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.