Florida Senate - 2013                                    SB 1636
       
       
       
       By Senator Flores
       
       
       
       
       37-01057C-13                                          20131636__
    1                        A bill to be entitled                      
    2         An act relating to infants born alive; amending s.
    3         390.011, F.S.; defining the term “born alive”;
    4         amending s. 390.0111, F.S.; providing that an infant
    5         born alive during or immediately after an attempted
    6         abortion is entitled to the same rights, powers, and
    7         privileges as any other child born alive in the course
    8         of natural birth; requiring health care practitioners
    9         to preserve the life and health of such an infant born
   10         alive, if possible; providing for the transport and
   11         admittance of an infant born alive to a hospital;
   12         providing a presumption that the infant has been
   13         surrendered; providing for certain medical and social
   14         services for the infant; requiring a health care
   15         practitioner or certain employees who have knowledge
   16         of any violations with respect to infants born alive
   17         after an attempted abortion to report those violations
   18         to the Department of Health; providing a penalty;
   19         providing an effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsections (4) through (8) of section 390.011,
   24  Florida Statutes, are renumbered as subsections (5) through (9),
   25  respectively, and a new subsection (4) is added to that section
   26  to read:
   27         390.011 Definitions.—As used in this chapter, the term:
   28         (4) “Born alive” means the complete expulsion or extraction
   29  from the mother of a human infant, at any stage of development,
   30  who, after such expulsion or extraction, breathes or has a
   31  beating heart, or definite and voluntary movement of muscles,
   32  regardless of whether the umbilical cord has been cut and
   33  regardless of whether the expulsion or extraction occurs as a
   34  result of natural or induced labor, Cesarean section, induced
   35  abortion, or other method.
   36         Section 2. Subsections (12) and (13) of section 390.0111,
   37  Florida Statutes, are renumbered as subsections (13) and (14),
   38  respectively, subsection (10) is amended, and a new subsection
   39  (12) is added to that section to read:
   40         390.0111 Termination of pregnancies.—
   41         (10) PENALTIES FOR VIOLATION.—Except as provided in
   42  subsections (3), and (7), and (12):
   43         (a) Any person who willfully performs, or actively
   44  participates in, a termination of pregnancy procedure in
   45  violation of the requirements of this section commits a felony
   46  of the third degree, punishable as provided in s. 775.082, s.
   47  775.083, or s. 775.084.
   48         (b) Any person who performs, or actively participates in, a
   49  termination of pregnancy procedure in violation of the
   50  provisions of this section which results in the death of the
   51  woman commits a felony of the second degree, punishable as
   52  provided in s. 775.082, s. 775.083, or s. 775.084.
   53         (12) INFANTS BORN ALIVE.—
   54         (a) An infant born alive during or immediately after an
   55  attempted abortion is entitled to the same rights, powers, and
   56  privileges as are granted by the laws of this state to any other
   57  child born alive in the course of natural birth.
   58         (b) If an infant is born alive during or immediately after
   59  an attempted abortion, any health care practitioner present at
   60  the time shall humanely exercise the same degree of professional
   61  skill, care, and diligence to preserve the life and health of
   62  the infant as a reasonably diligent and conscientious health
   63  care practitioner would render to an infant born alive in the
   64  course of natural birth.
   65         (c) An infant born alive during or immediately after an
   66  attempted abortion must be immediately transported and admitted
   67  to a hospital pursuant to s. 390.012(3)(c) or rules adopted
   68  thereunder. Upon such hospital admittance, the infant is
   69  presumed to be surrendered under s. 383.50(2) and must receive
   70  the medical care and social services provided under s.
   71  383.50(4), (7), and (8).
   72         (d) A health care practitioner or any employee of a
   73  hospital, a physician’s office, or an abortion clinic who has
   74  knowledge of a violation of this subsection must report the
   75  violation to the department.
   76         (e) A person who violates this subsection commits a
   77  misdemeanor of the first degree, punishable as provided in s.
   78  775.082 or s. 775.083.
   79         Section 3. This act shall take effect July 1, 2013.