HB 1247

1	A bill to be entitled
2	An act relating to parental notice of abortion; amending
3	s. 390.01114, F.S.; revising the definition of the term
4	"constructive notice"; revising notice requirements
5	relating to the termination of a pregnancy of a minor;
6	providing exceptions to the notice requirements; revising
7	procedure for judicial waiver of notice; providing for the
8	minor to petition for a hearing within a specified time;
9	providing that in a hearing relating to waiving the
10	requirement for parental notice, the court consider
11	certain additional factors, including whether the minor's
12	decision to terminate her pregnancy was due to undue
13	influence; providing a procedure for appeal if judicial
14	waiver of notice is not granted; requiring that the court
15	order contain factual findings and legal conclusions;
16	requiring Supreme Court reports to the Governor and
17	Legislature to include additional information; providing
18	for severability; providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Section 390.01114, Florida Statutes, is amended
23	to read:
24	390.01114  Parental Notice of Abortion Act.-
25	(1)  SHORT TITLE.-This section may be cited as the
26	"Parental Notice of Abortion Act."
27	(2)  DEFINITIONS.-As used in this section, the term:
28	(a)  "Actual notice" means notice that is given directly,
29	in person or by telephone, to a parent or legal guardian of a
30	minor, by a physician, at least 48 hours before the inducement
31	or performance of a termination of pregnancy, and documented in
32	the minor's files.
33	(b)  "Child abuse" has the same meaning as s. 39.0015(3).
34	(c)  "Constructive notice" means notice that is given in
35	writing, signed by the physician, and mailed at least 72 hours
36	before the inducement or performance of the termination of
37	pregnancy, to the last known address of the parent or legal
38	guardian of the minor, by first-class mail and by certified
39	mail, return receipt requested, and delivery restricted to the
40	parent or legal guardian. After the 72 hours have passed,
41	delivery is deemed to have occurred.
42	(d)  "Medical emergency" means a condition that, on the
43	basis of a physician's good faith clinical judgment, so
44	complicates the medical condition of a pregnant woman as to
45	necessitate the immediate termination of her pregnancy to avert
46	her death, or for which a delay in the termination of her
47	pregnancy will create serious risk of substantial and
48	irreversible impairment of a major bodily function.
49	(e)  "Sexual abuse" has the meaning ascribed in s. 39.01.
50	(f)  "Minor" means a person under the age of 18 years.
51	(3)  NOTIFICATION REQUIRED.-
52	(a)  Actual notice shall be provided by the physician
53	performing or inducing the termination of pregnancy before the
54	performance or inducement of the termination of the pregnancy of
55	a minor. The notice may be given by a referring physician. The
56	physician who performs or induces the termination of pregnancy
57	must receive the written statement of the referring physician
58	certifying that the referring physician has given notice. If
59	actual notice is not possible after a reasonable effort has been
60	made, the physician performing or inducing the termination of
61	pregnancy or the referring physician must give constructive
62	notice. Notice given under this subsection by the physician
63	performing or inducing the termination of pregnancy must include
64	the name and address of the facility providing the termination
65	of pregnancy and the name of the physician providing notice.
66	Notice given under this subsection by a referring physician must
67	include the name and address of the facility where he or she is
68	referring the minor and the name of the physician providing
69	notice. If actual notice is provided by telephone, the physician
70	must actually speak with the parent or guardian, and must record
71	in the minor's medical file the name of the parent or guardian
72	provided notice, the phone number dialed, and the date and time
73	of the call. If constructive notice is given, the physician must
74	document that notice by placing copies of any document related
75	to the constructive notice, including, but not limited to, a
76	copy of the letter and the return receipt, in the minor's
77	medical file. Actual notice given by telephone shall be
78	confirmed in writing, signed by the physician, and mailed to the
79	last known address of the parent or legal guardian of the minor,
80	by first-class mail and by certified mail, return receipt
81	requested, with delivery restricted to the parent or legal
82	guardian.
83	(b)  Notice is not required if:
84	1.  In the physician's good faith clinical judgment, a
85	medical emergency exists and there is insufficient time for the
86	attending physician to comply with the notification
87	requirements. If a medical emergency exists, the physician shall
88	make reasonable attempts, whenever possible, without endangering
89	the minor, to contact the parent or legal guardian, and may
90	proceed, but must document reasons for the medical necessity in
91	the patient's medical records. The physician shall provide
92	notice directly, in person or by telephone, to the parent or
93	legal guardian, including details of the medical emergency and
94	any additional risks to the minor. If the parent or legal
95	guardian has not been notified within 24 hours after the
96	termination of the pregnancy, the physician shall provide notice
97	in writing, including details of the medical emergency and any
98	additional risks to the minor, signed by the physician, to the
99	last known address of the parent or legal guardian of the minor,
100	by first-class mail and by certified mail, return receipt
101	requested, with delivery restricted to the parent or legal
102	guardian;
103	2.  Notice is waived in writing by the person who is
104	entitled to notice and such waiver is notarized, dated not more
105	than 30 days before the termination of pregnancy, and contains a
106	specific waiver of the right of the parent or legal guardian to
107	notice of the minor's termination of pregnancy;
108	3.  Notice is waived by the minor who is or has been
109	married or has had the disability of nonage removed under s.
110	743.015 or a similar statute of another state;
111	4.  Notice is waived by the patient because the patient has
112	a minor child dependent on her; or
113	5.  Notice is waived under subsection (4).
114	(c)  Violation of this subsection by a physician
115	constitutes grounds for disciplinary action under s. 458.331 or
116	s. 459.015.
117	(4)  PROCEDURE FOR JUDICIAL WAIVER OF NOTICE.-
118	(a)  A minor may petition any circuit court in a judicial
119	circuit within the jurisdiction of the District Court of Appeal
120	in which the minor she resides for a waiver of the notice
121	requirements of subsection (3) and may participate in
122	proceedings on her own behalf. The petition may be filed under a
123	pseudonym or through the use of initials, as provided by court
124	rule. The petition must include a statement that the petitioner
125	is pregnant and notice has not been waived. The court shall
126	advise the minor that she has a right to court-appointed counsel
127	and shall provide her with counsel upon her request at no cost
128	to the minor.
129	(b)1.  Court proceedings under this subsection must be
130	given precedence over other pending matters to the extent
131	necessary to ensure that the court reaches a decision promptly.
132	The court shall rule, and issue written findings of fact and
133	conclusions of law, within 3 business days 48 hours after the
134	petition is filed, except that the 3-business-day 48-hour
135	limitation may be extended at the request of the minor. If the
136	court fails to rule within the 3-business-day 48-hour period and
137	an extension has not been requested, the minor may immediately
138	petition for a hearing upon the expiration of the 3-business-day
139	period to the chief judge of the circuit, who must ensure a
140	hearing is held within 48 hours after receipt of the minor's
141	petition and an order is entered within 24 hours after the
142	hearing the petition is granted, and the notice requirement is
143	waived.
144	2.  If the circuit court does not grant judicial waiver of
145	notice, the minor has the right to appeal. An appellate court
146	must rule within 7 days after receipt of appeal, but a ruling
147	may be remanded with further instruction for a ruling within 3
148	business days after the remand. The reason for overturning a
149	ruling on appeal must be based on abuse of discretion by the
150	court and may not be based on the weight of the evidence
151	presented to the circuit court since the proceeding is a
152	nonadversarial proceeding.
153	(c)  If the court finds, by clear and convincing evidence,
154	that the minor is sufficiently mature to decide whether to
155	terminate her pregnancy, the court shall issue an order
156	authorizing the minor to consent to the performance or
157	inducement of a termination of pregnancy without the
158	notification of a parent or guardian. If the court does not make
159	the finding specified in this paragraph or paragraph (d), it
160	must dismiss the petition. Factors the court shall consider
161	include:
162	1.  The minor's:
163	a.  Age.
164	b.  Overall intelligence.
165	c.  Emotional development and stability.
166	d.  Credibility and demeanor as a witness.
167	e.  Ability to accept responsibility.
168	f.  Ability to assess both the immediate and long-range
169	consequences of the minor's choices.
170	g.  Ability to understand and explain the medical risks of
171	terminating her pregnancy and to apply that understanding to her
172	decision.
173	2.  Whether there may be any undue influence by another on
174	the minor's decision to have an abortion.
175	(d)  If the court finds, by a preponderance of the
176	evidence, that the petitioner is the victim there is evidence of
177	child abuse or sexual abuse inflicted of the petitioner by one
178	or both of her parents or her guardian, or by clear and
179	convincing evidence that the notification of a parent or
180	guardian is not in the best interest of the petitioner, the
181	court shall issue an order authorizing the minor to consent to
182	the performance or inducement of a termination of pregnancy
183	without the notification of a parent or guardian. The best-
184	interest standard does not include financial best interest or
185	financial considerations or the potential financial impact on
186	the minor or the minor's family if the minor does not terminate
187	the pregnancy. If the court finds evidence of child abuse or
188	sexual abuse of the minor petitioner by any person, the court
189	shall report the evidence of child abuse or sexual abuse of the
190	petitioner, as provided in s. 39.201. If the court does not make
191	the finding specified in this paragraph or paragraph (c), it
192	must dismiss the petition.
193	(e)  A court that conducts proceedings under this section
194	shall:
195	1.  Provide for a written transcript of all testimony and
196	proceedings; and
197	2.  Issue a final written order containing and specific
198	factual findings and legal conclusions supporting its decision,
199	including factual findings and legal conclusions relating to the
200	maturity of the minor as provided under paragraph (c); and shall
201	3.  Order that a confidential record be maintained, as
202	required under s. 390.01116. At the hearing, the court shall
203	hear evidence relating to the emotional development, maturity,
204	intellect, and understanding of the minor, and all other
205	relevant evidence.
206	(f)  All hearings under this section, including appeals,
207	shall remain confidential and closed to the public, as provided
208	by court rule.
209	(g)(f)  An expedited appeal shall be made available, as the
210	Supreme Court provides by rule, to any minor to whom the circuit
211	court denies a waiver of notice. An order authorizing a
212	termination of pregnancy without notice is not subject to
213	appeal.
214	(h)(g)  No Filing fees or court costs may not shall be
215	required of any pregnant minor who petitions a court for a
216	waiver of parental notification under this subsection at either
217	the trial or the appellate level.
218	(i)(h)  A No county is not shall be obligated to pay the
219	salaries, costs, or expenses of any counsel appointed by the
220	court under this subsection.
221	(5)  PROCEEDINGS.-The Supreme Court is requested to adopt
222	rules and forms for petitions to ensure that proceedings under
223	subsection (4) are handled expeditiously and in a manner
224	consistent with this act. The Supreme Court is also requested to
225	adopt rules to ensure that the hearings protect the minor's
226	confidentiality and the confidentiality of the proceedings.
227	(6)  REPORT.-The Supreme Court, through the Office of the
228	State Courts Administrator, shall report by February 1 of each
229	year to the Governor, the President of the Senate, and the
230	Speaker of the House of Representatives on the number of
231	petitions filed under subsection (4) for the preceding year, and
232	the timing and manner of disposal of such petitions by each
233	circuit court. For each petition resulting in a waiver of
234	notice, the reason for the waiver shall be included in the
235	report.
236	Section 2.  If any provision of this act or its application
237	to any individual or circumstance is held invalid, the
238	invalidity does not affect other provisions or applications of
239	the act which can be given effect without the invalid provision
240	or application, and to this end the provisions of this act are
241	severable.
242	Section 3.  This act shall take effect October 1, 2011, or
243	upon the adoption of rules and forms pursuant to s.
244	390.01114(5), Florida Statutes, by the Supreme Court for
245	purposes of the amendment of s. 390.01114, Florida Statutes, by
246	this act, whichever occurs earlier.

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