Florida Senate - 2021                                    SB 1664
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       39-01444-21                                           20211664__
    1                        A bill to be entitled                      
    2         An act relating to disability abortions; amending s.
    3         390.011, F.S.; defining the terms “disability” and
    4         “disability abortion”; amending s. 390.0111, F.S.;
    5         prohibiting a physician from performing or inducing,
    6         or attempting to perform or induce, a disability
    7         abortion; providing immunity from prosecution to a
    8         woman upon whom such abortion is performed; providing
    9         an exception; conforming a provision to changes made
   10         by the act; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Present subsections (6) through (13) of section
   15  390.011, Florida Statutes, are redesignated as subsections (8)
   16  through (15), respectively, and new subsections (6) and (7) are
   17  added to that section, to read:
   18         390.011 Definitions.—As used in this chapter, the term:
   19         (6) “Disability” means any disease, defect, or disorder
   20  that is genetically inherited, including, but not limited to:
   21         (a) A physical disability;
   22         (b) A mental or intellectual disability;
   23         (c) A physical disfigurement;
   24         (d) Down syndrome;
   25         (e) Scoliosis;
   26         (f) Dwarfism;
   27         (g) Albinism;
   28         (h) Amelia; or
   29         (i) A physical or mental disease.
   30  
   31  The term does not include a lethal fetal anomaly.
   32         (7) “Disability abortion” means an abortion in which the
   33  physician performing the termination of pregnancy knows, or
   34  should know, that the pregnant woman is seeking the termination
   35  of pregnancy solely on the basis of a prenatal diagnosis, test,
   36  or screening indicating a disability or the potential for a
   37  disability in the fetus.
   38         Section 2. Present subsections (6) through (15) of section
   39  390.0111, Florida Statutes, are redesignated as subsections (7)
   40  through (16), respectively, a new subsection (6) is added to
   41  that section, and present subsection (10) of that section is
   42  amended, to read:
   43         390.0111 Termination of pregnancies.—
   44         (6) DISABILITY ABORTION PROHIBITED; EXCEPTION.—
   45         (a) A physician may not perform or induce, or attempt to
   46  perform or induce, a disability abortion.
   47         (b) A woman upon whom a disability abortion is performed
   48  may not be prosecuted under this section for a conspiracy to
   49  violate this section.
   50         (c) This subsection does not apply to a disability abortion
   51  that is necessary to save the life of a mother whose life is
   52  endangered by a physical disorder, illness, or injury, provided
   53  that no other medical procedure would suffice for that purpose.
   54         (11)(10) PENALTIES FOR VIOLATION.—Except as provided in
   55  subsections (3), (8), and (13) (7), and (12):
   56         (a) Any person who willfully performs, or actively
   57  participates in, a termination of pregnancy in violation of the
   58  requirements of this section or s. 390.01112 commits a felony of
   59  the third degree, punishable as provided in s. 775.082, s.
   60  775.083, or s. 775.084.
   61         (b) Any person who performs, or actively participates in, a
   62  termination of pregnancy in violation of this section or s.
   63  390.01112 which results in the death of the woman commits a
   64  felony of the second degree, punishable as provided in s.
   65  775.082, s. 775.083, or s. 775.084.
   66         Section 3. This act shall take effect July 1, 2021.