Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 404
       
       
       
       
       
       
                                Ì9099328Î909932                         
       
                              LEGISLATIVE ACTION                        
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       Senator Farmer moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 390.01117, Florida Statutes, is created
    6  to read:
    7         390.01117Parental consent for abortion.—
    8         (1) SHORT TITLE.—This section may be cited as the “Parental
    9  Consent for Abortion Act.”
   10         (2) DEFINITIONS.—As used in this section, the term:
   11         (a) “Consent” means a notarized written statement signed by
   12  a minor and either her mother, her father, or her legal guardian
   13  declaring that the minor is pregnant, that she intends to seek
   14  an abortion, and that her mother, father, or legal guardian, as
   15  applicable, consents to the abortion.
   16         (b) “Minor” means an unemancipated person younger than 18
   17  years of age.
   18         (c)“Statement of veto of abortion” means a written
   19  statement signed by a minor and either her mother, her father,
   20  or her legal guardian declaring that the minor is pregnant, that
   21  she desires an abortion, and that her mother, father, or legal
   22  guardian, as applicable, objects to the abortion, including a
   23  detailed explanation by the minor’s mother, father, or legal
   24  guardian of the reasons for his or her veto of the abortion.
   25         (3) CONSENT OF ONE PARENT OR LEGAL GUARDIAN REQUIRED.—A
   26  physician may not perform an abortion on a minor unless the
   27  physician has been presented with consent as defined in this
   28  section.
   29         (4) EXCEPTIONS.—Consent is not required under subsection
   30  (3) if:
   31         (a)The attending physician certifies in the minor’s
   32  medical record that a medical emergency, as defined in s.
   33  390.01114(2)(d), exists and there is insufficient time to obtain
   34  consent;
   35         (b)The attending physician certifies in the minor’s
   36  medical record that the minor’s parent or legal guardian has
   37  failed to fully and properly complete a statement of veto of
   38  abortion within the required time limit established in
   39  subsection (5); or
   40         (c)Consent is waived under subsection (7).
   41         (5)PROCEDURE FOR STATEMENT OF VETO OF ABORTION.—
   42         (a)A minor may request written documentation of a parent’s
   43  or legal guardian’s decision to veto an abortion in the form of
   44  a statement of veto of abortion.
   45         (b)A parent or legal guardian who vetoes a minor’s
   46  abortion must complete and sign the statement of veto of
   47  abortion within 3 days after the minor requests the statement. A
   48  parent’s or legal guardian’s failure to fully and properly
   49  complete a statement of veto of abortion within the required 3
   50  day timeframe constitutes a waiver of the parent’s or legal
   51  guardian’s ability to veto the minor’s abortion.
   52         (c)Forms for a statement of veto of abortion shall be made
   53  available to a minor both online and in print by all of the
   54  following entities:
   55         1.Any abortion provider.
   56         2.Any crisis pregnancy center.
   57         3.Any school counselor.
   58         4.Any court participating in the judicial waiver process.
   59         5. The Florida Department of Health.
   60         (6)DUTIES AND LIABILITIES ASSOCIATED WITH STATEMENTS OF
   61  VETO OF ABORTION.—
   62         (a)A parent or legal guardian who has completed a
   63  statement of veto of abortion is financially responsible for all
   64  medical costs associated with the continuation of a pregnancy as
   65  a result of the parent’s or legal guardian’s objection to the
   66  abortion, including, but not limited to, all of the following:
   67         1.Medical appointments, procedures, and equipment.
   68         2.Prescription medication.
   69         3.Nonprescription medication.
   70         4.Vitamins or nutritional supplements.
   71         5.Psychological care.
   72         6.Psychiatric care.
   73         (b)A parent or legal guardian who has completed a
   74  statement of veto of abortion is financially responsible for all
   75  education costs ordinarily or customarily related to a child
   76  born as a result of the parent’s or legal guardian’s objection
   77  to the abortion, including, but not limited to, all of the
   78  following:
   79         1.Costs associated with child care, such as day care or
   80  babysitting.
   81         2.Pre-kindergarten.
   82         3.Private education tuition and fees.
   83         4.Parochial education tuition and fees.
   84         5.Educational supplies, such as notebooks, pens, pencils,
   85  and backpacks.
   86         6.Tutoring.
   87         7.College or university tuition at a private or public
   88  institution.
   89         8.Special education programs.
   90         (c)A parent or legal guardian who has completed a
   91  statement of veto of abortion is financially responsible for all
   92  costs ordinarily and customarily related to providing food and
   93  housing for a child born as a result of the parent’s or legal
   94  guardian’s veto of abortion, including, but not limited to, all
   95  of the following:
   96         1.Rent or mortgage for a living space.
   97         2.Disposable or reusable diapers.
   98         3.Clothing.
   99         4.Food.
  100         5.Hygiene items, such as toothbrushes, toothpaste, or
  101  sanitary napkins.
  102         (7) PROCEDURE FOR JUDICIAL WAIVER OF CONSENT.—
  103         (a) A minor may petition any circuit court in the district
  104  in which the minor resides for a waiver of the right of the
  105  mother, father, or legal guardian to veto an abortion and may
  106  participate in proceedings on her own behalf. The petition must
  107  include a statement that the minor is pregnant and is
  108  unemancipated, that a parent or a legal guardian of the minor
  109  has vetoed her right to an abortion, and that the minor wishes
  110  to obtain an abortion regardless of the express veto of her
  111  parent or legal guardian. The circuit court shall advise the
  112  minor that she has a right to court-appointed counsel and shall
  113  provide her with counsel upon her request. The court also may
  114  appoint a guardian ad litem for the minor. A guardian ad litem
  115  appointed under this subsection must maintain the
  116  confidentiality of the minor’s identity.
  117         (b) Court proceedings under this section shall be
  118  confidential and must ensure the anonymity of the minor. All
  119  court proceedings under this section shall be sealed. The minor
  120  may file her petition in the court using a pseudonym or using
  121  solely her initials. All documents related to this petition
  122  shall be confidential and may not be made available to the
  123  public. These proceedings shall be given precedence over other
  124  pending matters to the extent necessary to ensure that the court
  125  reaches a decision promptly. The court shall rule, and issue
  126  written findings of fact and conclusions of law, within 3
  127  business days after the petition is filed, except that the 3
  128  business-day limitation may be extended at the request of the
  129  minor.
  130         1. If the court fails to rule within the 3-business-day
  131  period and an extension has not been requested, the minor may
  132  immediately petition for a hearing upon the expiration of the 3
  133  business-day period to the chief judge of the circuit, who must
  134  ensure that a hearing is held within 48 hours after receipt of
  135  the minor’s petition and that an order is entered within 24
  136  hours after the hearing.
  137         2. If the circuit court does not grant a judicial waiver of
  138  consent, the minor has the right to an appeal. An appellate
  139  court must rule within 7 days after receipt of the appeal, but a
  140  ruling may be remanded with further instruction, in which case a
  141  ruling must be made within 3 business days after the remand. The
  142  reason for overturning a ruling on appeal must be based on abuse
  143  of discretion by the court and may not be based on the weight of
  144  the evidence presented to the circuit court, since the
  145  proceeding is a nonadversarial proceeding.
  146         (c) If the court finds, by clear and convincing evidence,
  147  that the minor is sufficiently mature to decide whether to
  148  terminate her pregnancy, the court shall issue an order
  149  authorizing the minor to obtain an abortion without the consent
  150  of a parent or legal guardian. If the court does not make the
  151  finding specified in this paragraph or paragraph (d), it must
  152  dismiss the petition. The court shall consider whether there may
  153  be any undue influence by another on the minor’s decision to
  154  have an abortion and all of the following factors concerning the
  155  minor:
  156         1. Age.
  157         2. Overall intelligence.
  158         3. Emotional development and stability.
  159         4. Credibility and demeanor as a witness.
  160         5. Ability to accept responsibility.
  161         6. Ability to assess both the immediate and long-range
  162  consequences of her choices.
  163         7. Ability to understand and explain the medical risks of
  164  terminating her pregnancy and to apply that understanding to her
  165  decision.
  166         (d) If the court finds, by a preponderance of the evidence,
  167  that the petitioner is the victim of child abuse or sexual
  168  abuse, as those terms are defined in s. 390.01114(2), inflicted
  169  by one or both of her parents or her legal guardian, or finds,
  170  by clear and convincing evidence, that requiring the consent of
  171  a parent or legal guardian is not in the best interest of the
  172  petitioner, the court shall issue an order authorizing the minor
  173  to obtain an abortion without the consent of a parent or legal
  174  guardian. The best-interest standard does not include financial
  175  best interest or financial considerations or the potential
  176  financial impact on the minor or her family if she does not
  177  terminate the pregnancy. If the court finds evidence of child
  178  abuse or sexual abuse of the petitioner by any person, the court
  179  shall report the evidence of child abuse or sexual abuse of the
  180  petitioner, as provided in s. 39.201. If the court does not make
  181  the finding specified in this paragraph or paragraph (c), it
  182  must dismiss the petition.
  183         (e)If the court finds, by a preponderance of the evidence,
  184  that a statement of veto of abortion is based predominantly on
  185  the philosophical views of the parent or legal guardian, and not
  186  on the best interest of the minor, the court shall grant a
  187  judicial waiver of consent.
  188         (f) A court that conducts proceedings under this section
  189  shall:
  190         1. Provide for a written transcript of all testimony and
  191  proceedings;
  192         2. Issue a final written order containing factual findings
  193  and legal conclusions supporting its decision, including factual
  194  findings and legal conclusions relating to the maturity of the
  195  minor as provided under paragraph (c); and
  196         3. Order that a confidential record be maintained.
  197         (g) All hearings under this section, including appeals,
  198  shall remain confidential and closed to the public, as provided
  199  by court rule.
  200         (h) An expedited appeal shall be made available, as the
  201  Supreme Court provides by rule, to any minor to whom the circuit
  202  court denies a waiver of consent. An order authorizing an
  203  abortion without parental consent is not subject to appeal.
  204         (i) Filing fees or court costs may not be required of any
  205  minor who petitions a court for a waiver of consent under this
  206  subsection at either the trial or the appellate level.
  207         (j) A county is not required to pay the salaries, costs, or
  208  expenses of any counsel appointed by the court under this
  209  subsection.
  210         (8) RULEMAKING.—The Supreme Court is requested to adopt
  211  rules and forms for statements of veto of abortion and for
  212  petitions for judicial waiver to ensure that proceedings under
  213  subsections (6) and (8) are handled expeditiously and in a
  214  manner consistent with this section. The Supreme Court is also
  215  requested to adopt rules to ensure that the hearings protect the
  216  confidentiality of the minor’s identity and the confidentiality
  217  of the proceedings.
  218         (9) CRIMINAL PENALTIES AND CIVIL REMEDIES.—
  219         (a) Any person who willfully and intentionally performs an
  220  abortion with knowledge that, or with reckless disregard as to
  221  whether, the minor upon whom the abortion is to be performed is
  222  unemancipated without obtaining the required consent commits a
  223  misdemeanor of the first degree, punishable as provided in s.
  224  775.082 or s. 775.083. It is a defense to prosecution under this
  225  section that the minor falsely represented her age or identity
  226  to the physician to be at least 18 years of age by displaying an
  227  apparently valid governmental record of identification such that
  228  a careful and prudent person under similar circumstances would
  229  have relied on the representation. The defense does not apply if
  230  the physician is shown to have had independent knowledge of the
  231  minor’s actual age or identity or failed to use due diligence in
  232  determining her age or identity.
  233         (b) Any person not authorized to provide consent under this
  234  section who provides consent commits a misdemeanor of the first
  235  degree, punishable as provided in s. 775.082 or s. 775.083.
  236         (c) Failure to obtain consent from a person from whom
  237  consent is required under this section is prima facie evidence
  238  of failure to obtain consent and of interference with family
  239  relations in appropriate civil actions. Such prima facie
  240  evidence does not apply to any issue other than failure to
  241  obtain consent from the parent or legal guardian and
  242  interference with family relations in appropriate civil actions.
  243  The civil action may be based on a claim that the act was a
  244  result of negligence, gross negligence, wantonness, willfulness,
  245  intention, or other legal standard of care. Exemplary damages
  246  may be awarded in appropriate civil actions relevant to
  247  violations of this section.
  248         (d)Failure to comply with the requirements of this section
  249  constitutes grounds for disciplinary action under each
  250  respective practice act and under s. 456.072.
  251         (e)An individual whose pregnancy has continued as a result
  252  of her parent’s or legal guardian’s objection to an abortion may
  253  petition a court to recover any expenses provided in subsection
  254  (7) which have not been paid directly by the parent or legal
  255  guardian who completed the statement of veto of abortion.
  256         (f)Any legal expenses and attorney fees incurred while
  257  recovering expenses provided in subsection (7) by an individual
  258  whose pregnancy has continued as a result of her parent’s or
  259  legal guardian’s objection to an abortion shall be paid by the
  260  parent or legal guardian who completed the statement of veto of
  261  abortion.
  262         (g)An individual whose pregnancy has continued as a result
  263  of her parent’s or legal guardian’s objection to an abortion is
  264  entitled to financial compensation from the parent or legal
  265  guardian who completed a statement of veto of abortion for any
  266  physical, emotional, psychological, or financial damage incurred
  267  as a result of the continuation of pregnancy.
  268         (h)Any legal expenses and attorney fees incurred while
  269  pursuing compensation under paragraph (g) shall be paid by the
  270  parent or legal guardian who completed the statement of veto of
  271  abortion.
  272         (10) CONSTRUCTION.—
  273         (a) This section may not be construed to create or
  274  recognize a right to abortion.
  275         (b) This section may not be construed to limit the common
  276  law rights of parents or legal guardians.
  277         (c) By enacting this section, the Legislature does not
  278  intend to make lawful an abortion that is currently unlawful.
  279         (d)This section may not be construed to grant a parent or
  280  legal guardian who completes a statement of veto of abortion any
  281  right to make or influence decisions regarding a child born as a
  282  result of the continuation of pregnancy.
  283         (11) SEVERABILITY.—Any provision of this section held to be
  284  invalid or unenforceable by its terms, or as applied to any
  285  person or circumstance, shall be construed so as to give it the
  286  maximum effect permitted by law, unless such holding is one of
  287  utter invalidity or unenforceability, in which event such
  288  provision shall be deemed severable and may not affect the
  289  remainder hereof or the application of such provision to other
  290  persons not similarly situated or to other, dissimilar
  291  circumstances.
  292         Section 2. This act shall take effect July 1, 2020.
  293  
  294  ================= T I T L E  A M E N D M E N T ================
  295  And the title is amended as follows:
  296         Delete everything before the enacting clause
  297  and insert:
  298                        A bill to be entitled                      
  299         An act relating to parental consent for abortion;
  300         creating s. 390.01117, F.S.; providing a short title;
  301         defining terms; prohibiting a physician from
  302         performing an abortion on a minor unless the physician
  303         has been presented with consent from the minor’s
  304         parent or legal guardian, as appropriate; providing
  305         exceptions; authorizing a minor to request a parent or
  306         legal guardian document his or her veto of an abortion
  307         in a specified form; requiring the parent or legal
  308         guardian to complete and sign the form within a
  309         specified timeframe; requiring certain entities to
  310         make the form available online and in printed format;
  311         providing duties and liabilities for a parent or legal
  312         guardian who completes the form; authorizing a minor
  313         to petition any circuit court in the district in which
  314         the minor resides for a waiver of consent required to
  315         obtain an abortion; requiring a specified statement to
  316         be included in the petition; providing for court
  317         appointed counsel and confidentiality; requiring the
  318         court to give precedence to waiver of consent
  319         proceedings and requiring a court to rule within a
  320         specified timeframe; providing for an extension of
  321         time at the request of the minor; authorizing a minor
  322         to petition for a hearing upon the expiration of the
  323         time allowed and requiring the chief judge of the
  324         circuit to ensure that a hearing is held and that an
  325         order is entered within specified timeframes;
  326         providing for appeals within a specified timeframe;
  327         requiring the court to dismiss the petition if it does
  328         not make specified findings; requiring the court to
  329         consider undue influence on the minor’s decision and
  330         specified factors; requiring the court to report any
  331         findings of evidence of child abuse or sexual abuse of
  332         the petitioner; requiring the court to grant a
  333         judicial waiver of consent under certain
  334         circumstances; requiring a court to provide for a
  335         written transcript of waiver of consent proceedings
  336         and to include certain findings and conclusions in its
  337         order; prohibiting filing fees or costs for a minor
  338         who petitions the court for a waiver of consent;
  339         specifying that a county is not required to pay the
  340         salaries, costs, or expenses of certain court
  341         appointed counsel; requesting the Supreme Court to
  342         adopt certain rules and forms relating to waiver of
  343         consent proceedings; providing criminal penalties,
  344         disciplinary action, and civil remedies; providing
  345         construction and severability; providing an effective
  346         date.