Florida Senate - 2014                                    SB 1602
       
       
        
       By Senator Evers
       
       
       
       
       
       2-01506-14                                            20141602__
    1                        A bill to be entitled                      
    2         An act relating to abortion; creating the “Unborn
    3         Viability Act”; creating s. 390.0001, F.S.; providing
    4         legislative findings regarding abortion; creating s.
    5         390.01117, F.S.; providing definitions; creating s.
    6         390.01118, F.S.; prohibiting termination of a
    7         pregnancy after a fetus has been determined to be
    8         viable; providing exceptions; requiring a
    9         determination of viability for women in a certain week
   10         of pregnancy or later before termination may be
   11         performed; requiring an ultrasound and recordkeeping;
   12         providing that determination of viability and a
   13         required ultrasound may not be performed by a
   14         physician providing reproductive health services at an
   15         abortion clinic; requiring that a termination of
   16         pregnancy involving a viable fetus, when not
   17         prohibited, be performed in a hospital or other
   18         medical establishment; providing a standard of care
   19         for a termination of pregnancy performed while a fetus
   20         is viable; providing that the woman’s life is a
   21         superior consideration to the concern for the life of
   22         the fetus and the woman’s health is a superior
   23         consideration to the concern for the health of the
   24         fetus when such life or health concerns are in
   25         conflict; prohibiting a physician’s misrepresentation
   26         of the gestational age or developmental stage of a
   27         viable fetus in any medical record and failure to use
   28         the prescribed standard of care on a viable fetus;
   29         providing criminal penalties; providing that only a
   30         physician may perform a termination of pregnancy;
   31         requiring voluntary and informed consent for a
   32         termination of pregnancy; providing an exception for
   33         medical emergencies; providing for documentation of a
   34         medical emergency; providing that violations may
   35         subject physicians to discipline; prohibiting
   36         experimentation on a fetus; providing an exception;
   37         providing that violations may subject physicians to
   38         discipline; requiring that fetal remains be disposed
   39         of according to specified standards; providing
   40         criminal penalties; providing that a person or
   41         facility is not required to participate in the
   42         termination of a pregnancy or be liable for such
   43         refusal; excluding specified procedures from
   44         applicability of section; prohibiting a termination of
   45         pregnancy procedure in violation of specified
   46         requirements; providing criminal penalties;
   47         prohibiting inflicting serious bodily injury on a
   48         person in the course of performing a termination of
   49         pregnancy; providing criminal penalties; providing
   50         enhanced criminal penalties if the serious bodily
   51         injury results in death; requiring physicians and
   52         personnel at a medical facility to provide certain
   53         patients with information regarding adoption and a
   54         statewide list of attorneys available to provide
   55         volunteer legal services for adoption; providing
   56         rulemaking authority to the Agency for Health Care
   57         Administration and the Department of Health; providing
   58         that rulemaking authority is supplemental to s.
   59         390.012, F.S.; amending s. 39.001, F.S.; providing
   60         legislative intent concerning adoption services for
   61         women and minors with unwanted pregnancies; requiring
   62         the Office of Adoption and Child Protection to create
   63         and manage a statewide list of attorneys providing
   64         volunteer adoption services for women and minors with
   65         unwanted pregnancies who would have selected abortion,
   66         if lawful, rather than adoption; providing that the
   67         full amount of all federal moneys received by the
   68         state as a result of efforts made by the office to
   69         provide legal services for adoption are deposited,
   70         directed, and budgeted for use by the office;
   71         repealing ss. 390.011, 390.0111, 390.01114, 390.01116,
   72         390.0112, 390.012, 390.014, 390.015, 390.018, and
   73         390.025, F.S., relating to provisions regulating the
   74         termination of pregnancies and definitions applying
   75         thereto, the Parental Notice of Abortion Act, public
   76         records exemptions for identifying information
   77         regarding minors seeking a waiver of notice
   78         requirements under such act, reporting requirements
   79         for terminated pregnancies, the licensure and
   80         operation of abortion clinics, the disposal of fetal
   81         remains, the imposition of administrative fines for
   82         violations by abortion clinics, and provisions
   83         regulating abortion referral or counseling agencies
   84         and prescribing penalties for violations by such
   85         agencies; repealing ss. 782.30, 782.32, 782.34, and
   86         782.36, F.S., relating to the Partial-Birth Abortion
   87         Act; amending s. 27.511, F.S.; conforming language
   88         relating to court-appointed counsel for minors under
   89         the Parental Notice of Abortion Act to the repeal of
   90         s. 390.01114, F.S.; amending ss. 627.64995, 627.6699,
   91         627.66996, and 641.31099, F.S.; providing restrictions
   92         on use of state and federal funds for state exchanges
   93         that provide coverage for induced abortions and
   94         terminations of pregnancies under certain conditions;
   95         amending ss. 743.065 and 765.113, F.S.; conforming
   96         cross-references; providing an effective date.
   97          
   98  Be It Enacted by the Legislature of the State of Florida:
   99  
  100         Section 1. This act may be cited as the “Unborn Viability
  101  Act.”
  102         Section 2. Section 390.0001, Florida Statutes, is created
  103  to read:
  104         390.0001 Legislative findings regarding abortion.—
  105         (1) The Legislature acknowledges that all persons are
  106  endowed by their Creator with certain unalienable rights, and
  107  that first among these is their right to life.
  108         (2) The Legislature finds that all human life comes from
  109  the Creator, has an inherent value that cannot be quantified by
  110  man, and begins at the earliest biological development of a
  111  fertilized human egg.
  112         (3) The Legislature finds that the United States
  113  Constitution expresses no qualification for, or limitation on,
  114  the protection of human life by laws passed by state
  115  legislatures which regard human life as the most fundamental
  116  gift from God and deserving of paramount importance among all
  117  other unalienable rights expressed or implied in the United
  118  States Constitution.
  119         (4) The Legislature finds that personal liberty is not a
  120  license to kill or otherwise destroy any form of human life
  121  under any provision of the United States Constitution.
  122         (5) The Legislature finds that once human life begins,
  123  there is a compelling state interest in protecting its
  124  development from that moment through birth. Any act of a person
  125  detrimental to unborn human life, when not necessary in defense
  126  of the life of a mother bearing such unborn human life, which
  127  unnaturally terminates that unborn human life, is a deprivation
  128  of that unborn human’s unalienable right to life.
  129         (6) The Legislature finds that the establishment of
  130  viability as the point at which the state may restrict
  131  abortions, as well as the “undue burden” standard of Planned
  132  Parenthood of Southern Pennsylvania v. Casey, 505 U.S. 833
  133  (1992) is arbitrary and provides inadequate guidance for this
  134  state to enact meaningful protections for unborn human life.
  135         (7) The Legislature finds that the health exception
  136  required of post-viability abortion regulations inadequately
  137  protects the health of women and minors seeking post-viability
  138  abortions and impedes the state’s protection of viable unborn
  139  human life.
  140         (8) The Legislature finds that the people of Florida seek
  141  to protect all human life and prohibit unnecessary abortion
  142  through the exercise of their right to self-government.
  143         (9) The Legislature urges the United States Supreme Court
  144  to overturn Roe v. Wade, 410 U.S. 113 (1973), and Planned
  145  Parenthood of Southern Pennsylvania v. Casey, 505 U.S. 833
  146  (1992).
  147         Section 3. Section 390.01117, Florida Statutes, is created
  148  to read:
  149         390.01117 Definitions.—As used in this chapter, the term:
  150         (1) “Abortion” means the termination of a human pregnancy
  151  with an intention other than to produce a live birth or to
  152  remove a fetus that has died of natural causes.
  153         (2) “Abortion clinic” or “clinic” means any facility,
  154  location, or structure in which abortions are performed. The
  155  term does not include a hospital or other medical establishment
  156  as defined in subsection (6).
  157         (3) “Agency” means the Agency for Health Care
  158  Administration.
  159         (4) “Born alive” means the complete expulsion or extraction
  160  from the mother of a human infant, at any stage of development,
  161  who, after such expulsion or extraction, breathes or has a
  162  beating heart or definite and voluntary movement of muscles,
  163  regardless of whether the umbilical cord has been cut and
  164  regardless of whether the expulsion or extraction occurs as a
  165  result of natural or induced labor, caesarean section, induced
  166  abortion, or another method.
  167         (5) “Department” means the Department of Health.
  168         (6) “Hospital” means a medical establishment as defined in
  169  s. 395.002(12) and licensed under chapter 395 and part II of
  170  chapter 408.
  171         (7) “Human life” means a human person and is the biological
  172  development of the species homo sapiens that begins when a human
  173  egg is fertilized by a human sperm and continues to develop as a
  174  living organism. For the purposes of this chapter, the terms
  175  “human life” and “human person” may be used interchangeably.
  176         (8) “Induced abortion” means a medically initiated
  177  termination of a human pregnancy with the intent to kill a
  178  living human organism, zygote, embryo, or fetus. For purposes of
  179  this subsection, the term “medically initiated” refers to the
  180  ingestion or administration of pharmaceutical abortifacients by
  181  any means, surgical procedures, or use of any device or
  182  instrument and any combination thereof.
  183         (9) “Medical emergency” means a condition that, on the
  184  basis of a physician’s good faith clinical judgment, so
  185  complicates the medical condition of a patient as to necessitate
  186  the immediate termination of her pregnancy to avert her death,
  187  or for which a delay in the termination of her pregnancy will
  188  create serious risk of substantial and irreversible impairment
  189  of a major bodily function or unreasonably reduce the likelihood
  190  of successful treatment of a life-threatening disease.
  191         (10) “Patient” means the woman or minor upon whom an
  192  abortion or termination of pregnancy is performed or induced.
  193         (11) “Physician” means a physician licensed under chapter
  194  458 or chapter 459 or a physician practicing medicine or
  195  osteopathic medicine in the employment of the United States who
  196  is attending to the patient.
  197         (12) “Pregnancy” means the process by which one or more
  198  human persons develop in a woman’s body.
  199         (13) “Termination of pregnancy” means the termination of a
  200  human pregnancy under circumstances not prohibited by this
  201  section.
  202         (14) “Viability” means that stage of fetal development
  203  when, in the judgment of the physician, based on the particular
  204  facts of the case before him or her and in light of the most
  205  advanced medical technology and information available, there is
  206  a reasonable probability of sustained survival of the unborn
  207  human person outside his or her mother’s womb with or without
  208  artificial support.
  209         Section 4. Section 390.01118, Florida Statutes, is created
  210  to read:
  211         390.01118 Abortion unlawful beginning with 20th week of
  212  pregnancy; termination of pregnancies.—
  213         (1) TERMINATION AFTER VIABILITY PROHIBITED; EXCEPTION.—A
  214  termination of pregnancy may not be performed on any human being
  215  when it is determined, in accordance with a determination of
  216  viability pursuant to subsection (2), that the fetus is viable
  217  unless:
  218         (a) Two physicians certify in writing to the fact that, to
  219  a reasonable degree of medical certainty, the termination of
  220  pregnancy is necessary to prevent the death of the patient;
  221         (b) Two physicians certify in writing to the fact that, to
  222  a reasonable degree of medical certainty, the termination of
  223  pregnancy is necessary because to continue the pregnancy would
  224  unreasonably reduce the likelihood of successful treatment of an
  225  already life-threatening disease of the patient; or
  226         (c) The attending physician certifies in writing that a
  227  medical emergency existed as described in paragraph (a) or
  228  paragraph (b) and another physician was not available for
  229  consultation before the time necessary to perform the
  230  termination of pregnancy. The physician’s written certification
  231  must clearly describe the details of the medical emergency in
  232  the patient’s medical records.
  233         (2) DETERMINATION OF VIABILITY.—A termination of pregnancy
  234  may not be induced or performed on any patient who is in the
  235  20th week of pregnancy or later without first obtaining an
  236  ultrasound from a physician to determine the stage of fetal
  237  development. The physician shall estimate as accurately as
  238  possible the stage of fetal development and shall indicate on
  239  the patient’s medical records the gestational age, length, and
  240  weight, and lung maturity of the fetus. The physician shall also
  241  indicate on the patient’s medical records whether, within a
  242  reasonable degree of medical probability, the fetus is viable.
  243  Due to the potential of an inherent conflict of interest, the
  244  performance of the ultrasound and the determination of viability
  245  required under this subsection may not be performed by a
  246  physician or other person who provides reproductive health
  247  services at an abortion clinic.
  248         (3) STANDARD OF MEDICAL CARE TO BE USED DURING VIABILITY.—
  249         (a) A termination of pregnancy involving a viable fetus,
  250  when not prohibited under subsection (1), must be performed in a
  251  hospital or other medical establishment that is capable of
  252  providing all necessary lifesaving or life-sustaining medical
  253  services to the viable fetus.
  254         (b) If a termination of pregnancy is performed while the
  255  patient’s fetus is viable, the person who performs or induces
  256  the termination of pregnancy may not fail to use that degree of
  257  professional skill, care, and diligence to preserve the life and
  258  health of the fetus which such person would be required to
  259  exercise in order to preserve the life and health of any fetus
  260  intended to be born alive. Notwithstanding this subsection, the
  261  patient’s life is an overriding and superior consideration to
  262  the concern for the life of the fetus, and the patient’s health
  263  is an overriding and superior consideration to the concern for
  264  the health of the fetus when such life or health concerns are in
  265  conflict. For purposes of this subsection, health considerations
  266  refer to medical judgment exercised in light of factors
  267  exclusively described in subsection (1). Violation of this
  268  subsection by a physician constitutes grounds for disciplinary
  269  action under s. 458.331 or s. 459.015.
  270         (c) Any physician who, once the matter of the viability or
  271  nonviability of the fetus is determined within a reasonable
  272  degree of medical probability, knowingly and willfully
  273  misrepresents the gestational age or stage of fetal development
  274  of a viable fetus in an entry into any medical record and who
  275  fails to use the standard of care required under paragraph (b)
  276  on any fetus determined to be viable commits a felony of the
  277  first degree, punishable as provided in s. 775.082, s. 775.083,
  278  or s. 775.084.
  279         (4) PERFORMANCE BY PHYSICIAN REQUIRED.—A termination of
  280  pregnancy may not, at any time, be performed by a person who is
  281  not a physician.
  282         (5) CONSENTS REQUIRED.—A termination of pregnancy may not
  283  be performed or induced except with the voluntary and informed
  284  written consent of the patient or, in the case of a mentally
  285  incompetent patient, the voluntary and informed written consent
  286  of her court-appointed guardian or, in the case of a minor
  287  patient, notwithstanding s. 743.065, the voluntary and informed
  288  consent of the minor’s parent or legal guardian.
  289         (a) Except in the case of a medical emergency, consent to a
  290  termination of pregnancy is voluntary and informed only if:
  291         1. The physician who is to perform the procedure or the
  292  referring physician has personally informed the patient, or the
  293  court-appointed guardian if the patient is mentally incompetent
  294  or a parent or legal guardian in the case of a minor patient,
  295  of:
  296         a. The nature and risks of undergoing or not undergoing the
  297  proposed procedure that a reasonable patient similarly situated
  298  may consider relevant to making an informed decision of whether
  299  to terminate a pregnancy.
  300         b. The probable gestational age of the fetus at the time
  301  the termination of pregnancy is to be performed.
  302         c. The medical risks to the patient and fetus of carrying
  303  the pregnancy to term.
  304         d. All other factors, including physical, emotional,
  305  psychological, and familial factors relevant to the short-term
  306  and long-term well-being of the patient, including the emotional
  307  and psychological impact relating to the loss of human life
  308  through voluntary termination of the pregnancy.
  309         2. Printed materials prepared and provided by the
  310  department have been provided to the patient, or the court
  311  appointed guardian if the patient is mentally incompetent or a
  312  parent or legal guardian in the case of a minor patient,
  313  including:
  314         a. An accurate estimate of the stage of biological
  315  development, gestational age, length, weight, and viability of
  316  the unborn human person.
  317         b. A list of agencies that offer alternatives to
  318  terminating the pregnancy.
  319         c. Detailed information on the availability of medical
  320  assistance benefits for prenatal care, childbirth, and neonatal
  321  care.
  322         3. The patient, or the court-appointed guardian if the
  323  patient is mentally incompetent or a parent or legal guardian in
  324  the case of a minor patient, has been given, in writing, the
  325  address and telephone number of the Office of Adoption and Child
  326  Protection within the Executive Office of the Governor and
  327  informed of the existence of a statewide list of attorneys
  328  available to provide volunteer legal services for adoption.
  329         4. The person required to give consent under this
  330  subsection acknowledges in writing, before the termination of
  331  the pregnancy, that the information required to be provided
  332  under this paragraph has been provided.
  333         (b) In the event a medical emergency exists and a physician
  334  cannot comply with the requirements for informed consent, the
  335  attending physician may terminate a pregnancy if he or she has
  336  obtained at least one corroborative physician’s written opinion
  337  attesting to the medical necessity for emergency medical
  338  procedures and to the fact that, to a reasonable degree of
  339  medical certainty, the continuation of the pregnancy would
  340  threaten the physical life of the patient. In the event that a
  341  second physician is not available for a corroborating written
  342  opinion before the time necessary to perform the termination of
  343  pregnancy, the physician may proceed but must document all
  344  reasons for the medical emergency and must clearly describe the
  345  details of the medical emergency in the patient’s medical
  346  records as described in paragraph (1)(c).
  347         (c) Violation of this subsection by a physician constitutes
  348  grounds for disciplinary action under s. 458.331 or s. 459.015.
  349  Substantial compliance or reasonable belief that complying with
  350  the requirements of informed consent would threaten the life of
  351  the patient as described in paragraph (1)(a) or would
  352  unreasonably reduce the successful treatment of an already life
  353  threatening disease of the patient as described in paragraph
  354  (1)(b) may be raised as a defense to any action brought under
  355  this subsection.
  356         (6) EXPERIMENTATION ON FETUS PROHIBITED; EXCEPTION.—A
  357  person may not use any live fetus or live, premature infant for
  358  any type of scientific, research, laboratory, or other kind of
  359  experimentation before or after any termination of pregnancy
  360  procedure except as necessary to protect or preserve the life
  361  and health of such fetus or premature infant. Violation of this
  362  subsection by a physician constitutes grounds for disciplinary
  363  action under s. 458.331 or s. 459.015.
  364         (7) FETAL REMAINS.—Fetal remains shall be disposed of in a
  365  sanitary and appropriate manner and in accordance with standard
  366  health practices as provided by rule of the department. A person
  367  who fails to dispose of fetal remains in accordance with
  368  department rules commits a felony of the third degree,
  369  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  370         (8) REFUSAL TO PARTICIPATE IN TERMINATION PROCEDURE.—This
  371  section does not require any hospital or other medical
  372  establishment or person to participate in the termination of a
  373  pregnancy and any hospital or other medical establishment or
  374  person is not liable for such refusal. A person who is a member
  375  of or associated with the staff of a hospital or other medical
  376  establishment, or any employee of a hospital or other medical
  377  establishment or physician in which or by whom the termination
  378  of a pregnancy is authorized or performed, who states an
  379  objection to such procedure may not be required to participate
  380  in the procedure which will result in the termination of
  381  pregnancy. The refusal of any such person or employee to
  382  participate does not form the basis for any disciplinary or
  383  other recriminatory action against such person.
  384         (9) EXCLUSION FROM APPLICABILITY.—This section does not
  385  apply to the performance of a procedure that terminates a
  386  pregnancy in order to deliver a live child or to remove a dead
  387  fetus, whose demise was not the product of a termination of
  388  pregnancy or an abortion, from the patient’s body.
  389         (10) PENALTIES FOR VIOLATION.—
  390         (a) Any person who willfully induces, performs, or assists
  391  in a termination of pregnancy procedure on another person in
  392  violation of the requirements of subsection (2), paragraph
  393  (3)(a), or subsection (4) commits a felony of the second degree,
  394  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  395         (b) Any person who willfully induces, performs, or assists
  396  in a termination of pregnancy procedure on another person in
  397  violation of subsection (1) commits a felony of the first
  398  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  399  775.084.
  400         (c) Any person who willfully induces, performs, or assists
  401  in a termination of pregnancy procedure on another person in
  402  violation of subsection (1) which results in serious bodily
  403  injury to the person commits a felony of the first degree,
  404  punishable by imprisonment for a term of years not exceeding
  405  life as provided in s. 775.082, s. 775.083, or s. 775.084.
  406         (d) Any person who induces, performs, or assists in a
  407  termination of pregnancy procedure on another person in
  408  violation of this section which results in the death of the
  409  person commits a life felony, punishable as provided in s.
  410  775.082, s. 775.083, or s. 775.084.
  411         (11) ADOPTION ALTERNATIVE INFORMATION.—Any physician or
  412  authorized personnel of a medical facility who learns that a
  413  patient wishes to obtain an induced abortion, or that a patient
  414  has had a termination of pregnancy where the fetus survived,
  415  shall provide that patient with information concerning the
  416  availability of adoption for her unwanted child. Compliance with
  417  this subsection may be accomplished by providing the patient or,
  418  in the case of a mentally incompetent patient, her court
  419  appointed guardian or, in the case of a minor patient, the
  420  minor’s parent or legal guardian with the address and telephone
  421  number of the Office of Adoption and Child Protection within the
  422  Executive Office of the Governor and inform the patient or, in
  423  the case of a mentally incompetent patient, her court-appointed
  424  guardian or, in the case of a minor patient, the minor’s parent
  425  or legal guardian of the existence of a statewide list of
  426  attorneys available to provide volunteer legal services for
  427  adoption.
  428         (12) RULEMAKING AUTHORITY.—
  429         (a) Except for subsection (7), the agency may adopt rules
  430  pursuant to ss. 120.536(1) and 120.54 to implement this section.
  431  These rules shall be for the purpose of protecting the health
  432  and safety of pregnant women and minors and unborn human
  433  persons. These rules are also for the purpose of securing
  434  compliance with the requirements of this section and to
  435  facilitate the enforcement of sanctions for those violations to
  436  which administrative penalties apply.
  437         (b) The department may adopt rules pursuant to ss.
  438  120.536(1) and 120.54 to implement subsection (7).
  439         (c) The rulemaking authority granted in this subsection is
  440  supplemental to the rulemaking authority provided in s. 390.012.
  441         Section 5. Subsection (7) of section 39.001, Florida
  442  Statutes, is amended, and paragraph (d) is added to subsection
  443  (8) of that section, to read:
  444         39.001 Purposes and intent; personnel standards and
  445  screening.—
  446         (7) LEGISLATIVE INTENT FOR THE PREVENTION OF ABUSE,
  447  ABANDONMENT, AND NEGLECT OF CHILDREN; ADOPTION SERVICES FOR
  448  WOMEN AND MINORS WITH UNWANTED PREGNANCIES.—The incidence of
  449  known child abuse, abandonment, and neglect has increased
  450  rapidly in recent over the past 5 years. The impact that abuse,
  451  abandonment, or neglect has on the victimized child, siblings,
  452  family structure, and inevitably on all citizens of the state
  453  has caused the Legislature to determine that the prevention of
  454  child abuse, abandonment, and neglect shall be a priority of
  455  this state. In addition, to provide assistance for women and
  456  minors with unwanted pregnancies who would have selected
  457  abortion, if lawful in this state, rather than adoption as an
  458  alternative for their unborn children, the Legislature has
  459  determined to offer such women and minors information regarding
  460  volunteer legal services to accomplish an appropriate adoptive
  461  placement for their newborn children. To further this end, It is
  462  the intent of the Legislature that the an Office of Adoption and
  463  Child Protection be maintained to accomplish these purposes
  464  established.
  465         (8) OFFICE OF ADOPTION AND CHILD PROTECTION.—
  466         (d) In connection with the provision of volunteer legal
  467  services for women and minors with unwanted pregnancies who
  468  would have selected abortion, if lawful in this state, rather
  469  than adoption, the office shall:
  470         1. Create and manage a statewide list of attorneys that
  471  provide volunteer adoption services for such women and minors.
  472         2. Have deposited, directed, and budgeted in the full
  473  amount for its use, in addition to funds that would have or are
  474  otherwise budgeted for it, all moneys received by or otherwise
  475  awarded to the state from the Federal Government, the United
  476  States Treasury, or any other federal agency as a result of
  477  efforts made by the office to provide legal services for
  478  adoption.
  479         Section 6. Sections 390.011, 390.0111, 390.01114,
  480  390.01116, 390.0112, 390.012, 390.014, 390.015, 390.018,
  481  390.025, 782.30, 782.32, 782.34, and 782.36, Florida Statutes,
  482  are repealed.
  483         Section 7. Paragraph (a) of subsection (6) of section
  484  27.511, Florida Statutes, is amended to read:
  485         27.511 Offices of criminal conflict and civil regional
  486  counsel; legislative intent; qualifications; appointment;
  487  duties.—
  488         (6)(a) The office of criminal conflict and civil regional
  489  counsel has primary responsibility for representing persons
  490  entitled to court-appointed counsel under the Federal or State
  491  Constitution or as authorized by general law in civil
  492  proceedings, including, but not limited to, proceedings under s.
  493  393.12 and chapters 39, 392, 397, 415, 743, 744, and 984 and
  494  proceedings to terminate parental rights under chapter 63.
  495  Private court-appointed counsel eligible under s. 27.40 have
  496  primary responsibility for representing minors who request
  497  counsel under s. 390.01114, the Parental Notice of Abortion Act;
  498  however, the office of criminal conflict and civil regional
  499  counsel may represent a minor under that section if the court
  500  finds that no private court-appointed attorney is available.
  501         Section 8. Subsection (1) of section 627.64995, Florida
  502  Statutes, is amended to read:
  503         627.64995 Restrictions on use of state and federal funds
  504  for state exchanges.—
  505         (1) A health insurance policy under which coverage is
  506  purchased in whole or in part with any state or federal funds
  507  through an exchange created pursuant to the federal Patient
  508  Protection and Affordable Care Act, Pub. L. No. 111-148, may not
  509  provide coverage for an induced abortion as defined in s.
  510  390.01117 and prohibited under s. 390.01118 or for a termination
  511  of pregnancy in violation of s. 390.01118(3) s. 390.011(1),
  512  except if the pregnancy is the result of an act of rape or
  513  incest, or in the case where a woman suffers from a physical
  514  disorder, physical injury, or physical illness, including a
  515  life-endangering physical condition caused by or arising from
  516  the pregnancy itself, which would, as certified by a physician,
  517  place the woman in danger of death unless an abortion is
  518  performed. Coverage is deemed to be purchased with state or
  519  federal funds if any tax credit or cost-sharing credit is
  520  applied toward the health insurance policy.
  521         Section 9. Paragraph (a) of subsection (17) of section
  522  627.6699, Florida Statutes, is amended to read:
  523         627.6699 Employee Health Care Access Act.—
  524         (17) RESTRICTIONS ON COVERAGE.—
  525         (a) A plan under which coverage is purchased in whole or in
  526  part with any state or federal funds through an exchange created
  527  pursuant to the federal Patient Protection and Affordable Care
  528  Act, Pub. L. No. 111-148, may not provide coverage for an
  529  induced abortion, as defined in s. 390.01117 and prohibited
  530  under s. 390.01118 or for a termination of pregnancy in
  531  violation of s. 390.01118(3) s. 390.011(1), except if the
  532  pregnancy is the result of an act of rape or incest, or in the
  533  case where a woman suffers from a physical disorder, physical
  534  injury, or physical illness, including a life-endangering
  535  physical condition caused by or arising from the pregnancy
  536  itself, which would, as certified by a physician, place the
  537  woman in danger of death unless an abortion is performed.
  538  Coverage is deemed to be purchased with state or federal funds
  539  if any tax credit or cost-sharing credit is applied toward the
  540  plan.
  541         Section 10. Subsection (1) of section 627.66996, Florida
  542  Statutes, is amended to read:
  543         627.66996 Restrictions on use of state and federal funds
  544  for state exchanges.—
  545         (1) A group, franchise, or blanket health insurance policy
  546  under which coverage is purchased in whole or in part with any
  547  state or federal funds through an exchange created pursuant to
  548  the federal Patient Protection and Affordable Care Act, Pub. L.
  549  No. 111-148, may not provide coverage for an induced abortion as
  550  defined in s. 390.01117 and prohibited under s. 390.01118 or for
  551  a termination of pregnancy in violation of s. 390.01118(3) s.
  552  390.011(1), except if the pregnancy is the result of an act of
  553  rape or incest, or in the case where a woman suffers from a
  554  physical disorder, physical injury, or physical illness,
  555  including a life-endangering physical condition caused by or
  556  arising from the pregnancy itself, which would, as certified by
  557  a physician, place the woman in danger of death unless an
  558  abortion is performed. Coverage is deemed to be purchased with
  559  state or federal funds if any tax credit or cost-sharing credit
  560  is applied toward the group, franchise, or blanket health
  561  insurance policy.
  562         Section 11. Subsection (1) of section 641.31099, Florida
  563  Statutes, is amended to read:
  564         641.31099 Restrictions on use of state and federal funds
  565  for state exchanges.—
  566         (1) A health maintenance contract under which coverage is
  567  purchased in whole or in part with any state or federal funds
  568  through an exchange created pursuant to the federal Patient
  569  Protection and Affordable Care Act, Pub. L. No. 111-148, may not
  570  provide coverage for an induced abortion as defined in s.
  571  390.01117 and prohibited under s. 390.01118 or for a termination
  572  of pregnancy in violation of s. 390.01118(3) s. 390.011(1),
  573  except if the pregnancy is the result of an act of rape or
  574  incest, or in the case where a woman suffers from a physical
  575  disorder, physical injury, or physical illness, including a
  576  life-endangering physical condition caused by or arising from
  577  the pregnancy itself, which would, as certified by a physician,
  578  place the woman in danger of death unless an abortion is
  579  performed. Coverage is deemed to be purchased with state or
  580  federal funds if any tax credit or cost-sharing credit is
  581  applied toward the health maintenance contract.
  582         Section 12. Subsection (3) of section 743.065, Florida
  583  Statutes, is amended to read:
  584         743.065 Unwed pregnant minor or minor mother; consent to
  585  medical services for minor or minor’s child valid.—
  586         (3) Nothing in this act shall affect the provisions of s.
  587  390.0111.
  588         Section 13. Subsection (2) of section 765.113, Florida
  589  Statutes, is amended to read:
  590         765.113 Restrictions on providing consent.—Unless the
  591  principal expressly delegates such authority to the surrogate in
  592  writing, or a surrogate or proxy has sought and received court
  593  approval pursuant to rule 5.900 of the Florida Probate Rules, a
  594  surrogate or proxy may not provide consent for:
  595         (2) Withholding or withdrawing life-prolonging procedures
  596  from a pregnant patient before prior to viability as defined in
  597  s. 390.01117 s. 390.0111(4).
  598         Section 14. This act shall take effect July 1, 2014.