Florida Senate - 2012                                    SB 1374
       
       
       
       By Senator Wise
       
       
       
       
       5-01412B-12                                           20121374__
    1                        A bill to be entitled                      
    2         An act relating to abortion; creating the “Florida for
    3         Life Act”; creating s. 390.0001, F.S.; providing
    4         legislative findings regarding abortion; creating s.
    5         390.01113, F.S.; providing definitions; prohibiting
    6         inducing, performing, attempting to perform, or
    7         assisting in induced abortions; providing criminal
    8         penalties; prohibiting inflicting serious bodily
    9         injury on a person in the course of performing an
   10         abortion; providing criminal penalties; providing
   11         enhanced criminal penalties if the serious bodily
   12         injury results in death; prohibiting operation of any
   13         facility, business, or service within this state for
   14         the purpose of providing induced abortion services;
   15         providing criminal penalties; prohibiting termination
   16         of a pregnancy unless specified conditions are met;
   17         requiring that a termination of pregnancy be performed
   18         only by a physician; requiring voluntary, informed
   19         consent for a termination of pregnancy; providing an
   20         exception for medical emergencies; providing for
   21         documentation of a medical emergency; providing that
   22         violations may subject physicians to discipline under
   23         specified provisions; providing a standard of medical
   24         care to be used during a termination of pregnancy
   25         performed while the patient’s fetus is viable;
   26         providing that the woman’s life is a superior
   27         consideration to the concern for the life of the fetus
   28         and the woman’s health is a superior consideration to
   29         the concern for the health of the fetus when such life
   30         or health concerns are in conflict; prohibiting a
   31         physician’s misrepresentation of the gestational age
   32         or developmental stage of a viable fetus in any
   33         medical record and failing to use the prescribed
   34         standard of care on a viable fetus; providing criminal
   35         penalties; prohibiting fetal experimentation;
   36         providing an exception; requiring that fetal remains
   37         be disposed of according to specified standards;
   38         providing criminal penalties; excluding specified
   39         procedures from application of the section; requiring
   40         physicians and personnel at a medical facility to
   41         provide certain women and minors who have been treated
   42         by the facility with information regarding adoption
   43         and a statewide list of attorneys available to provide
   44         volunteer legal services for adoption; providing that
   45         violation of certain provisions by a physician may be
   46         grounds for discipline; providing rulemaking authority
   47         to the Agency for Health Care Administration and the
   48         Department of Health; creating s. 390.01117, F.S.;
   49         providing that the section takes effect only if s.
   50         390.01113, F.S., is declared unconstitutional or has
   51         its enforcement enjoined; providing definitions;
   52         prohibiting termination of a pregnancy after a fetus
   53         has been determined to be viable; providing
   54         exceptions; requiring a determination of viability for
   55         women in a certain week of pregnancy or later before
   56         termination may be performed; requiring an ultrasound
   57         and recordkeeping; providing that determination of
   58         viability and a required ultrasound may not be
   59         performed by a physician providing reproductive health
   60         services at an abortion clinic; requiring that a
   61         termination of pregnancy involving a viable fetus,
   62         when not prohibited, be performed in a hospital or
   63         other medical facility; providing a standard of care
   64         for a termination of pregnancy performed while a fetus
   65         is viable; providing that the woman’s life is a
   66         superior consideration to the concern for the life of
   67         the fetus and the woman’s health is a superior
   68         consideration to the concern for the health of the
   69         fetus when such life or health concerns are in
   70         conflict; prohibiting a physician’ misrepresentation
   71         of the gestational age or developmental stage of a
   72         viable fetus in any medical record and failing to use
   73         the prescribed standard of care on a viable fetus;
   74         providing criminal penalties; providing that only a
   75         physician may perform a termination of pregnancy;
   76         requiring voluntary and informed consent for a
   77         termination of pregnancy; providing an exception for
   78         medical emergencies; providing for documentation of a
   79         medical emergency; providing that violations may
   80         subject physicians to discipline; prohibiting
   81         experimentation on a fetus; providing an exception;
   82         requiring that fetal remains be disposed of according
   83         to specified standards; providing criminal penalties;
   84         providing that no person or facility is required to
   85         participate in the termination of a pregnancy or be
   86         liable for such refusal; excluding specified
   87         procedures from application of the section;
   88         prohibiting a termination of pregnancy procedure in
   89         violation of specified requirements; providing
   90         criminal penalties; prohibiting inflicting serious
   91         bodily injury on a person in the course of performing
   92         a termination of pregnancy; providing criminal
   93         penalties; providing enhanced criminal penalties if
   94         the serious bodily injury results in death; requiring
   95         physicians and personnel at a medical facility to
   96         provide certain women and minors who have been treated
   97         by the facility with information regarding adoption
   98         and a statewide list of attorneys available to provide
   99         volunteer legal services for adoption; providing
  100         rulemaking authority to the Agency for Health Care
  101         Administration and the Department of Health; providing
  102         that rulemaking authority is supplemental to s.
  103         390.012, F.S.; amending s. 39.001, F.S.; providing
  104         legislative intent concerning adoption services for
  105         women with unwanted pregnancies; requiring the Office
  106         of Adoption and Child Protection to create and manage
  107         a statewide list of attorneys providing volunteer
  108         adoption services for women with unwanted pregnancies
  109         who would have selected abortion, if lawful, rather
  110         than adoption; providing that all federal moneys
  111         received by the state as a result of efforts made by
  112         the office to provide legal services have deposited,
  113         directed and budgeted the full amount for its use;
  114         repealing s. 390.011, F.S., relating to definitions;
  115         repealing s. 390.0111, F.S., relating to termination
  116         of pregnancies; repealing s. 390.01114, F.S., which
  117         creates the Parental Notice of Abortion Act; repealing
  118         s. 390.01116, F.S., relating to public records
  119         exemptions for identifying information regarding
  120         minors seeking a waiver of notice requirements under
  121         the Parental Notice of Abortion Act; repealing s.
  122         390.0112, F.S., relating to termination of pregnancy
  123         reporting; repealing s. 390.012, F.S., relating to
  124         powers of the Agency for Health Care Administration,
  125         rulemaking, and the disposal of fetal remains;
  126         repealing s. 390.014, F.S., relating to licenses and
  127         fees; repealing s. 390.015, F.S., relating to
  128         application for license; repealing s. 390.018, F.S.,
  129         relating to administrative fines; repealing s.
  130         390.025, F.S., relating to abortion referral or
  131         counseling agencies and penalties; repealing s.
  132         782.30, F.S., relating to the short title for the
  133         Partial-Birth Abortion Act; repealing s. 782.32, F.S.,
  134         relating to definitions for the Partial-Birth Abortion
  135         Act; repealing s. 782.34, F.S., relating to partial
  136         birth abortion; repealing s. 782.36, F.S., relating to
  137         exceptions to the Partial-Birth Abortion Act; amending
  138         s. 27.511, F.S.; conforming language relating to
  139         court-appointed counsel for minors under the Parental
  140         Notice of Abortion Act to the repeal of s. 390.01114,
  141         F.S.; amending ss. 627.64995, 627.6699, 627.66996, and
  142         641.31099, F.S.; providing restrictions on use of
  143         state and federal funds for state exchanges that
  144         provide coverage for induced abortions and
  145         terminations of pregnancies under certain conditions;
  146         amending ss. 743.065 and 765.113, F.S.; conforming
  147         cross-references; providing that if s. 390.01117,
  148         F.S., is declared unconstitutional or has its
  149         enforcement enjoined, the repeal of s. 390.011, F.S.,
  150         and the amendment of s. 39.001, F.S., are void and of
  151         no effect; providing legislative intent; providing
  152         that if s. 390.01113, F.S., is declared
  153         unconstitutional or has its enforcement enjoined,
  154         specified statutory repeals and amendments contained
  155         in this act are void and of no effect; providing
  156         legislative intent; providing an effective date.
  157  
  158  Be It Enacted by the Legislature of the State of Florida:
  159  
  160         Section 1. This act may be cited as the “Florida for Life
  161  Act.”
  162         Section 2. Section 390.0001, Florida Statutes, is created
  163  to read:
  164         390.0001 Legislative findings regarding abortion.—
  165         (1) The Legislature acknowledges that all persons are
  166  endowed by their Creator with certain unalienable rights, and
  167  that first among these is their right to life.
  168         (2) The Legislature finds that all human life comes from
  169  the Creator, has an inherent value that cannot be quantified by
  170  man, and begins at conception.
  171         (3) The Legislature finds that the United States
  172  Constitution expresses no qualification for, or limitation on,
  173  the protection of human life by laws passed by state
  174  legislatures which regard human life as the most fundamental
  175  gift from God and deserving of paramount importance among all
  176  other unalienable rights expressed or implied in the United
  177  States Constitution.
  178         (4) The Legislature finds that personal liberty is not a
  179  license to kill an innocent human life under any provision of
  180  the United States Constitution.
  181         (5) The Legislature finds that once human life begins there
  182  is a compelling state interest in protecting the natural course
  183  of its development from that moment through birth. Any act of a
  184  person detrimental to an unborn human life, when not necessary
  185  in defense of the life of the mother bearing such unborn life,
  186  which unnaturally terminates that unborn life, is a deprivation
  187  of that unborn child’s unalienable right to life.
  188         (6) The Legislature finds that the establishment of
  189  viability as the point at which the state may restrict
  190  abortions, as well as the “undue burden” standard of Planned
  191  Parenthood of Southern Pennsylvania v. Casey, 505 U.S. 833
  192  (1992) is arbitrary and provides inadequate guidance for this
  193  state to enact meaningful protections for fetal life.
  194         (7) The Legislature finds that the health exception
  195  required of post-viability abortion regulations inadequately
  196  protects the health of women seeking post-viability abortions
  197  and impedes the state’s protection of viable fetal life.
  198         (8) The Legislature finds that the people of Florida seek
  199  to protect unborn human life and prohibit unnecessary abortion
  200  through the exercise of their right to self-government.
  201         (9) The Legislature urges the United States Supreme Court
  202  to overturn Roe v. Wade, 410 U.S. 113 (1973), and Planned
  203  Parenthood of Southern Pennsylvania v. Casey, 505 U.S. 833
  204  (1992).
  205         Section 3. Section 390.01113, Florida Statutes, is created
  206  to read:
  207         390.01113 Abortion unlawful; termination of pregnancies
  208  circumstances authorized.—
  209         (1) DEFINITIONS.—As used in this section, the term:
  210         (a) “Induced abortion” means a medically initiated
  211  termination of a human pregnancy with the intent to kill a human
  212  embryo or fetus that is not dying of natural causes. For
  213  purposes of this paragraph, the term “medically initiated”
  214  refers to the ingestion or administration of pharmaceutical
  215  abortifacients by any means, surgical procedures, or use of any
  216  device or instrument, as well as any combination thereof.
  217         (b) “Medical emergency” means a condition that, on the
  218  basis of a physician’s good faith clinical judgment, so
  219  complicates the medical condition of a patient as to necessitate
  220  the immediate termination of her pregnancy to avert her death,
  221  or for which a delay in the termination of her pregnancy will
  222  create serious risk of substantial and irreversible impairment
  223  of a major bodily function or unreasonably reduce the likelihood
  224  of successful treatment of a life-threatening disease.
  225         (c) “Patient” means the woman or minor upon whom an
  226  abortion or termination of pregnancy is performed or induced.
  227         (d) “Physician” means a physician licensed under chapter
  228  458 or chapter 459 or a physician practicing medicine or
  229  osteopathic medicine in the employment of the United States.
  230         (e) “Termination of pregnancy” means the termination of a
  231  human pregnancy under circumstances not prohibited by this
  232  section.
  233         (f) “Viability” means that stage of fetal development when,
  234  in the judgment of a physician based on the particular facts of
  235  the case before him or her and in light of the most advanced
  236  medical technology and information available, there is a
  237  reasonable probability of sustained survival of the unborn child
  238  outside his or her mother’s womb with or without artificial
  239  support.
  240         (2) INDUCED ABORTION PROHIBITED.—
  241         (a) Induced abortion for any purpose is unlawful. Any
  242  person who induces, performs, attempts to perform, or assists
  243  another in the performance of an induced abortion on another
  244  person commits a felony of the first degree, punishable as
  245  provided in s. 775.082, s. 775.083, or s. 775.084.
  246         (b) Any person who during the course of performing an
  247  induced abortion on another person inflicts serious bodily
  248  injury on the person commits a felony of the first degree,
  249  punishable by imprisonment for a term of years not exceeding
  250  life as provided in s. 775.082, s. 775.083, or s. 775.084.
  251         (c) Any person who during the course of performing an
  252  induced abortion on another person inflicts serious bodily
  253  injury on the person which results in the death of the person
  254  commits a life felony, punishable as provided in s. 775.082, s.
  255  775.083, or s. 775.084.
  256         (3) OPERATING ABORTION SERVICES PROHIBITED.—A person who
  257  operates any facility, business, or service from any location
  258  within this state for the purpose of providing induced abortion
  259  services commits a felony of the first degree, punishable by
  260  imprisonment for a term of years not exceeding life as provided
  261  in s. 775.082, s. 775.083, or s. 775.084.
  262         (4) TERMINATION OF PREGNANCY.—A termination of pregnancy
  263  may not be performed unless:
  264         (a) Two physicians certify in writing to the fact that, to
  265  a reasonable degree of medical certainty, the termination of
  266  pregnancy is necessary to prevent the death of the patient;
  267         (b) Two physicians certify in writing to the fact that, to
  268  a reasonable degree of medical certainty, the termination of
  269  pregnancy is necessary because to continue the pregnancy would
  270  unreasonably reduce the likelihood of successful treatment of a
  271  life-threatening disease of the patient; or
  272         (c) A physician certifies in writing that a medical
  273  emergency existed and another physician was not available for
  274  consultation prior to the time necessary to perform the
  275  termination of pregnancy. The physician’s written certification
  276  must clearly describe the medical emergency.
  277         (5) PERFORMANCE BY PHYSICIAN REQUIRED.—No termination of
  278  pregnancy may be performed at any time except by a physician.
  279         (6) CONSENTS REQUIRED.—A termination of pregnancy may not
  280  be performed or induced except with the voluntary and informed
  281  written consent of the patient or, in the case of a mentally
  282  incompetent patient, the voluntary and informed written consent
  283  of her court-appointed guardian or, in the case of a minor
  284  patient, notwithstanding s. 743.065, the voluntary informed
  285  consent of the minor’s parent or legal guardian.
  286         (a) Except in the case of a medical emergency, consent to a
  287  termination of pregnancy is voluntary and informed only if the
  288  physician who is to perform the procedure or the referring
  289  physician has personally informed the patient, or the court
  290  appointed guardian if the patient is mentally incompetent or a
  291  parent or guardian if the patient is a minor, of:
  292         1. The nature and risks of undergoing or not undergoing the
  293  proposed procedure that a reasonable patient similarly situated
  294  may consider relevant to making an informed decision of whether
  295  to terminate a pregnancy.
  296         2. The medical risks to the patient and fetus of carrying
  297  the pregnancy to term.
  298         (b) In the event a medical emergency exists and a physician
  299  cannot comply with the requirements for informed consent, a
  300  physician may terminate a pregnancy if he or she has obtained at
  301  least one corroborative medical opinion attesting to the medical
  302  necessity for emergency medical procedures and to the fact that,
  303  to a reasonable degree of medical certainty, the continuation of
  304  the pregnancy would threaten the life of the patient. In the
  305  event no second physician is available for a corroborating
  306  opinion, the physician may proceed but shall document reasons
  307  for the medical necessity in the patient’s medical records.
  308         (c) Violation of this subsection by a physician constitutes
  309  grounds for disciplinary action under s. 458.331 or s. 459.015.
  310  Substantial compliance or reasonable belief that complying with
  311  the requirements of informed consent would threaten the life of
  312  the patient may be raised as a defense to any action brought for
  313  a violation of this subsection.
  314         (7) STANDARD OF MEDICAL CARE TO BE USED DURING VIABILITY.—
  315         (a) If a termination of pregnancy is performed while the
  316  patient’s fetus is viable, no person who performs or induces the
  317  termination of pregnancy shall fail to use that degree of
  318  professional skill, care, and diligence to preserve the life and
  319  health of the fetus that such person would be required to
  320  exercise in order to preserve the life and health of a fetus
  321  intended to be born and not aborted. Notwithstanding the
  322  provisions of this subsection, the patient’s life shall
  323  constitute an overriding and superior consideration to the
  324  concern for the life of the fetus, and the patient’s health
  325  shall constitute an overriding and superior consideration to the
  326  concern for the health of the fetus when such life or health
  327  concerns are in conflict. For purposes of this subsection,
  328  health considerations refer to medical judgment exercised in
  329  light of factors exclusively regarding the physical well-being
  330  of the patient.
  331         (b) Any physician who, once the matter of the viability or
  332  nonviability of the fetus has been determined within a
  333  reasonable degree of medical probability, knowingly and
  334  willfully misrepresents the gestational age or stage of fetal
  335  development of a viable fetus in an entry into any medical
  336  record and who fails to use the standard of care required under
  337  paragraph (a) on any fetus determined to be viable commits a
  338  felony of the first degree, punishable as provided in s.
  339  775.082, s. 775.083, or s. 775.084.
  340         (8) EXPERIMENTATION ON FETUS PROHIBITED; EXCEPTION.—No
  341  person shall use any live fetus or live, premature infant for
  342  any type of scientific, research, laboratory, or other kind of
  343  experimentation prior to or subsequent to any termination of
  344  pregnancy procedure except as necessary to protect or preserve
  345  the life and health of such fetus or premature infant.
  346         (9) FETAL REMAINS.—Fetal remains shall be disposed of in a
  347  sanitary and appropriate manner and in accordance with standard
  348  health practices, as provided by rule of the Department of
  349  Health. A person who fails to dispose of fetal remains in
  350  accordance with department rules commits a misdemeanor of the
  351  first degree, punishable as provided in s. 775.082 or s.
  352  775.083.
  353         (10) EXCLUSION FROM APPLICATION.— The provisions of this
  354  section do not apply to the performance of a procedure that
  355  terminates a pregnancy in order to deliver a live child or to
  356  remove a dead or dying fetus whose demise was not the product of
  357  a termination of pregnancy or an induced abortion from the
  358  patient’s body.
  359         (11) ADOPTION ALTERNATIVE INFORMATION.—Any physician or
  360  authorized personnel of a medical facility who learns that a
  361  pregnant woman or minor treated at the facility wishes to obtain
  362  an induced abortion, or that a patient has had a termination of
  363  pregnancy where the fetus survived, shall provide the woman or
  364  minor with information concerning the availability of adoption
  365  for her unwanted child. Compliance with this subsection may be
  366  accomplished by providing the woman with the address and
  367  telephone number of the Office of Adoption and Child Protection
  368  within the Executive Office of the Governor and inform her of
  369  the existence of the statewide list of attorneys available to
  370  provide volunteer legal services for adoption maintained by that
  371  office.
  372         (12) PENALTIES FOR CERTAIN VIOLATIONS.—Violation of
  373  subsection (4), subsection (7), or subsection (8) by a physician
  374  constitutes grounds for disciplinary action under s. 458.331 or
  375  s. 459.015.
  376         (13) RULEMAKING AUTHORITY.—
  377         (a) Except for subsection (9), the Agency for Health Care
  378  Administration may adopt rules pursuant to ss. 120.536(1) and
  379  120.54 to implement the provisions of this section. These rules
  380  shall be for the purpose of protecting the health and safety of
  381  women and unborn human life and for the purpose of securing
  382  compliance with the requirements of this section and to
  383  facilitate the enforcement of sanctions for those violations to
  384  which administrative penalties apply.
  385         (b) The Department of Health may adopt rules pursuant to
  386  ss. 120.536(1) and 120.54 to implement the provisions of
  387  subsection (9).
  388         Section 4. Section 390.01117, Florida Statutes, is created
  389  to read:
  390         390.01117 Termination of pregnancies.—
  391         (1) APPLICATION.—This section is superseded by s. 390.01113
  392  and shall become effective only in the event that s. 390.01113
  393  is declared unconstitutional or has its enforcement enjoined. In
  394  the event this section becomes effective, it shall supersede s.
  395  390.0111.
  396         (2) DEFINITIONS.—As used in this section and elsewhere in
  397  this chapter, the term:
  398         (a) “Abortion” means the termination of human pregnancy
  399  with an intention other than to produce a live birth or to
  400  remove a fetus that died of natural causes.
  401         (b) “Abortion clinic” or “clinic” means any facility or
  402  structure in which abortions are performed. The term does not
  403  include:
  404         1. A hospital; or
  405         2. A physician’s office, provided that the office is not
  406  used primarily for the performance of abortions.
  407         (c) “Agency” means the Agency for Health Care
  408  Administration.
  409         (d) “Department” means the Department of Health.
  410         (e) “Hospital” means a facility as defined in s.
  411  395.002(12) and licensed under chapter 395 and part II of
  412  chapter 408.
  413         (f) “Patient” means the woman or minor upon whom an
  414  abortion or termination of pregnancy is performed or induced.
  415         (g) “Physician” means a physician licensed under chapter
  416  458 or chapter 459 or a physician practicing medicine or
  417  osteopathic medicine in the employment of the United States.
  418         (h) “Viability” means that stage of fetal development when,
  419  in the judgment of the physician based on the particular facts
  420  of the case before him or her and in light of the most advanced
  421  medical technology and information available, there is a
  422  reasonable probability of sustained survival of the unborn child
  423  outside his or her mother’s womb with or without artificial
  424  support.
  425         (3) TERMINATION AFTER VIABILITY PROHIBITED; EXCEPTION.—No
  426  termination of pregnancy shall be performed on any human being
  427  when it has been determined, in accordance with subsection (4),
  428  that the fetus is viable unless:
  429         (a) Two physicians certify in writing to the fact that, to
  430  a reasonable degree of medical certainty, the termination of
  431  pregnancy is necessary to prevent the death of the patient or
  432  avert a significant risk to her physical health;
  433         (b) Two physicians certify in writing to the fact that, to
  434  a reasonable degree of medical certainty, the termination of
  435  pregnancy is necessary because to continue the pregnancy would
  436  unreasonably reduce the likelihood of successful treatment of a
  437  life-threatening disease of the patient; or
  438         (c) The physician certifies in writing to the medical
  439  necessity for legitimate emergency medical procedures for the
  440  termination of pregnancy and another physician is not available
  441  for consultation. The physician’s written certification must
  442  clearly describe the medical emergency.
  443         (4) DETERMINATION OF VIABILITY.—No termination of pregnancy
  444  may be induced or performed on any patient who is in the 22nd
  445  week of pregnancy or later without first obtaining an ultrasound
  446  from a physician to determine the stage of fetal development.
  447  The physician shall estimate as accurately as possible the stage
  448  of fetal development and shall indicate on the patient’s medical
  449  records the gestational age, length and weight, and lung
  450  maturity of the fetus. The physician shall also indicate on the
  451  patient’s medical records whether, within a reasonable degree of
  452  medical probability, the fetus is viable. Due to the potential
  453  of an inherent conflict of interest, the determination of
  454  viability and the performance of the ultrasound required under
  455  this subsection may not be performed by a physician who provides
  456  reproductive health services at an abortion clinic.
  457         (5) STANDARD OF MEDICAL CARE TO BE USED DURING VIABILITY.—
  458         (a) A termination of pregnancy involving a viable fetus,
  459  when not prohibited in accordance with subsection (3), must be
  460  performed in a hospital or other medical facility capable of
  461  providing all necessary lifesaving or life-sustaining medical
  462  services to the viable fetus.
  463         (b) If a termination of pregnancy is performed while the
  464  patient’s fetus is viable, no person who performs or induces the
  465  termination of pregnancy shall fail to use that degree of
  466  professional skill, care, and diligence to preserve the life and
  467  health of the fetus which such person would be required to
  468  exercise in order to preserve the life and health of any fetus
  469  intended to be born and not aborted. Notwithstanding the
  470  provisions of this subsection, the patient’s life shall
  471  constitute an overriding and superior consideration to the
  472  concern for the life of the fetus, and the patient’s health
  473  shall constitute an overriding and superior consideration to the
  474  concern for the health of the fetus when such life or health
  475  concerns are in conflict. For purposes of this subsection,
  476  health considerations refer to medical judgment exercised in
  477  light of factors exclusively regarding the physical well-being
  478  of the patient. Violation of this subsection by a physician
  479  constitutes grounds for disciplinary action under s. 458.331 or
  480  s. 459.015.
  481         (c) Any physician who, once the matter of the viability or
  482  nonviability of the fetus has been determined within a
  483  reasonable degree of medical probability, knowingly and
  484  willfully misrepresents the gestational age or stage of fetal
  485  development of a viable fetus in an entry into any medical
  486  record and who fails to use the standard of care required under
  487  paragraph (b) on any fetus determined to be viable commits a
  488  felony of the first degree, punishable as provided in s.
  489  775.082, s. 775.083, or s. 775.084.
  490         (6) PERFORMANCE BY PHYSICIAN REQUIRED.—No termination of
  491  pregnancy may be performed at any time except by a physician.
  492         (7) CONSENTS REQUIRED.—A termination of pregnancy may not
  493  be performed or induced except with the voluntary and informed
  494  written consent of the patient or, in the case of a mentally
  495  incompetent patient, the voluntary and informed written consent
  496  of her court-appointed guardian or, in the case of a pregnant
  497  minor, notwithstanding s. 743.065, the voluntary informed
  498  consent of the minor’s parent or guardian.
  499         (a) Except in the case of a medical emergency, consent to a
  500  termination of pregnancy is voluntary and informed only if:
  501         1. The physician who is to perform the procedure or the
  502  referring physician has personally informed the patient, or the
  503  court-appointed guardian if the patient is mentally incompetent
  504  or a parent or guardian in the case of a minor patient, of:
  505         a. The nature and risks of undergoing or not undergoing the
  506  proposed procedure that a reasonable patient similarly situated
  507  may consider relevant to making an informed decision of whether
  508  to terminate a pregnancy.
  509         b. The probable gestational age of the fetus at the time
  510  the termination of pregnancy is to be performed.
  511         c. The medical risks to the patient and fetus of carrying
  512  the pregnancy to term.
  513         d. All other factors, physical, emotional, psychological,
  514  and familial, relevant to the short-term and long-term well
  515  being of the patient, including emotional and psychological
  516  impact relating to the loss of the life of a child.
  517         2. Printed materials prepared and provided by the
  518  department have been provided to the patient, if she chooses to
  519  view these materials, including:
  520         a. A description of the fetus.
  521         b. A list of agencies that offer alternatives to
  522  terminating the pregnancy.
  523         c. Detailed information on the availability of medical
  524  assistance benefits for prenatal care, childbirth, and neonatal
  525  care.
  526         3. The person required to give consent under this
  527  subsection acknowledges in writing, before the termination of
  528  pregnancy, that the information required to be provided under
  529  this subsection has been provided.
  530         (b) In the event a medical emergency exists and a physician
  531  cannot comply with the requirements for informed consent, a
  532  physician may terminate a pregnancy if he or she has obtained at
  533  least one corroborative medical opinion attesting to the medical
  534  necessity for emergency medical procedures and to the fact that,
  535  to a reasonable degree of medical certainty, the continuation of
  536  the pregnancy would threaten the life of the patient. In the
  537  event no second physician is available for a corroborating
  538  opinion, the physician may proceed but shall document reasons
  539  for the medical necessity in the patient’s medical records.
  540         (c) Violation of this subsection by a physician constitutes
  541  grounds for disciplinary action under s. 458.331 or s. 459.015.
  542  Substantial compliance or reasonable belief that complying with
  543  the requirements of informed consent would threaten the life or
  544  health of the patient may be raised as a defense to any action
  545  brought under this subsection.
  546         (8) EXPERIMENTATION ON FETUS PROHIBITED; EXCEPTION.—No
  547  person shall use any live fetus or live, premature infant for
  548  any type of scientific, research, laboratory, or other kind of
  549  experimentation prior to or subsequent to any termination of
  550  pregnancy procedure except as necessary to protect or preserve
  551  the life and health of such fetus or premature infant. Violation
  552  of this subsection by a physician constitutes grounds for
  553  disciplinary action under s. 458.331 or s. 459.015.
  554         (9) FETAL REMAINS.—Fetal remains shall be disposed of in a
  555  sanitary and appropriate manner and in accordance with standard
  556  health practices, as provided by rule of the Department of
  557  Health. A person who fails to dispose of fetal remains in
  558  accordance with department rules commits a misdemeanor of the
  559  first degree, punishable as provided in s. 775.082 or s.
  560  775.083.
  561         (10) REFUSAL TO PARTICIPATE IN TERMINATION PROCEDURE.
  562  Nothing in this section shall require any hospital or any person
  563  to participate in the termination of a pregnancy, nor shall any
  564  hospital or any person be liable for such refusal. No person who
  565  is a member of, or associated with, the staff of a hospital, nor
  566  any employee of a hospital or physician in which or by whom the
  567  termination of a pregnancy has been authorized or performed, who
  568  states an objection to such procedure shall be required to
  569  participate in the procedure which will result in the
  570  termination of pregnancy. The refusal of any such person or
  571  employee to participate shall not form the basis for any
  572  disciplinary or other recriminatory action against such person.
  573         (11) EXCLUSION FROM APPLICATION.—The provisions of this
  574  section do not apply to the performance of a procedure that
  575  terminates a pregnancy in order to deliver a live child or to
  576  remove a dead or dying fetus whose demise was not the product of
  577  a termination of pregnancy or an abortion, from the patient’s
  578  body.
  579         (12) PENALTIES FOR VIOLATION.—
  580         (a) Any person who willfully induces, performs, or assists
  581  in a termination of pregnancy procedure on another person in
  582  violation of the requirements of subsection (4), paragraph
  583  (5)(a), or subsection (6) commits a felony of the second degree,
  584  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  585         (b) Any person who willfully induces, performs, or assists
  586  in a termination of pregnancy procedure on another person in
  587  violation of subsection (3) commits a felony of the first
  588  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  589  775.084.
  590         (c) Any person who willfully induces, performs, or assists
  591  in a termination of pregnancy procedure on another person in
  592  violation of subsection (3) which results in serious bodily
  593  injury to the person commits a felony of the first degree,
  594  punishable by imprisonment for a term of years not exceeding
  595  life as provided in s. 775.082, s. 775.083, or s. 775.084.
  596         (d) Any person who induces, performs, or assists in a
  597  termination of pregnancy procedure on another person in
  598  violation of the provisions of this section which results in the
  599  death of the person commits a life felony, punishable as
  600  provided in s. 775.082, s. 775.083, or s. 775.084.
  601         (13) ADOPTION ALTERNATIVE INFORMATION.—Any physician or
  602  authorized personnel of a medical facility who learns that a
  603  pregnant woman or minor treated at the facility wishes to obtain
  604  an abortion, or that a patient has had a termination of
  605  pregnancy at the facility under circumstances where the fetus
  606  survived, shall provide the woman or minor with the address and
  607  telephone number of the Office of Adoption and Child Protection
  608  within the Executive Office of the Governor and inform her of
  609  the existence of the statewide list of attorneys available to
  610  provide volunteer legal services for adoption maintained by that
  611  office.
  612         (14) RULEMAKING AUTHORITY.—
  613         (a) Except for subsection (9), the Agency for Health Care
  614  Administration may adopt rules pursuant to ss. 120.536(1) and
  615  120.54 to implement the provisions of this section. These rules
  616  shall be for the purpose of protecting the health and safety of
  617  women and unborn human life. These rules are also for the
  618  purpose of securing compliance with the requirements of this
  619  section and to facilitate the enforcement of sanctions for those
  620  violations to which administrative penalties apply.
  621         (b) The Department of Health may adopt rules pursuant to
  622  ss. 120.536(1) and 120.54 to implement the provisions of
  623  subsection (9).
  624         (c) The rulemaking authority granted in this subsection is
  625  supplemental to the rulemaking authority provided in s. 390.012.
  626         Section 5. Subsection (6) of section 39.001, Florida
  627  Statutes, is amended, and paragraph (d) is added to subsection
  628  (7) of that section, to read:
  629         39.001 Purposes and intent; personnel standards and
  630  screening.—
  631         (6) LEGISLATIVE INTENT FOR THE PREVENTION OF ABUSE,
  632  ABANDONMENT, AND NEGLECT OF CHILDREN; ADOPTION SERVICES FOR
  633  WOMEN WITH UNWANTED PREGNANCIES.—The incidence of known child
  634  abuse, abandonment, and neglect has increased rapidly in recent
  635  over the past 5 years. The impact that abuse, abandonment, or
  636  neglect has on the victimized child, siblings, family structure,
  637  and inevitably on all citizens of the state has caused the
  638  Legislature to determine that the prevention of child abuse,
  639  abandonment, and neglect shall be a priority of this state. In
  640  addition, to provide assistance for women or minors with
  641  unwanted pregnancies who would have selected abortion, if lawful
  642  in this state, rather than adoption as an alternative for their
  643  unborn child, the Legislature has determined to offer such women
  644  or minors volunteer legal services to accomplish an appropriate
  645  adoptive placement for such newborn children. To further these
  646  ends this end, it is the intent of the Legislature that an
  647  Office of Adoption and Child Protection be established.
  648         (7) OFFICE OF ADOPTION AND CHILD PROTECTION.—
  649         (d) In connection with the provision of volunteer legal
  650  services for women or minors with unwanted pregnancies who would
  651  have selected abortion, if lawful in this state, rather than
  652  adoption, the office shall:
  653         1. Create and manage a statewide list of attorneys
  654  providing volunteer adoption services for such women and minors.
  655         2. Have deposited, directed, and budgeted in the full
  656  amount for its use, in addition to funds that would have or are
  657  otherwise budgeted for it, all moneys received by or otherwise
  658  awarded to the state from the Federal Government, the United
  659  States Treasury, or any other federal agency as a result of
  660  efforts made by the office to provide legal services.
  661         Section 6. Section 390.011, Florida Statutes, is repealed.
  662         Section 7. Section 390.0111, Florida Statutes, is repealed.
  663         Section 8. Section 390.01114, Florida Statutes, is
  664  repealed.
  665         Section 9. Section 390.01116, Florida Statutes, is
  666  repealed.
  667         Section 10. Section 390.0112, Florida Statutes, is
  668  repealed.
  669         Section 11. Section 390.012, Florida Statutes, is repealed.
  670         Section 12. Section 390.014, Florida Statutes, is repealed.
  671         Section 13. Section 390.015, Florida Statutes, is repealed.
  672         Section 14. Section 390.018, Florida Statutes, is repealed.
  673         Section 15. Section 390.025, Florida Statutes, is repealed.
  674         Section 16. Section 782.30, Florida Statutes, is repealed.
  675         Section 17. Section 782.32, Florida Statutes, is repealed.
  676         Section 18. Section 782.34, Florida Statutes, is repealed.
  677         Section 19. Section 782.36, Florida Statutes, is repealed.
  678         Section 20. Paragraph (a) of subsection (6) of section
  679  27.511, Florida Statutes, is amended to read:
  680         27.511 Offices of criminal conflict and civil regional
  681  counsel; legislative intent; qualifications; appointment;
  682  duties.—
  683         (6)(a) The office of criminal conflict and civil regional
  684  counsel has primary responsibility for representing persons
  685  entitled to court-appointed counsel under the Federal or State
  686  Constitution or as authorized by general law in civil
  687  proceedings, including, but not limited to, proceedings under s.
  688  393.12 and chapters 39, 392, 397, 415, 743, 744, and 984 and
  689  proceedings to terminate parental rights under chapter 63.
  690  Private court-appointed counsel eligible under s. 27.40 have
  691  primary responsibility for representing minors who request
  692  counsel under s. 390.01114, the Parental Notice of Abortion Act;
  693  however, the office of criminal conflict and civil regional
  694  counsel may represent a minor under that section if the court
  695  finds that no private court-appointed attorney is available.
  696         Section 21. Subsection (1) of section 627.64995, Florida
  697  Statutes, is amended to read:
  698         627.64995 Restrictions on use of state and federal funds
  699  for state exchanges.—
  700         (1) A health insurance policy under which coverage is
  701  purchased in whole or in part with any state or federal funds
  702  through an exchange created pursuant to the federal Patient
  703  Protection and Affordable Care Act, Pub. L. No. 111-148, may not
  704  provide coverage for an induced abortion as defined in and
  705  prohibited under s. 390.01113 or for a termination of pregnancy
  706  in violation of s. 390.01113(4) s. 390.011(1), except if the
  707  pregnancy is the result of an act of rape or incest, or in the
  708  case where a woman suffers from a physical disorder, physical
  709  injury, or physical illness, including a life-endangering
  710  physical condition caused by or arising from the pregnancy
  711  itself, which would, as certified by a physician, place the
  712  woman in danger of death unless an abortion is performed.
  713  Coverage is deemed to be purchased with state or federal funds
  714  if any tax credit or cost-sharing credit is applied toward the
  715  health insurance policy.
  716         Section 22. Paragraph (a) of subsection (17) of section
  717  627.6699, Florida Statutes, is amended to read:
  718         627.6699 Employee Health Care Access Act.—
  719         (17) RESTRICTIONS ON COVERAGE.—
  720         (a) A plan under which coverage is purchased in whole or in
  721  part with any state or federal funds through an exchange created
  722  pursuant to the federal Patient Protection and Affordable Care
  723  Act, Pub. L. No. 111-148, may not provide coverage for an
  724  induced abortion, as defined in and prohibited under s.
  725  390.01113 or for a termination of pregnancy in violation of s.
  726  390.01113(4) s. 390.011(1), except if the pregnancy is the
  727  result of an act of rape or incest, or in the case where a woman
  728  suffers from a physical disorder, physical injury, or physical
  729  illness, including a life-endangering physical condition caused
  730  by or arising from the pregnancy itself, which would, as
  731  certified by a physician, place the woman in danger of death
  732  unless an abortion is performed. Coverage is deemed to be
  733  purchased with state or federal funds if any tax credit or cost
  734  sharing credit is applied toward the plan.
  735         Section 23. Subsection (1) of section 627.66996, Florida
  736  Statutes, is amended to read:
  737         627.66996 Restrictions on use of state and federal funds
  738  for state exchanges.—
  739         (1) A group, franchise, or blanket health insurance policy
  740  under which coverage is purchased in whole or in part with any
  741  state or federal funds through an exchange created pursuant to
  742  the federal Patient Protection and Affordable Care Act, Pub. L.
  743  No. 111-148, may not provide coverage for an induced abortion as
  744  defined in and prohibited under s. 390.01113 or for a
  745  termination of pregnancy in violation of s. 390.01113(4) s.
  746  390.011(1), except if the pregnancy is the result of an act of
  747  rape or incest, or in the case where a woman suffers from a
  748  physical disorder, physical injury, or physical illness,
  749  including a life-endangering physical condition caused by or
  750  arising from the pregnancy itself, which would, as certified by
  751  a physician, place the woman in danger of death unless an
  752  abortion is performed. Coverage is deemed to be purchased with
  753  state or federal funds if any tax credit or cost-sharing credit
  754  is applied toward the group, franchise, or blanket health
  755  insurance policy.
  756         Section 24. Subsection (1) of section 641.31099, Florida
  757  Statutes, is amended to read:
  758         641.31099 Restrictions on use of state and federal funds
  759  for state exchanges.—
  760         (1) A health maintenance contract under which coverage is
  761  purchased in whole or in part with any state or federal funds
  762  through an exchange created pursuant to the federal Patient
  763  Protection and Affordable Care Act, Pub. L. No. 111-148, may not
  764  provide coverage for an induced abortion as defined in and
  765  prohibited under s. 390.01113 or for a termination of pregnancy
  766  in violation of s. 390.01113(4) s. 390.011(1), except if the
  767  pregnancy is the result of an act of rape or incest, or in the
  768  case where a woman suffers from a physical disorder, physical
  769  injury, or physical illness, including a life-endangering
  770  physical condition caused by or arising from the pregnancy
  771  itself, which would, as certified by a physician, place the
  772  woman in danger of death unless an abortion is performed.
  773  Coverage is deemed to be purchased with state or federal funds
  774  if any tax credit or cost-sharing credit is applied toward the
  775  health maintenance contract.
  776         Section 25. Subsection (3) of section 743.065, Florida
  777  Statutes, is amended to read:
  778         743.065 Unwed pregnant minor or minor mother; consent to
  779  medical services for minor or minor’s child valid.—
  780         (3) Nothing in this act shall affect the provisions of s.
  781  390.0111.
  782         Section 26. Subsection (2) of section 765.113, Florida
  783  Statutes, is amended to read:
  784         765.113 Restrictions on providing consent.—Unless the
  785  principal expressly delegates such authority to the surrogate in
  786  writing, or a surrogate or proxy has sought and received court
  787  approval pursuant to rule 5.900 of the Florida Probate Rules, a
  788  surrogate or proxy may not provide consent for:
  789         (2) Withholding or withdrawing life-prolonging procedures
  790  from a pregnant patient prior to viability as defined in s.
  791  390.01113 390.0111(4).
  792         Section 27. If s. 390.01117, Florida Statutes, as created
  793  by this act, is declared unconstitutional or has its enforcement
  794  permanently enjoined, the repeal of s. 390.011, Florida
  795  Statutes, and the amendment of s. 39.001, Florida Statutes, by
  796  this act, shall be deemed to be void and of no effect, it being
  797  the legislative intent that these provisions would not have been
  798  enacted had s. 390.01113 or s. 390.01117, Florida Statutes, not
  799  been enacted as well.
  800         Section 28. If s. 390.01113, Florida Statutes, as created
  801  by this act, is declared unconstitutional or has its enforcement
  802  permanently enjoined, the statutory repeals and amendments
  803  contained in sections 6 through 26 of this act shall be deemed
  804  to be void and of no effect, and the text of any amended
  805  provisions shall revert to that in existence on the day before
  806  the effective date of this act, except that any amendments to
  807  such text enacted other than by this act shall be preserved and
  808  continue to operate, it being the legislative intent that these
  809  provisions would not have been enacted had s. 390.01113, Florida
  810  Statutes, not been enacted as well.
  811         Section 29. This act shall take effect July 1, 2012.