to
382	assigning criminal liability for abortion and possesses
383	constitutional competence superior to any court's to make such
384	determination.
385	(21)  The Legislature finds the jurisprudence of this state
386	and of the nation is such that it protects the lives of persons
387	guilty of the most wretched, atrocious, heinous, and brutal
388	crimes to a far greater degree than it permits protecting the
389	lives of absolutely innocent, yet unborn, human beings. Great
390	protections are established before the state may execute a
391	person convicted of a capital crime, while virtually nothing
392	exists to protect the life of an unwanted unborn child from a
393	personal choice of his or her mother not to complete the natural
394	course of her pregnancy. It has been noted by the United States
395	Supreme Court that underlying the Eighth Amendment's prohibition
396	against cruel and unusual punishment is "nothing less than the
397	dignity of man ... The Amendment must draw its meaning from the
398	evolving standards of decency that mark the progress of a
399	maturing society." The court quoted a remark of Justice Stewart
400	in this regard: "Even one day in prison would be cruel and
401	unusual punishment for the 'crime' of having a common cold."
402	(Atkins v. Virginia, 536 U.S. 304 (2002), quoting Robinson v.
403	California, 370 U.S. 660, 666-667 (1962)). The Legislature finds
404	that the dignity of man is also measured by the level of
405	protection afforded defenseless innocent life whose only "crime"
406	is to be unwanted by his or her mother or conceived at an
407	inopportune time or as an undesired gender. The Legislature
408	finds that by any standard of basic human decency, innocent and
409	defenseless human life is entitled to respect and meaningful
410	protection under the law.
411	(22)  The Legislature finds that in the years following the
412	Roe opinion, the standard of decency of the people of this state
413	has evolved to such a degree that at this time they demand the
414	right to exercise their political power as guaranteed under the
415	United States Constitution and under the Constitution of the
416	State of Florida to enact legislation prohibiting unnecessary
417	abortion in Florida and providing penalties for violation of
418	such prohibition. Statistical information reflects that the
419	frequency of abortion is generally declining in Florida as well
420	as in other states across the nation. Recent Gallup polls
421	reflect significant changes in public opinion on abortion with a
422	majority of people, 51 percent, considering themselves "Pro-
423	Life" versus a minority of people, 42 percent, considering
424	themselves "Pro-Choice." In addition, state legislative efforts
425	across the country reflect a persistent and intensive effort to
426	offer more protection for life through a variety of proposals
427	and enactments including comprehensive abortion bans to become
428	effective in the event Roe is overturned.
429	(23)  The Legislature finds that further evidence of the
430	evolving standards of decency concerning unborn human life is
431	found in the subsequent action taken by Norma McCorvey, formerly
432	known as Jane Roe, the appellant of the Roe v. Wade opinion. Ms.
433	McCorvey has changed her mind concerning the wisdom of the Roe
434	v. Wade opinion and filed a motion under Rule 60(b), Federal
435	Rules of Civil Procedure, with the district court in an effort
436	to have it revisit the Supreme Court's Roe v. Wade decision in
437	order to reverse its effect. (See McCorvey v. Hill, 385 F.3d
438	846, (5th Cir. 2004)). In seeking relief, Ms. McCorvey submitted
439	"serious and substantial evidence" which went "to the heart of
440	the balance Roe struck between the choice of a mother and the
441	life of her unborn child." (See Judge Edith H. Jones,
442	concurring, McCorvey, supra at 850).
443	(24)  The Legislature finds that it is axiomatic that the
444	Constitution of the State of Florida cannot provide less
445	protection for the right to life than that which is provided in
446	the United States Constitution and therefore this act could not
447	be properly declared unconstitutional under the State
448	Constitution if the right to life is protected to a greater
449	extent than the right of a woman to obtain an abortion when not
450	necessary in defense of her own life.
451	(25)  The Legislature finds that the decision of whether or
452	not to have an abortion is a decision regarding whether a
453	pregnant woman will carry her unborn child through to a point in
454	time when there is a reasonable expectation that it will result
455	in the live birth of a child capable of sustaining life outside
456	the mother's womb with or without artificial support. Further,
457	the Legislature finds that the decision regarding having an
458	abortion is a separate and distinct decision from one concerning
459	whether or not the pregnant woman will keep and be a parent to
460	the child.
461	(26)  The Legislature finds that adoption is a viable and
462	preferable alternative to abortion for women with unwanted
463	pregnancies.
464	(27)  The Legislature finds that the United States Supreme
465	Court's jurisprudence on the minimum constitutional requirements
466	for statutes requiring parental notification of minors seeking
467	abortions lacks clarity and has provided this state with
468	inadequate guidance leaving its legislature to guess as to what
469	actions can be taken to grant full protection of the laws to the
470	fundamental right of parents to make decisions concerning the
471	care, custody, upbringing, and control of their children. (See
472	Troxel v. Granville, 530 U.S. 57 (2000)). Specifically, the
473	United States Supreme Court has failed to definitively address
474	whether judicial bypass provisions of the type in Bellotti v.
475	Baird, 443 U.S. 622 (1979), are constitutionally required for
476	one-parent notification statutes.
477	(28)  The Legislature finds, based on data obtained from
478	the Office of the State Courts Administrator for Florida for
479	calendar years 2006, 2007, and 2008, that judicial waivers of
480	minors petitioning to obtain abortions without parental
481	notification have been granted at an average rate of 95 percent,
482	rendering its Parental Notification Act of 2005 virtually
483	meaningless and ineffective at providing parents with notice of
484	their minor's intention to seek an abortion. The Legislature
485	finds that the ineffectiveness of its parental notification
486	statute is due primarily, if not entirely, on the inclusion of a
487	judicial bypass provision which may not be constitutionally
488	necessary.
489	(29)  The Legislature also finds that the ex parte nature
490	of judicial bypass provisions in parental notification statutes
491	deprives parents of minors of their fundamental right regarding
492	the care, custody, upbringing, and control of their children
493	without due process of law.
494	(30)  The Legislature finds that it has long been the
495	public policy of this state that minors under 16 years of age
496	cannot lawfully consent to sexual intercourse with another
497	person. The Legislature further finds that the fact that a minor
498	is under 16 years of age and pregnant is sufficient cause to
499	warrant further investigation by appropriate law enforcement
500	agencies or the Department of Children and Family Services into
501	the commission of a crime against the minor. The Legislature
502	finds that without the knowledge that their minor child is
503	pregnant or is considering an abortion, parents may never learn
504	of the fact that their minor child has been the victim of a
505	crime and may forever lose the opportunity to report the crime
506	to the proper authorities. The Legislature further finds that
507	the present United States Supreme Court jurisprudence respecting
508	parental notification statutes impedes the state's interest in
509	prosecuting offenders committing sexual crimes against minors
510	and facilitates the destruction of evidence in connection with
511	such crimes.
512	(31)  The Legislature urges the United States Supreme Court
513	to overturn Roe v. Wade, 410 U.S. 113 (1973), and Planned
514	Parenthood of Southern Pennsylvania v. Casey, 505 U.S. 833
515	(1992), without delay and return this moral and political
516	question back to the people to decide through their respective
517	legislatures consistent with the principles of the Constitution
518	of the United States as established and ordained by the people
519	of the United States and consistent with the principles of a
520	free society governed as a nation of laws and not as a nation of
521	men.
522	Section 3.  Section 390.011, Florida Statutes, is repealed.
523	Section 4.  Section 390.01113, Florida Statutes, is created
524	to read:
525	390.01113  Abortion unlawful; termination of pregnancies
526	circumstances authorized.-
527	(1)  DEFINITIONS.-As used in this section, the term:
528	(a)  "Induced abortion" means a medically initiated
529	termination of a human pregnancy with the intent to kill a human
530	embryo or fetus which is not dying of natural causes. For
531	purposes of this paragraph, the term "medically initiated"
532	refers to the ingestion or administration of pharmaceutical
533	abortifacients by any means, surgical procedures, or use of any
534	device or instrument, as well as any combination thereof.
535	(b)  "Medical emergency" means a condition that, on the
536	basis of a physician's good faith clinical judgment, so
537	complicates the medical condition of a pregnant woman as to
538	necessitate the immediate termination of her pregnancy to avert
539	her death, or for which a delay in the termination of her
540	pregnancy will create serious risk of substantial and
541	irreversible impairment of a major bodily function or
542	unreasonably reduce the likelihood of successful treatment of a
543	life-threatening disease.
544	(c)  "Patient" means the woman or minor upon whom an
545	abortion or termination of pregnancy is performed or induced.
546	(d)  "Physician" means a physician licensed under chapter
547	458 or chapter 459 or a physician practicing medicine or
548	osteopathic medicine in the employment of the United States.
549	(e)  "Termination of pregnancy" means the termination of a
550	human pregnancy under circumstances not prohibited by this
551	section.
552	(f)  "Viability" means that stage of fetal development
553	when, in the judgment of a physician based on the particular
554	facts of the case before him or her and in light of the most
555	advanced medical technology and information available, there is
556	a reasonable probability of sustained survival of the unborn
557	child outside his or her mother's womb with or without
558	artificial support.
559	(2)  INDUCED ABORTION PROHIBITED.-
560	(a)  Induced abortion for any purpose is unlawful. Any
561	person who induces, performs, attempts to perform, or assists
562	another in the performance of an induced abortion on another
563	person commits a felony of the first degree, punishable as
564	provided in s. 775.082, s. 775.083, or s. 775.084.
565	(b)  Any person who during the course of performing an
566	induced abortion on another person inflicts serious bodily
567	injury on the person commits a felony of the first degree,
568	punishable by imprisonment for a term of years not exceeding
569	life as provided in s. 775.082, s. 775.083, or s. 775.084.
570	(c)  Any person who during the course of performing an
571	induced abortion on another person inflicts serious bodily
572	injury on the person which results in the death of the person
573	commits a life felony, punishable as provided in s. 775.082, s.
574	775.083, or s. 775.084.
575	(3)  OPERATING ABORTION SERVICES PROHIBITED.-A person who
576	operates any facility, business, or service from any location
577	within this state for the purpose of providing induced abortion
578	services commits a felony of the first degree, punishable by
579	imprisonment for a term of years not exceeding life as provided
580	in s. 775.082, s. 775.083, or s. 775.084.
581	(4)  TERMINATION OF PREGNANCY.-A termination of pregnancy
582	may not be performed unless:
583	(a)  Two physicians certify in writing to the fact that, to
584	a reasonable degree of medical certainty, the termination of
585	pregnancy is necessary to prevent the death of the pregnant
586	woman;
587	(b)  Two physicians certify in writing to the fact that, to
588	a reasonable degree of medical certainty, the termination of
589	pregnancy is necessary because to continue the pregnancy would
590	unreasonably reduce the likelihood of successful treatment of a
591	life-threatening disease of the pregnant woman; or
592	(c)  A physician certifies in writing that a medical
593	emergency existed and another physician was not available for
594	consultation prior to the time necessary to perform the
595	termination of pregnancy. The physician's written certification
596	must clearly describe the medical emergency.
597	(5)  PERFORMANCE BY PHYSICIAN REQUIRED.-No termination of
598	pregnancy may be performed at any time except by a physician.
599	(6)  CONSENTS REQUIRED.-A termination of pregnancy may not
600	be performed or induced except with the voluntary and informed
601	written consent of the patient or, in the case of a mentally
602	incompetent patient, the voluntary and informed written consent
603	of her court-appointed guardian or, in the case of a minor
604	patient, notwithstanding s. 743.065, the voluntary informed
605	consent of the minor's parent or legal guardian.
606	(a)  Except in the case of a medical emergency, consent to
607	a termination of pregnancy is voluntary and informed only if the
608	physician who is to perform the procedure or the referring
609	physician has, at a minimum, orally and in person, informed the
610	patient, or the court-appointed guardian if the patient is
611	mentally incompetent or a parent or guardian if the patient is a
612	minor, of:
613	1.  The nature and risks of undergoing or not undergoing
614	the proposed procedure that a reasonable patient similarly
615	situated may consider relevant to making an informed decision of
616	whether to terminate a pregnancy.
617	2.  The medical risks to the patient and fetus of carrying
618	the pregnancy to term.
619
620	Nothing in this paragraph relieves a physician of his or her
621	duty to disclose any other material fact a reasonable patient
622	similarly situated might consider relevant to making an informed
623	decision regarding the termination of her pregnancy.
624	(b)  In the event a medical emergency exists and a
625	physician cannot comply with the requirements for informed
626	consent, a physician may terminate a pregnancy if he or she has
627	obtained at least one corroborative medical opinion attesting to
628	the medical necessity for emergency medical procedures and to
629	the fact that, to a reasonable degree of medical certainty, the
630	continuation of the pregnancy would threaten the life of the
631	pregnant woman. In the event no second physician is available
632	for a corroborating opinion, the physician may proceed but shall
633	document reasons for the medical necessity in the patient's
634	medical records.
635	(c)  Violation of this subsection by a physician
636	constitutes grounds for disciplinary action under s. 458.331 or
637	s. 459.015. Substantial compliance or reasonable belief that
638	complying with the requirements of informed consent would
639	threaten the life of the patient may be raised as a defense to
640	any action brought for a violation of this subsection.
641	(7)  STANDARD OF MEDICAL CARE TO BE USED DURING VIABILITY.-
642	(a)  If a termination of pregnancy is performed while the
643	patient's fetus is viable, no person who performs or induces the
644	termination of pregnancy shall fail to use that degree of
645	professional skill, care, and diligence to preserve the life and
646	health of the fetus that such person would be required to
647	exercise in order to preserve the life and health of a fetus
648	intended to be born and not aborted. Notwithstanding the
649	provisions of this subsection, the woman's life shall constitute
650	an overriding and superior consideration to the concern for the
651	life of the fetus, and the woman's health shall constitute an
652	overriding and superior consideration to the concern for the
653	health of the fetus when such life or health concerns are in
654	conflict. For purposes of this subsection, health considerations
655	refer to medical judgment exercised in light of factors
656	exclusively regarding the physical well-being of the patient.
657	(b)  Any physician who, once the matter of the fetus'
658	viability or nonviability has been determined within a
659	reasonable degree of medical probability, knowingly and
660	willfully misrepresents the gestational age or stage of fetal
661	development of a viable fetus in an entry into any medical
662	record and who fails to use the standard of care required under
663	paragraph (a) on any fetus determined to be viable commits a
664	felony of the first degree, punishable as provided in s.
665	775.082, s. 775.083, or s. 775.084.
666	(8)  EXPERIMENTATION ON FETUS PROHIBITED; EXCEPTION.-No
667	person shall use any live fetus or live, premature infant for
668	any type of scientific, research, laboratory, or other kind of
669	experimentation prior to or subsequent to any termination of
670	pregnancy procedure except as necessary to protect or preserve
671	the life and health of such fetus or premature infant.
672	(9)  FETAL REMAINS.-Fetal remains shall be disposed of in a
673	sanitary and appropriate manner and in accordance with standard
674	health practices, as provided by rule of the Department of
675	Health. A person who fails to dispose of fetal remains in
676	accordance with department rules commits a misdemeanor of the
677	first degree, punishable as provided in s. 775.082 or s.
678	775.083.
679	(10)  EXCLUSION FROM APPLICATION.- The provisions of this
680	section do not apply to the performance of a procedure that
681	terminates a pregnancy in order to deliver a live child or to
682	remove a dead or dying fetus whose demise was not the product of
683	an induced abortion.
684	(11)  CIVIL ACTIONS REGARDING ABORTION; RELIEF.-
685	(a)  Any person inducing, performing, or assisting in the
686	performance of an induced abortion prohibited under this section
687	is liable for damages as provided in paragraph (b). A cause of
688	action for damages under this subsection may be brought by the
689	patient or her spouse, if married, her estate if the patient is
690	deceased, or her parents or legal guardian if the patient is a
691	minor. Any waiver of liability for a person inducing,
692	performing, or assisting in the performance of an induced
693	abortion is void and unenforceable.
694	(b)  In a civil action under this subsection, appropriate
695	relief includes:
696	1.  Monetary damages for all injury or harm, psychological,
697	emotional, and physical, occasioned by the violation.
698	2.  Damages equal to three times the cost of the induced
699	abortion.
700	(c)  Notwithstanding any other law, an action for damages
701	under this subsection may be commenced within 30 years after the
702	date of the performance of the induced abortion.
703	(12)  ADOPTION ALTERNATIVE INFORMATION.-Any physician or
704	authorized personnel of a medical facility authorized to treat a
705	patient who learns that a pregnant woman treated by the
706	physician or facility personnel wishes to obtain an induced
707	abortion at the facility or that a woman treated by the
708	physician or facility personnel has had a termination of
709	pregnancy at the facility under circumstances where the fetus
710	was born alive and survives and who does not wish to keep the
711	child shall provide the woman with information concerning the
712	availability of adoption for her unwanted child. Compliance with
713	this subsection may be accomplished by providing the woman with
714	the address and telephone number of the Office of Adoption and
715	Child Protection within the Executive Office of the Governor and
716	informing her of the existence of the statewide list of
717	attorneys available to provide pro bono legal services for
718	adoption maintained by that office.
719	(13)  PENALTIES FOR CERTAIN VIOLATIONS.-Violation of
720	subsection (4), subsection (7), or subsection (8) by a physician
721	constitutes grounds for disciplinary action under s. 458.331 or
722	s. 459.015.
723	(14)  RULEMAKING AUTHORITY.-
724	(a)  Except for subsection (9), the Agency for Health Care
725	Administration may adopt rules pursuant to ss. 120.536(1) and
726	120.54 to implement the provisions of this section. These rules
727	shall be for the purpose of protecting the health and safety of
728	women and unborn human life and for the purpose of securing
729	compliance with the requirements of this section and to
730	facilitate the enforcement of sanctions for those violations to
731	which administrative penalties apply.
732	(b)  The Department of Health may adopt rules pursuant to
733	ss. 120.536(1) and 120.54 to implement the provisions of
734	subsection (9).
735	Section 5.  Section 390.0111, Florida Statutes, is
736	repealed.
737	Section 6.  Subsection (3) of section 743.065, Florida
738	Statutes, is amended to read:
739	743.065  Unwed pregnant minor or minor mother; consent to
740	medical services for minor or minor's child valid.-
741	(3)  Nothing in this act shall affect the provisions of s.
742	390.0111.
743	Section 7.  Subsection (2) of section 765.113, Florida
744	Statutes, is amended to read:
745	765.113  Restrictions on providing consent.-Unless the
746	principal expressly delegates such authority to the surrogate in
747	writing, or a surrogate or proxy has sought and received court
748	approval pursuant to rule 5.900 of the Florida Probate Rules, a
749	surrogate or proxy may not provide consent for:
750	(2)  Withholding or withdrawing life-prolonging procedures
751	from a pregnant patient prior to viability as described defined
752	in s. 390.01113(7) 390.0111(4).
753	Section 8.  Section 390.0112, Florida Statutes, is
754	repealed.
755	Section 9.  Section 390.01114, Florida Statutes, is
756	repealed.
757	Section 10.  Section 390.01116, Florida Statutes, is
758	amended to read:
759	390.01116  Waiver of notice petition; confidentiality.-When
760	a minor petitions a circuit court for a waiver, as provided in
761	s. 390.01118 390.01114, of the notice requirements pertaining to
762	a minor seeking to terminate her pregnancy, any information in a
763	record held by the circuit court or an appellate court which
764	could be used to identify the minor is confidential and exempt
765	from s. 119.07(1) and s. 24(a), Art. I of the State
766	Constitution.
767	Section 11.  Section 390.012, Florida Statutes, is
768	repealed.
769	Section 12.  Section 390.014, Florida Statutes, is
770	repealed.
771	Section 13.  Section 390.015, Florida Statutes, is
772	repealed.
773	Section 14.  Section 390.018, Florida Statutes, is
774	repealed.
775	Section 15.  Section 390.025, Florida Statutes, is
776	repealed.
777	Section 16.  Section 782.30, Florida Statutes, is repealed.
778	Section 17.  Section 782.32, Florida Statutes, is repealed.
779	Section 18.  Section 782.34, Florida Statutes, is repealed.
780	Section 19.  Section 782.36, Florida Statutes, is repealed.
781	Section 20.  Subsection (6) and paragraph (c) of subsection
782	(7) of section 39.001, Florida Statutes, are amended to read:
783	39.001  Purposes and intent; personnel standards and
784	screening.-
785	(6)  LEGISLATIVE INTENT FOR THE PREVENTION OF ABUSE,
786	ABANDONMENT, AND NEGLECT OF CHILDREN; ADOPTION SERVICES FOR
787	WOMEN WITH UNWANTED PREGNANCIES.-The incidence of known child
788	abuse, abandonment, and neglect has increased rapidly in recent
789	over the past 5 years. The impact that abuse, abandonment, or
790	neglect has on the victimized child, siblings, family structure,
791	and inevitably on all citizens of the state has caused the
792	Legislature to determine that the prevention of child abuse,
793	abandonment, and neglect shall be a priority of this state. In
794	addition, to provide assistance for women with unwanted
795	pregnancies who would have selected abortion, if lawful in this
796	state, rather than adoption as an alternative for their unborn
797	child, the Legislature has determined to offer such women,
798	through the provision of volunteer or pro bono legal services,
799	legal representation to accomplish an appropriate adoptive
800	placement for such newborn child. To further these ends this
801	end, it is the intent of the Legislature that an Office of
802	Adoption and Child Protection be established.
803	(7)  OFFICE OF ADOPTION AND CHILD PROTECTION.-
804	(c)  The office is authorized and directed to:
805	1.  Oversee the preparation and implementation of the state
806	plan established under subsection (8) and revise and update the
807	state plan as necessary.
808	2.  Provide for or make available continuing professional
809	education and training in the prevention of child abuse and
810	neglect.
811	3.  Work to secure funding in the form of appropriations,
812	gifts, and grants from the state, the Federal Government, and
813	other public and private sources in order to ensure that
814	sufficient funds are available for the promotion of adoption,
815	support of adoptive families, and child abuse prevention
816	efforts.
817	4.  Make recommendations pertaining to agreements or
818	contracts for the establishment and development of:
819	a.  Programs and services for the promotion of adoption,
820	support of adoptive families, and prevention of child abuse and
821	neglect.
822	b.  Training programs for the prevention of child abuse and
823	neglect.
824	c.  Multidisciplinary and discipline-specific training
825	programs for professionals with responsibilities affecting
826	children, young adults, and families.
827	d.  Efforts to promote adoption.
828	e.  Postadoptive services to support adoptive families.
829	5.  Monitor, evaluate, and review the development and
830	quality of local and statewide services and programs for the
831	promotion of adoption, support of adoptive families, and
832	prevention of child abuse and neglect and shall publish and
833	distribute an annual report of its findings on or before January
834	1 of each year to the Governor, the Speaker of the House of
835	Representatives, the President of the Senate, the head of each
836	state agency affected by the report, and the appropriate
837	substantive committees of the Legislature. The report shall
838	include:
839	a.  A summary of the activities of the office.
840	b.  A summary of the adoption data collected and reported
841	to the federal Adoption and Foster Care Analysis and Reporting
842	System (AFCARS) and the federal Administration for Children and
843	Families.
844	c.  A summary of the child abuse prevention data collected
845	and reported to the National Child Abuse and Neglect Data System
846	(NCANDS) and the federal Administration for Children and
847	Families.
848	d.  A summary detailing the timeliness of the adoption
849	process for children adopted from within the child welfare
850	system.
851	e.  Recommendations, by state agency, for the further
852	development and improvement of services and programs for the
853	promotion of adoption, support of adoptive families, and
854	prevention of child abuse and neglect.
855	f.  Budget requests, adoption promotion and support needs,
856	and child abuse prevention program needs by state agency.
857	6.  Work with the direct-support organization established
858	under s. 39.0011 to receive financial assistance.
859	7.  Establish and manage a statewide list of attorneys
860	providing pro bono adoption services for women with unwanted
861	pregnancies who would have selected abortion, if lawful in this
862	state, rather than adoption.
863	8.  Have deposited, directed, and budgeted in the full
864	amount for its use, in addition to funds that would have or are
865	otherwise budgeted for it, all moneys received by or otherwise
866	awarded to the state from the Federal Government, the United
867	States Treasury, or any other federal agency as a result of
868	efforts made by the office.
869	Section 21.  Section 390.01117, Florida Statutes, is
870	created to read:
871	390.01117  Termination of pregnancies.-
872	(1)  APPLICATION.-This section is superseded by s.
873	390.01113 and shall become effective only in the event that s.
874	390.01113 is declared unconstitutional or has its enforcement
875	enjoined. In the event this section becomes effective, it shall
876	supersede s. 390.0111.
877	(2)  DEFINITIONS.-As used in this section and elsewhere in
878	this chapter, the term:
879	(a)  "Abortion" means the termination of human pregnancy
880	with an intention other than to produce a live birth or to
881	remove a fetus which died of natural causes.
882	(b)  "Abortion clinic" or "clinic" means any facility in
883	which abortions are performed. The term does not include:
884	1.  A hospital; or
885	2.  A physician's office, provided that the office is not
886	used primarily for the performance of abortions.
887	(c)  "Agency" means the Agency for Health Care
888	Administration.
889	(d)  "Department" means the Department of Health.
890	(e)  "Hospital" means a facility as defined in s.
891	395.002(12) and licensed under chapter 395 and part II of
892	chapter 408.
893	(f)  "Physician" means a physician licensed under chapter
894	458 or chapter 459 or a physician practicing medicine or
895	osteopathic medicine in the employment of the United States.
896	(g)  "Viability" means that stage of fetal development
897	when, in the judgment of the physician based on the particular
898	facts of the case before him or her and in light of the most
899	advanced medical technology and information available, there is
900	a reasonable probability of sustained survival of the unborn
901	child outside his or her mother's womb with or without
902	artificial support.
903	(3)  TERMINATION AFTER VIABILITY PROHIBITED; EXCEPTION.-No
904	termination of pregnancy shall be performed on any human being
905	when it has been determined, in accordance with subsection (4),
906	that the fetus is viable unless:
907	(a)  Two physicians certify in writing to the fact that, to
908	a reasonable degree of medical certainty, the termination of
909	pregnancy is necessary to prevent the death of the pregnant
910	woman or avert a significant risk to her physical health;
911	(b)  Two physicians certify in writing to the fact that, to
912	a reasonable degree of medical certainty, the termination of
913	pregnancy is necessary because to continue the pregnancy would
914	unreasonably reduce the likelihood of successful treatment of a
915	life-threatening disease of the pregnant woman; or
916	(c)  The physician certifies in writing to the medical
917	necessity for legitimate emergency medical procedures for the
918	termination of pregnancy and another physician is not available
919	for consultation. The physician's written certification must
920	clearly describe the medical emergency.
921	(4)  DETERMINATION OF VIABILITY.-No termination of
922	pregnancy may be induced or performed on any woman who is in the
923	23rd week of pregnancy or later without first obtaining an
924	ultrasound from a physician to determine the stage of fetal
925	development. The physician shall estimate as accurately as
926	possible the stage of fetal development and shall indicate on
927	the patient's medical records the gestational age, length and
928	weight, and lung maturity of the fetus. The physician shall also
929	indicate on the patient's medical records whether, within a
930	reasonable degree of medical probability, the fetus is viable.
931	The determination of viability and the performance of the
932	ultrasound required under this subsection may not be done by a
933	physician who provides reproductive health services at an
934	abortion clinic.
935	(5)  STANDARD OF MEDICAL CARE TO BE USED DURING VIABILITY.-
936	(a)  A termination of pregnancy involving a viable fetus,
937	when not prohibited in accordance with subsection (3), must be
938	performed in a hospital or other medical facility capable of
939	providing lifesaving or life-sustaining medical services to the
940	viable fetus.
941	(b)  If a termination of pregnancy is performed while the
942	patient's fetus is viable, no person who performs or induces the
943	termination of pregnancy shall fail to use that degree of
944	professional skill, care, and diligence to preserve the life and
945	health of the fetus which such person would be required to
946	exercise in order to preserve the life and health of any fetus
947	intended to be born and not aborted. Notwithstanding the
948	provisions of this subsection, the woman's life shall constitute
949	an overriding and superior consideration to the concern for the
950	life of the fetus, and the woman's health shall constitute an
951	overriding and superior consideration to the concern for the
952	health of the fetus when such life or health concerns are in
953	conflict. For purposes of this section, health considerations
954	refer to medical judgment exercised in light of factors
955	exclusively regarding the physical well-being of the patient.
956	Violation of this subsection by a physician constitutes grounds
957	for disciplinary action under s. 458.331 or s. 459.015.
958	(c)  Any physician who, once the matter of the fetus'
959	viability or nonviability has been determined within a
960	reasonable degree of medical probability, knowingly and
961	willfully misrepresents the gestational age or stage of fetal
962	development of a viable fetus in an entry into any medical
963	record and who fails to use the standard of care required under
964	paragraph (b) on any fetus determined to be viable commits a
965	felony of the first degree, punishable as provided in s.
966	775.082, s. 775.083, or s. 775.084.
967	(6)  PERFORMANCE BY PHYSICIAN REQUIRED.-No termination of
968	pregnancy may be performed at any time except by a physician.
969	(7)  CONSENTS REQUIRED.-A termination of pregnancy may not
970	be performed or induced except with the voluntary and informed
971	written consent of the pregnant woman or, in the case of a
972	mentally incompetent pregnant woman, the voluntary and informed
973	written consent of her court-appointed guardian or, in the case
974	of a pregnant minor, notwithstanding s. 743.065, the voluntary
975	informed consent of the minor's parent or guardian.
976	(a)  Except in the case of a medical emergency, consent to
977	a termination of pregnancy is voluntary and informed only if:
978	1.  The physician who is to perform the procedure or the
979	referring physician has, at a minimum, orally and in person,
980	informed the pregnant woman, or the court-appointed guardian if
981	the pregnant woman is mentally incompetent or a parent or
982	guardian in the case of a pregnant minor, of:
983	a.  The nature and risks of undergoing or not undergoing
984	the proposed procedure that a reasonable patient similarly
985	situated may consider relevant to making an informed decision of
986	whether to terminate a pregnancy.
987	b.  The probable gestational age of the fetus at the time
988	the termination of pregnancy is to be performed.
989	c.  The medical risks to the woman and fetus of carrying
990	the pregnancy to term.
991	d.  If an ultrasound has been performed and it reveals the
992	sex of the fetus, she shall be advised of the fact that the sex
993	of the fetus has been determined. The sex of the fetus may be
994	disclosed only upon the request of the pregnant woman.
995	e.  All other factors, physical, emotional, psychological,
996	and familial, relevant to the short-term and long-term well-
997	being of the patient, including emotional and psychological
998	impact relating to the loss of the life of a child.
999	2.  Printed materials prepared and provided by the
1000	department have been provided to the pregnant woman, if she
1001	chooses to view these materials, including:
1002	a.  A description of the fetus.
1003	b.  A list of agencies that offer alternatives to
1004	terminating the pregnancy.
1005	c.  Detailed information on the availability of medical
1006	assistance benefits for prenatal care, childbirth, and neonatal
1007	care.
1008	3.  The woman acknowledges in writing, before the
1009	termination of pregnancy, that the information required to be
1010	provided under this subsection has been provided.
1011
1012	Nothing in this paragraph relieves a physician of his or her
1013	duty to disclose any other material fact a reasonable patient
1014	similarly situated might consider relevant to making an informed
1015	decision regarding the termination of her pregnancy.
1016	(b)  In the event a medical emergency exists and a
1017	physician cannot comply with the requirements for informed
1018	consent, a physician may terminate a pregnancy if he or she has
1019	obtained at least one corroborative medical opinion attesting to
1020	the medical necessity for emergency medical procedures and to
1021	the fact that, to a reasonable degree of medical certainty, the
1022	continuation of the pregnancy would threaten the life of the
1023	pregnant woman. In the event no second physician is available
1024	for a corroborating opinion, the physician may proceed but shall
1025	document reasons for the medical necessity in the patient's
1026	medical records.
1027	(c)  Violation of this subsection by a physician
1028	constitutes grounds for disciplinary action under s. 458.331 or
1029	s. 459.015. Substantial compliance or reasonable belief that
1030	complying with the requirements of informed consent would
1031	threaten the life or health of the patient may be raised as a
1032	defense to any action brought under this subsection.
1033	(8)  EXPERIMENTATION ON FETUS PROHIBITED; EXCEPTION.-No
1034	person shall use any live fetus or live, premature infant for
1035	any type of scientific, research, laboratory, or other kind of
1036	experimentation prior to or subsequent to any termination of
1037	pregnancy procedure except as necessary to protect or preserve
1038	the life and health of such fetus or premature infant. Violation
1039	of this subsection by a physician constitutes grounds for
1040	disciplinary action under s. 458.331 or s. 459.015.
1041	(9)  FETAL REMAINS.-Fetal remains shall be disposed of in a
1042	sanitary and appropriate manner and in accordance with standard
1043	health practices, as provided by rule of the Department of
1044	Health. A person who fails to dispose of fetal remains in
1045	accordance with department rules commits a misdemeanor of the
1046	first degree, punishable as provided in s. 775.082 or s.
1047	775.083.
1048	(10)  REFUSAL TO PARTICIPATE IN TERMINATION PROCEDURE.-
1049	Nothing in this section shall require any hospital or any person
1050	to participate in the termination of a pregnancy, nor shall any
1051	hospital or any person be liable for such refusal. No person who
1052	is a member of, or associated with, the staff of a hospital, nor
1053	any employee of a hospital or physician in which or by whom the
1054	termination of a pregnancy has been authorized or performed, who
1055	states an objection to such procedure on moral or religious
1056	grounds shall be required to participate in the procedure which
1057	will result in the termination of pregnancy. The refusal of any
1058	such person or employee to participate shall not form the basis
1059	for any disciplinary or other recriminatory action against such
1060	person.
1061	(11)  EXCLUSION FROM APPLICATION.-The provisions of this
1062	section do not apply to the performance of a procedure that
1063	terminates a pregnancy in order to deliver a live child or to
1064	remove a dead or dying fetus whose demise was not the product of
1065	an induced abortion.
1066	(12)  PENALTIES FOR VIOLATION.-
1067	(a)  Any person who willfully induces, performs, or assists
1068	in a termination of pregnancy procedure on another person in
1069	violation of the requirements of subsection (4), paragraph
1070	(5)(a), or subsection (6) commits a felony of the second degree,
1071	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1072	(b)  Any person who willfully induces, performs, or assists
1073	in a termination of pregnancy procedure on another person in
1074	violation of subsection (3) commits a felony of the first
1075	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1076	775.084.
1077	(c)  Any person who willfully induces, performs, or assists
1078	in a termination of pregnancy procedure on another person in
1079	violation of subsection (3) which results in serious bodily
1080	injury to the person commits a felony of the first degree,
1081	punishable by imprisonment for a term of years not exceeding
1082	life as provided in s. 775.082, s. 775.083, or s. 775.084.
1083	(d)  Any person who induces, performs, or assists in a
1084	termination of pregnancy procedure on another person in
1085	violation of the provisions of this section which results in the
1086	death of the person commits a life felony, punishable as
1087	provided in s. 775.082, s. 775.083, or s. 775.084.
1088	(13)  CIVIL ACTIONS REGARDING ABORTION; RELIEF.-
1089	(a)  Any person inducing, performing, or assisting in the
1090	performance of an induced abortion is liable for damages as
1091	provided in paragraph (b). A cause of action for damages under
1092	this subsection may be brought by the patient or her spouse, if
1093	married, her estate if the patient is deceased, or her parents
1094	or legal guardian if the patient is a minor. Any waiver of
1095	liability for a person inducing, performing, or assisting in the
1096	performance of an induced abortion is void and unenforceable.
1097	(b)  In a civil action under this subsection, appropriate
1098	relief includes:
1099	1.  Monetary damages for all injury or harm, psychological,
1100	emotional, and physical, occasioned by the abortion or by the
1101	failure to comply with the consent requirements of subsection
1102	(7).
1103	2.  Damages equal to three times the cost of the induced
1104	abortion.
1105	(c)  Notwithstanding any other law, an action for damages
1106	under this subsection may be commenced within 30 years after the
1107	date of the performance of the abortion.
1108	(14)  ADOPTION ALTERNATIVE INFORMATION.-Any physician or
1109	authorized personnel of a medical facility who learns that a
1110	pregnant woman treated by the physician or facility personnel
1111	wishes to obtain an induced abortion of a viable fetus at the
1112	facility under circumstances prohibited by this section or that
1113	a woman treated by the physician or facility personnel has had a
1114	termination of pregnancy at the facility under circumstances
1115	where the fetus was born alive and survives and who does not
1116	wish to keep the child shall provide the woman with information
1117	concerning the availability of adoption for her unwanted child.
1118	Compliance with this subsection may be accomplished by providing
1119	the woman with the address and telephone number of the Office of
1120	Adoption and Child Protection within the Executive Office of the
1121	Governor and informing her of the existence of the statewide
1122	list of attorneys available to provide pro bono legal services
1123	for adoption maintained by that office.
1124	(15)  RULEMAKING AUTHORITY.-Except for subsection (9), the
1125	Agency for Health Care Administration may adopt rules pursuant
1126	to ss. 120.536(1) and 120.54 to implement the provisions of this
1127	section. These rules shall be for the purpose of protecting the
1128	health and safety of women and unborn human life. These rules
1129	are also for the purpose of securing compliance with the
1130	requirements of this section and to facilitate the enforcement
1131	of sanctions for those violations to which administrative
1132	penalties apply. The Department of Health may adopt rules
1133	pursuant to ss. 120.536(1) and 120.54 to implement the
1134	provisions of subsection (9). The rulemaking authority granted
1135	in this subsection is supplemental to the rulemaking authority
1136	provided in s. 390.012.
1137	Section 22.  If section 21 of this act, creating s.
1138	390.01117, Florida Statutes, is declared unconstitutional or has
1139	its enforcement enjoined, the repeal of s. 390.011, Florida
1140	Statutes, in section 3 of this act, and the provisions of
1141	section 20 of this act, amending section 39.001, Florida
1142	Statutes, shall be deemed to be void and of no effect, it being
1143	the legislative intent that these provisions would not have been
1144	adopted had the provisions of section 4 of this act, creating s.
1145	390.01113, Florida Statutes, or section 21 of this act, creating
1146	s. 390.01117, Florida Statutes, not been included.
1147	Section 23.  Section 390.01118, Florida Statutes, is
1148	created to read:
1149	390.01118  Parental notice of abortion.-
1150	(1)  SECTION SUPERSEDED.-This section is superseded by s.
1151	390.01113 and shall become effective only in the event that s.
1152	390.01113 is declared unconstitutional or has its enforcement
1153	enjoined.
1154	(2)  LEGISLATIVE FINDINGS.-
1155	(a)  The Legislature enacted s. 390.01114, the "Parental
1156	Notice of Abortion Act," in 2005 to implement s. 22, Art. X of
1157	the State Constitution. Section 390.01114(6) required annual
1158	reporting to the Governor, the President of the Senate, and the
1159	Speaker of the House of Representatives on the number of
1160	petitions filed seeking a judicial waiver of the act's notice
1161	requirements and on the timing and manner of disposal of such
1162	petitions.
1163	(b)  Data collected in compliance with the reporting
1164	requirements of s. 390.01114(6) revealed that in 2006, 2007, and
1165	2008 petitions seeking judicial waiver of that act's
1166	notification requirements were granted in over 94 percent of the
1167	cases in which a petition for judicial waiver was filed.
1168	(c)  The Legislature finds that human life is precious and
1169	that a decision to have an abortion is among the most difficult
1170	decisions a person may make during her lifetime and one which a
1171	minor should not make alone. The Legislature further finds that
1172	s. 22, Art. X of the State Constitution embodies a public policy
1173	to protect the fundamental right of parents in the care,
1174	custody, and management of their minor children which includes
1175	providing an unmarried pregnant minor help and advice in making
1176	the very important decision of whether or not to bear a child.
1177	(3)  APPLICATION.-This section supersedes s. 390.01114 in
1178	its entirety unless it is found unconstitutional, in which case
1179	s. 390.01114 shall apply in lieu of this section.
1180	(4)  DEFINITIONS.-As used in this section, the term:
1181	(a)  "Actual notice" means notice that is given directly,
1182	in person, or by telephone to a parent or legal guardian of a
1183	minor by a physician at least 48 hours before the inducement or
1184	performance of an abortion and documented in the minor's medical
1185	record.
1186	(b)  "Child abuse" means aggravated child abuse, child
1187	abuse, or neglect of a child, as defined in s. 827.03.
1188	(c)  "Constructive notice" means notice that is given in
1189	writing, signed by the physician, and mailed at least 72 hours
1190	before the inducement or performance of the abortion to the last
1191	known address of the parent or legal guardian of the minor by
1192	certified mail, return receipt requested, and delivery
1193	restricted to the parent or legal guardian. After the 72 hours
1194	have passed, delivery is deemed to have occurred.
1195	(d)  "Family member" means a parent, stepparent, sibling,
1196	persons related by blood or marriage, persons who are presently
1197	residing together as if a family or who have resided together in
1198	the past as if a family, and persons who are parents of a child
1199	in common regardless of whether they have been married.
1200	(e)  "Medical emergency" means a condition that, on the
1201	basis of a physician's good faith clinical judgment, so
1202	complicates the medical condition of a pregnant woman as to
1203	necessitate the immediate termination of her pregnancy to avert
1204	her death, or for which a delay in the termination of her
1205	pregnancy will create serious risk of substantial and
1206	irreversible impairment of a major bodily function.
1207	(f)  "Minor" means a person under the age of 18 years.
1208	(g)  "Sexual activity" has the same meaning as provided in
1209	s. 800.04.
1210	(h)  "Sexual exploitation" means allowing, encouraging, or
1211	forcing the minor to engage in prostitution as defined in s.
1212	796.07 or a sexual performance as defined in s. 827.071.
1213	(i)  "Unfit" means that the parents or legal guardian
1214	abused, abandoned, or neglected the minor, as those terms are
1215	defined in s. 39.01.
1216	(5)  NOTIFICATION REQUIRED.-
1217	(a)  Actual notice shall be provided by the physician
1218	performing or inducing the abortion or by a referring physician
1219	before the performance or inducement of the abortion on a minor.
1220	Regardless of whether actual notice is provided by the physician
1221	performing or inducing the abortion or by the referring
1222	physician, the physician performing or inducing the abortion
1223	must affirm that actual notice has been provided. Before
1224	affirming that actual notice has been provided, the physician
1225	who performs or induces the abortion must receive a written
1226	statement of the referring physician certifying that the
1227	referring physician has given notice. If actual notice is not
1228	possible after a reasonable effort has been made, the physician
1229	performing or inducing the abortion or the referring physician
1230	must give constructive notice. Notice given under this
1231	subsection by the physician performing or inducing the abortion
1232	must include the name and address of the facility providing the
1233	abortion and the name of the physician providing notice. Notice
1234	given under this subsection by a referring physician must
1235	include the name and address of the facility where he or she is
1236	referring the minor and the name of the physician providing
1237	notice. If actual notice is provided by telephone, the physician
1238	must actually speak with the parent or legal guardian and must
1239	record in the minor's medical file the name of the parent or
1240	legal guardian provided notice, the phone number dialed, and the
1241	date and time of the call. If constructive notice is given, the
1242	physician must document that notice by placing copies of any
1243	document related to the constructive notice, including, but not
1244	limited to, a copy of the letter and the return receipt, in the
1245	minor's medical record. If actual notice is provided by
1246	telephone, the physician shall also send written notice
1247	confirming the actual notice provided by telephone to the last
1248	known address of the parent or legal guardian of the minor by
1249	certified mail, return receipt requested, and delivery
1250	restricted to the parent or legal guardian within 48 hours after
1251	performing the abortion.
1252	(b)  The notice required in paragraph (a) is not required
1253	if:
1254	1.  In the physician's good faith clinical judgment a
1255	medical emergency exists and there is insufficient time for the
1256	attending physician to comply with the notification requirements
1257	of this subsection. In the event an abortion is performed as the
1258	result of a medical emergency, the physician must document in
1259	writing in the minor's medical records the nature of the medical
1260	emergency that existed which preceded or necessitated the
1261	performance of the abortion and the reason the abortion
1262	procedure was necessary to avert the minor's death or otherwise
1263	avert a serious risk of substantial and irreversible impairment
1264	of a major bodily function of the minor. Subsequent to an
1265	abortion performed on a minor due to a medical emergency, the
1266	physician shall notify the minor's parent or legal guardian of
1267	the abortion within 24 hours after the abortion procedure. The
1268	physician performing the abortion who treated the minor's
1269	medical emergency shall provide the parent or legal guardian
1270	with a copy of the medical record documenting the reason the
1271	abortion was necessary as described in this subparagraph if
1272	requested by the parent or legal guardian. The Legislature finds
1273	that abortions performed pursuant to this exception are
1274	performed solely due to exigent circumstances arising from a
1275	bona fide medical emergency and are not performed on minors
1276	exercising a personal choice to obtain an abortion without
1277	parental notice. Therefore, no provision for waiver of the post-
1278	abortion parental notification required under this subparagraph
1279	is necessary, appropriate, or authorized.
1280	2.  The minor obtains a waiver of the notification
1281	requirement pursuant to subsection (6) and provides the
1282	attending physician with a certified copy of the court order
1283	granting the petition for waiver issued pursuant to that
1284	subsection.
1285	(c)  Violation of this subsection by a physician
1286	constitutes grounds for disciplinary action under s. 458.331 or
1287	s. 459.015.
1288	(6)  JUDICIAL WAIVER OF NOTICE OF PARENT OR GUARDIAN.-
1289	(a)  The Legislature finds that judicial waiver proceedings
1290	are conducted in a nonadversarial manner and that frequently the
1291	only person providing testimonial evidence to the court is the
1292	minor seeking the judicial waiver. The Legislature further finds
1293	that while the parent or legal guardian has a fundamental
1294	liberty interest in the rearing and raising of his or her
1295	children, that interest is not represented in these proceedings.
1296	The Legislature finds that the United States Supreme Court has
1297	approved parental notification statutes which provide for ex
1298	parte hearings without addressing the deprivation of the
1299	fundamental liberty interest of fit parents to rear and raise
1300	their children. This Legislature therefore accommodates such
1301	waiver proceedings in this subsection. The Legislature urges the
1302	United States Supreme Court to carefully reexamine the
1303	governmental intrusion into the parent-child relationship of
1304	such bypass provisions and the ongoing and routine denial of the
1305	fundamental liberty interest of parents without due process of
1306	law that its current jurisprudence has condoned but not
1307	specifically addressed with respect to one-parent notification
1308	statutes.
1309	(b)  A minor may petition the circuit court in which she
1310	resides for a waiver of the notice requirements of subsection
1311	(5) under any of the following circumstances:
1312	1.  The minor is or has been married or has had the
1313	disability of nonage removed under s. 743.015 or a similar
1314	statute of another state, and the minor has provided to the
1315	court a certified copy of the marriage certificate, divorce
1316	decree, or court order showing removal of disability of nonage.
1317	A marriage annulment does not satisfy this exception to the
1318	notice requirements of subsection (5).
1319	2.  The minor's parents are or legal guardian is currently
1320	unaware of the pregnancy, and the minor or her sibling has
1321	previously been the victim of child abuse by a parent or legal
1322	guardian with whom she currently resides, regardless of whether
1323	the parent or legal guardian has been previously charged or
1324	convicted of child abuse.
1325	3.  The minor's pregnancy was the result of sexual activity
1326	with a family member or sexual exploitation by a family member.
1327	4.  It is in the minor's best interest to have an abortion
1328	without first seeking the advice and support of her parents or
1329	legal guardian. In making this determination there is a
1330	rebuttable presumption that it is in the minor's best interest
1331	to have the support and advice of her parents or legal guardian
1332	when deciding whether to have an abortion. The minor has the
1333	burden of overcoming the presumption by clear and convincing
1334	evidence that her parents are or legal guardian is unfit to
1335	offer advice, support, or guidance to the minor regarding the
1336	best course of action for her pregnancy. A finding that a
1337	minor's parents are or legal guardian is unfit may not be based
1338	solely on the testimony of the minor seeking the abortion. If
1339	the court finds the parents or legal guardian unfit under this
1340	paragraph, it must set forth specific findings of fact in
1341	support of that conclusion.
1342	5.  From the date of filing the petition, the minor is 190
1343	days or less from reaching 18 years of age and has demonstrated
1344	that she is sufficiently mature to decide whether to have an
1345	abortion without any advice, support, or guidance from her
1346	parents or legal guardian. In determining whether the minor is
1347	sufficiently mature, the court must find that the following
1348	criteria have been proven:
1349	a.  That neither of the minor's parents nor her legal
1350	guardian is currently aware of the pregnancy.
1351	b.  That the minor understands the consequences of her
1352	decision to her and her unborn child.
1353	c.  That the minor has given thorough and mature
1354	consideration of the alternatives to abortion.
1355	d.  That the minor understands that the decision to have an
1356	abortion once acted upon is irrevocable and terminates a human
1357	life.
1358	e.  That the decision of the minor to seek an abortion
1359	without notification to her parents or legal guardian is not the
1360	result of improper or undue influence of another person. For
1361	purposes of this sub-subparagraph, improper or undue influence
1362	may be found in circumstances, including, but not limited to,
1363	where another person who stands to monetarily benefit from the
1364	performance of an abortion has encouraged the minor's decision
1365	to have an abortion or discouraged the minor from considering
1366	alternatives, or any circumstance where there is a reasonable
1367	probability that, absent the influence of another person, the
1368	minor would not be seeking an abortion or seeking to avoid
1369	parental involvement in her decision.
1370	(c)  The court shall appoint a guardian ad litem for a
1371	minor seeking a waiver under this subsection. The guardian ad
1372	litem shall maintain the confidentiality of the proceedings. The
1373	circuit court shall appoint legal counsel for a minor seeking a
1374	waiver under this subsection upon her request and at no cost.
1375	(d)  Court proceedings under this subsection must be given
1376	precedence over all other pending matters as necessary to ensure
1377	that the court reaches a decision promptly. The court shall
1378	conduct a hearing, rule, and issue written findings of fact and
1379	conclusions of law within 48 hours, excluding Saturdays and
1380	Sundays, after the petition is filed, except that the 48-hour
1381	limitation may be extended at the request of the minor. The
1382	chief judge of the circuit shall be responsible for ensuring the
1383	assignment of the petition to a judge capable of complying with
1384	the time requirements of this paragraph. Failure of the assigned
1385	judge to rule within 48 hours shall not constitute an order
1386	granting or denying the petition but may be considered
1387	nonfeasance in office. Any petition not ruled upon within the
1388	48-hour period shall be immediately forwarded to the chief judge
1389	of the circuit who shall issue a ruling within 24 hours after
1390	the expiration of the 48-hour period. The chief judge of the
1391	circuit shall report to the Judicial Qualifications Commission
1392	and to the Speaker of the House of Representatives and the
1393	President of the Senate the name of any judge assigned to a
1394	petition who fails to rule within the 48-hour period required
1395	under this paragraph.
1396	(e)  The court may receive evidence on any issue of fact
1397	necessary to rule on the petition and may on its own motion
1398	examine and review public records, records of the Comprehensive
1399	Case Information System, and any other records which may be
1400	judicially noticed under s. 90.202. If the court finds that the
1401	minor has demonstrated by clear and convincing evidence that she
1402	qualifies for a waiver under paragraph (b), the court shall
1403	issue an order granting the petition for waiver. In cases where
1404	the waiver is granted pursuant to subparagraph (b)3., the order
1405	granting the petition shall include a finding that the minor is
1406	a victim of sexual activity with a family member or sexual
1407	exploitation by a family member. In cases where the court grants
1408	the petition pursuant to subparagraph (b)2. or subparagraph
1409	(b)3., the court shall forward a copy of such order to the
1410	Department of Children and Family Services. If the court finds
1411	that the minor has failed to establish her qualification for a
1412	waiver under paragraph (b) by clear and convincing evidence, the
1413	court shall deny the petition. All orders issued pursuant to
1414	this subsection shall indicate the minor's age.
1415	(f)  A court that conducts proceedings under this
1416	subsection shall provide for a written transcript of all
1417	testimony and proceedings and issue written and specific factual
1418	findings and legal conclusions supporting its decision and shall
1419	order that a confidential record of the evidence and the judge's
1420	findings and conclusions be maintained as required under s.
1421	390.01116.
1422	(g)  An expedited confidential appeal shall be available,
1423	as the Supreme Court provides by rule, to any minor denied a
1424	waiver pursuant to this subsection.
1425	(h)  No filing fees or court costs shall be required of any
1426	pregnant minor who petitions a court for a waiver of parental
1427	notification under this subsection at the trial or the appellate
1428	level.
1429	(i)  No county shall be obligated to pay the salaries,
1430	costs, or expenses of any counsel appointed by the court under
1431	this subsection.
1432	(7)  REPORT.-The Supreme Court, through the Office of the
1433	State Courts Administrator, shall report by February 1 of each
1434	year to the Governor, the President of the Senate, and the
1435	Speaker of the House of Representatives on the number of
1436	petitions filed under subsection (6) for the preceding year and
1437	the timing and manner of disposal of the petitions by each
1438	circuit court.
1439	Section 24.  If section 4 of this act, creating s.
1440	390.01113, Florida Statutes, is declared unconstitutional or has
1441	its enforcement enjoined, the statutory repeals and amendments
1442	contained in sections 5 through 19 of this act shall be deemed
1443	to be void and of no effect, and the text of any amended
1444	provisions shall revert to that in existence on the effective
1445	date of this act, except that any amendments to such text
1446	enacted other than by this act shall be preserved and continue
1447	to operate, it being the legislative intent that these
1448	provisions would not have been adopted had the provisions of
1449	section 4 of this act, creating s. 390.01113, Florida Statutes,
1450	not been included.
1451	Section 25.  It is the intent of the Legislature that if
1452	any provisions of this act are held invalid, such invalidity
1453	shall not affect the validity of section 2 of this act, creating
1454	s. 390.0001, Florida Statutes, and to this end section 2 of this
1455	act, creating s. 390.0001, Florida Statutes, is severable from
1456	all other provisions of this act.
1457	Section 26.  This act shall take effect July 1, 2010.

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