Florida Senate - 2013                                    SB 1056
       
       
       
       By Senator Evers
       
       
       
       
       2-01085-13                                            20131056__
    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’s 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 a person or facility is not 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 the full amount of all
  111         federal moneys received by the state as a result of
  112         efforts made by the office to provide legal services
  113         are deposited, directed, and budgeted for use by the
  114         office; repealing ss. 390.011, 390.0111, 390.01114,
  115         390.01116, 390.0112, 390.012, 390.014, 390.015,
  116         390.018, and 390.025, F.S., relating to provisions
  117         regulating the termination of pregnancies and
  118         definitions applying thereto, the Parental Notice of
  119         Abortion Act, public records exemptions for
  120         identifying information regarding minors seeking a
  121         waiver of notice requirements under such act,
  122         reporting requirements for terminated pregnancies, the
  123         licensure and operation of abortion clinics, the
  124         disposal of fetal remains, the imposition of
  125         administrative fines for violations by abortion
  126         clinics, and provisions regulating abortion referral
  127         or counseling agencies and prescribing penalties for
  128         violations by such agencies; repealing ss. 782.30,
  129         782.32, 782.34, and 782.36, F.S., relating to the
  130         Partial-Birth Abortion Act and the short title,
  131         definitions, criminal penalties for the intentional
  132         killing of a living fetus while that fetus is
  133         partially born, and exceptions to such act; amending
  134         s. 27.511, F.S.; conforming language relating to
  135         court-appointed counsel for minors under the Parental
  136         Notice of Abortion Act to the repeal of s. 390.01114,
  137         F.S.; amending ss. 627.64995, 627.6699, 627.66996, and
  138         641.31099, F.S.; providing restrictions on use of
  139         state and federal funds for state exchanges that
  140         provide coverage for induced abortions and
  141         terminations of pregnancies under certain conditions;
  142         amending ss. 743.065 and 765.113, F.S.; conforming
  143         cross-references; providing that if s. 390.01117,
  144         F.S., is declared unconstitutional or has its
  145         enforcement enjoined, the repeal of s. 390.011, F.S.,
  146         and the amendment of s. 39.001, F.S., are void and of
  147         no effect; providing legislative intent; providing
  148         that if s. 390.01113, F.S., is declared
  149         unconstitutional or has its enforcement enjoined,
  150         specified statutory repeals and amendments contained
  151         in this act are void and of no effect; providing
  152         legislative intent; providing an effective date.
  153  
  154  Be It Enacted by the Legislature of the State of Florida:
  155  
  156         Section 1. This act may be cited as the “Florida for Life
  157  Act.”
  158         Section 2. Section 390.0001, Florida Statutes, is created
  159  to read:
  160         390.0001 Legislative findings regarding abortion.—
  161         (1) The Legislature acknowledges that all persons are
  162  endowed by their Creator with certain unalienable rights, and
  163  that first among these is their right to life.
  164         (2) The Legislature finds that all human life comes from
  165  the Creator, has an inherent value that cannot be quantified by
  166  man, and begins at conception.
  167         (3) The Legislature finds that the United States
  168  Constitution expresses no qualification for, or limitation on,
  169  the protection of human life by laws passed by state
  170  legislatures which regard human life as the most fundamental
  171  gift from God and deserving of paramount importance among all
  172  other unalienable rights expressed or implied in the United
  173  States Constitution.
  174         (4) The Legislature finds that personal liberty is not a
  175  license to kill an innocent human life under any provision of
  176  the United States Constitution.
  177         (5) The Legislature finds that once human life begins,
  178  there is a compelling state interest in protecting the natural
  179  course of its development from that moment through birth. Any
  180  act of a person detrimental to an unborn human life, when not
  181  necessary in defense of the life of the mother bearing such
  182  unborn life, which unnaturally terminates that unborn life, is a
  183  deprivation of that unborn child’s unalienable right to life.
  184         (6) The Legislature finds that the establishment of
  185  viability as the point at which the state may restrict
  186  abortions, as well as the “undue burden” standard of Planned
  187  Parenthood of Southern Pennsylvania v. Casey, 505 U.S. 833
  188  (1992) is arbitrary and provides inadequate guidance for this
  189  state to enact meaningful protections for fetal life.
  190         (7) The Legislature finds that the health exception
  191  required of post-viability abortion regulations inadequately
  192  protects the health of women seeking post-viability abortions
  193  and impedes the state’s protection of viable fetal life.
  194         (8) The Legislature finds that the people of Florida seek
  195  to protect unborn human life and prohibit unnecessary abortion
  196  through the exercise of their right to self-government.
  197         (9) The Legislature urges the United States Supreme Court
  198  to overturn Roe v. Wade, 410 U.S. 113 (1973), and Planned
  199  Parenthood of Southern Pennsylvania v. Casey, 505 U.S. 833
  200  (1992).
  201         Section 3. Section 390.01113, Florida Statutes, is created
  202  to read:
  203         390.01113 Abortion unlawful; termination of pregnancies;
  204  circumstances authorized.—
  205         (1) DEFINITIONS.—As used in this section, the term:
  206         (a) “Induced abortion” means a medically initiated
  207  termination of a human pregnancy with the intent to kill a human
  208  embryo or fetus that is not dying of natural causes. For
  209  purposes of this paragraph, the term “medically initiated”
  210  refers to the ingestion or administration of pharmaceutical
  211  abortifacients by any means, surgical procedures, or use of any
  212  device or instrument, as well as any combination thereof.
  213         (b) “Medical emergency” means a condition that, on the
  214  basis of a physician’s good faith clinical judgment, so
  215  complicates the medical condition of a patient as to necessitate
  216  the immediate termination of her pregnancy to avert her death,
  217  or for which a delay in the termination of her pregnancy will
  218  create serious risk of substantial and irreversible impairment
  219  of a major bodily function or unreasonably reduce the likelihood
  220  of successful treatment of a life-threatening disease.
  221         (c) “Patient” means the woman or minor upon whom an
  222  abortion or termination of pregnancy is performed or induced.
  223         (d) “Physician” means a physician licensed under chapter
  224  458 or chapter 459 or a physician practicing medicine or
  225  osteopathic medicine in the employment of the United States.
  226         (e) “Termination of pregnancy” means the termination of a
  227  human pregnancy under circumstances not prohibited by this
  228  section.
  229         (f) “Viability” means that stage of fetal development when,
  230  in the judgment of a physician based on the particular facts of
  231  the case before him or her and in light of the most advanced
  232  medical technology and information available, there is a
  233  reasonable probability of sustained survival of the unborn child
  234  outside his or her mother’s womb with or without artificial
  235  support.
  236         (2) INDUCED ABORTION PROHIBITED.—
  237         (a) Induced abortion for any purpose is unlawful. Any
  238  person who induces, performs, attempts to perform, or assists
  239  another in the performance of an induced abortion on another
  240  person commits a felony of the first degree, punishable as
  241  provided in s. 775.082, s. 775.083, or s. 775.084.
  242         (b) Any person who during the course of performing an
  243  induced abortion on another person inflicts serious bodily
  244  injury on the person commits a felony of the first degree,
  245  punishable by imprisonment for a term of years not exceeding
  246  life as provided in s. 775.082, s. 775.083, or s. 775.084.
  247         (c) Any person who during the course of performing an
  248  induced abortion on another person inflicts serious bodily
  249  injury on the person which results in the death of the person
  250  commits a life felony, punishable as provided in s. 775.082, s.
  251  775.083, or s. 775.084.
  252         (3) OPERATING ABORTION SERVICES PROHIBITED.—A person who
  253  operates any facility, business, or service from any location
  254  within this state for the purpose of providing induced abortion
  255  services commits a felony of the first degree, punishable by
  256  imprisonment for a term of years not exceeding life as provided
  257  in s. 775.082, s. 775.083, or s. 775.084.
  258         (4) TERMINATION OF PREGNANCY.—A termination of pregnancy
  259  may not be performed unless:
  260         (a) Two physicians certify in writing to the fact that, to
  261  a reasonable degree of medical certainty, the termination of
  262  pregnancy is necessary to prevent the death of the patient;
  263         (b) Two physicians certify in writing to the fact that, to
  264  a reasonable degree of medical certainty, the termination of
  265  pregnancy is necessary because to continue the pregnancy would
  266  unreasonably reduce the likelihood of successful treatment of a
  267  life-threatening disease of the patient; or
  268         (c) A physician certifies in writing that a medical
  269  emergency existed and another physician was not available for
  270  consultation before the time necessary to perform the
  271  termination of pregnancy. The physician’s written certification
  272  must clearly describe the medical emergency.
  273         (5) PERFORMANCE BY PHYSICIAN REQUIRED.—A termination of
  274  pregnancy may not, at any time, be performed by a person who is
  275  not a physician.
  276         (6) CONSENTS REQUIRED.—A termination of pregnancy may not
  277  be performed or induced except with the voluntary and informed
  278  written consent of the patient or, in the case of a mentally
  279  incompetent patient, the voluntary and informed written consent
  280  of her court-appointed guardian or, in the case of a minor
  281  patient, notwithstanding s. 743.065, the voluntary informed
  282  consent of the minor’s parent or legal guardian.
  283         (a) Except in the case of a medical emergency, consent to a
  284  termination of pregnancy is voluntary and informed only if the
  285  physician who is to perform the procedure or the referring
  286  physician has personally informed the patient, or the court
  287  appointed guardian if the patient is mentally incompetent or a
  288  parent or guardian if the patient is a minor, of:
  289         1. The nature and risks of undergoing or not undergoing the
  290  proposed procedure that a reasonable patient similarly situated
  291  may consider relevant to making an informed decision of whether
  292  to terminate a pregnancy.
  293         2. The medical risks to the patient and fetus of carrying
  294  the pregnancy to term.
  295         (b) In the event a medical emergency exists and a physician
  296  cannot comply with the requirements for informed consent, a
  297  physician may terminate a pregnancy if he or she has obtained at
  298  least one corroborative medical opinion attesting to the medical
  299  necessity for emergency medical procedures and to the fact that,
  300  to a reasonable degree of medical certainty, the continuation of
  301  the pregnancy would threaten the life of the patient. In the
  302  event that a second physician is not available for a
  303  corroborating opinion, the physician may proceed but must
  304  document reasons for the medical necessity in the patient’s
  305  medical records.
  306         (c) Violation of this subsection by a physician constitutes
  307  grounds for disciplinary action under s. 458.331 or s. 459.015.
  308  Substantial compliance or reasonable belief that complying with
  309  the requirements of informed consent would threaten the life of
  310  the patient may be raised as a defense to any action brought for
  311  a violation of this subsection.
  312         (7) STANDARD OF MEDICAL CARE TO BE USED DURING VIABILITY.—
  313         (a) If a termination of pregnancy is performed while the
  314  patient’s fetus is viable, the person who performs or induces
  315  the termination of pregnancy may not fail to use that degree of
  316  professional skill, care, and diligence to preserve the life and
  317  health of the fetus that such person would be required to
  318  exercise in order to preserve the life and health of a fetus
  319  intended to be born and not aborted. Notwithstanding this
  320  subsection, the patient’s life is an overriding and superior
  321  consideration to the concern for the life of the fetus, and the
  322  patient’s health is an overriding and superior consideration to
  323  the concern for the health of the fetus, when such life or
  324  health concerns are in conflict. For purposes of this
  325  subsection, health considerations refer to medical judgment
  326  exercised in light of factors exclusively regarding the physical
  327  well-being of the patient.
  328         (b) Any physician who, once the matter of the viability or
  329  nonviability of the fetus is determined within a reasonable
  330  degree of medical probability, knowingly and willfully
  331  misrepresents the gestational age or stage of fetal development
  332  of a viable fetus in an entry into any medical record and who
  333  fails to use the standard of care required under paragraph (a)
  334  on any fetus determined to be viable commits a felony of the
  335  first degree, punishable as provided in s. 775.082, s. 775.083,
  336  or s. 775.084.
  337         (8) EXPERIMENTATION ON FETUS PROHIBITED; EXCEPTION.—A
  338  person may not use any live fetus or live, premature infant for
  339  any type of scientific, research, laboratory, or other kind of
  340  experimentation before or after any termination of pregnancy
  341  procedure except as necessary to protect or preserve the life
  342  and health of such fetus or premature infant.
  343         (9) FETAL REMAINS.—Fetal remains shall be disposed of in a
  344  sanitary and appropriate manner and in accordance with standard
  345  health practices, as provided by rule of the Department of
  346  Health. A person who fails to dispose of fetal remains in
  347  accordance with department rules commits a misdemeanor of the
  348  first degree, punishable as provided in s. 775.082 or s.
  349  775.083.
  350         (10) EXCLUSION FROM APPLICATION.—This section does not
  351  apply to the performance of a procedure that terminates a
  352  pregnancy in order to deliver a live child or to remove a dead
  353  or dying fetus whose demise was not the product of a termination
  354  of pregnancy or an induced abortion from the patient’s body.
  355         (11) ADOPTION ALTERNATIVE INFORMATION.—Any physician or
  356  authorized personnel of a medical facility who learns that a
  357  pregnant woman or minor treated at the facility wishes to obtain
  358  an induced abortion, or that a patient has had a termination of
  359  pregnancy where the fetus survived, shall provide the woman or
  360  minor with information concerning the availability of adoption
  361  for her unwanted child. Compliance with this subsection may be
  362  accomplished by providing the woman with the address and
  363  telephone number of the Office of Adoption and Child Protection
  364  within the Executive Office of the Governor and informing her of
  365  the existence of the statewide list of attorneys available to
  366  provide volunteer legal services for adoption maintained by that
  367  office.
  368         (12) PENALTIES FOR CERTAIN VIOLATIONS.—Violation of
  369  subsection (4), subsection (7), or subsection (8) by a physician
  370  constitutes grounds for disciplinary action under s. 458.331 or
  371  s. 459.015.
  372         (13) RULEMAKING AUTHORITY.—
  373         (a) Except for subsection (9), the Agency for Health Care
  374  Administration may adopt rules pursuant to ss. 120.536(1) and
  375  120.54 to implement the provisions of this section. These rules
  376  shall be for the purpose of protecting the health and safety of
  377  women and unborn human life and for the purpose of securing
  378  compliance with the requirements of this section and to
  379  facilitate the enforcement of sanctions for those violations to
  380  which administrative penalties apply.
  381         (b) The Department of Health may adopt rules pursuant to
  382  ss. 120.536(1) and 120.54 to implement the provisions of
  383  subsection (9).
  384         Section 4. Section 390.01117, Florida Statutes, is created
  385  to read:
  386         390.01117 Termination of pregnancies.—
  387         (1) APPLICATION.—This section is superseded by s. 390.01113
  388  and shall become effective only if s. 390.01113 is declared
  389  unconstitutional or has its enforcement enjoined. In the event
  390  this section becomes effective, it shall supersede s. 390.0111.
  391         (2) DEFINITIONS.—As used in this section and elsewhere in
  392  this chapter, the term:
  393         (a) “Abortion” means the termination of human pregnancy
  394  with an intention other than to produce a live birth or to
  395  remove a fetus that died of natural causes.
  396         (b) “Abortion clinic” or “clinic” means any facility or
  397  structure in which abortions are performed. The term does not
  398  include:
  399         1. A hospital; or
  400         2. A physician’s office, if the office is not used
  401  primarily for the performance of abortions.
  402         (c) “Agency” means the Agency for Health Care
  403  Administration.
  404         (d) “Department” means the Department of Health.
  405         (e) “Hospital” means a facility as defined in s.
  406  395.002(12) and licensed under chapter 395 and part II of
  407  chapter 408.
  408         (f) “Patient” means the woman or minor upon whom an
  409  abortion or termination of pregnancy is performed or induced.
  410         (g) “Physician” means a physician licensed under chapter
  411  458 or chapter 459 or a physician practicing medicine or
  412  osteopathic medicine in the employment of the United States.
  413         (h) “Viability” means that stage of fetal development when,
  414  in the judgment of the physician based on the particular facts
  415  of the case before him or her and in light of the most advanced
  416  medical technology and information available, there is a
  417  reasonable probability of sustained survival of the unborn child
  418  outside his or her mother’s womb with or without artificial
  419  support.
  420         (3) TERMINATION AFTER VIABILITY PROHIBITED; EXCEPTION.—A
  421  termination of pregnancy may not be performed on any human being
  422  when it is determined, in accordance with subsection (4), that
  423  the fetus is viable unless:
  424         (a) Two physicians certify in writing to the fact that, to
  425  a reasonable degree of medical certainty, the termination of
  426  pregnancy is necessary to prevent the death of the patient or
  427  avert a significant risk to her physical health;
  428         (b) Two physicians certify in writing to the fact that, to
  429  a reasonable degree of medical certainty, the termination of
  430  pregnancy is necessary because to continue the pregnancy would
  431  unreasonably reduce the likelihood of successful treatment of a
  432  life-threatening disease of the patient; or
  433         (c) The physician certifies in writing to the medical
  434  necessity for legitimate emergency medical procedures for the
  435  termination of pregnancy and another physician is not available
  436  for consultation. The physician’s written certification must
  437  clearly describe the medical emergency.
  438         (4) DETERMINATION OF VIABILITY.—A termination of pregnancy
  439  may not be induced or performed on any patient who is in the
  440  22nd week of pregnancy or later without first obtaining an
  441  ultrasound from a physician to determine the stage of fetal
  442  development. The physician shall estimate as accurately as
  443  possible the stage of fetal development and shall indicate on
  444  the patient’s medical records the gestational age, length and
  445  weight, and lung maturity of the fetus. The physician shall also
  446  indicate on the patient’s medical records whether, within a
  447  reasonable degree of medical probability, the fetus is viable.
  448  Due to the potential of an inherent conflict of interest, the
  449  determination of viability and the performance of the ultrasound
  450  required under this subsection may not be performed by a
  451  physician who provides reproductive health services at an
  452  abortion clinic.
  453         (5) STANDARD OF MEDICAL CARE TO BE USED DURING VIABILITY.—
  454         (a) A termination of pregnancy involving a viable fetus,
  455  when not prohibited in accordance with subsection (3), must be
  456  performed in a hospital or other medical facility capable of
  457  providing all necessary lifesaving or life-sustaining medical
  458  services to the viable fetus.
  459         (b) If a termination of pregnancy is performed while the
  460  patient’s fetus is viable, the person who performs or induces
  461  the termination of pregnancy may not fail to use that degree of
  462  professional skill, care, and diligence to preserve the life and
  463  health of the fetus which such person would be required to
  464  exercise in order to preserve the life and health of any fetus
  465  intended to be born and not aborted. Notwithstanding this
  466  subsection, the patient’s life is an overriding and superior
  467  consideration to the concern for the life of the fetus, and the
  468  patient’s health is an overriding and superior consideration to
  469  the concern for the health of the fetus, when such life or
  470  health concerns are in conflict. For purposes of this
  471  subsection, health considerations refer to medical judgment
  472  exercised in light of factors exclusively regarding the physical
  473  well-being of the patient. Violation of this subsection by a
  474  physician constitutes grounds for disciplinary action under s.
  475  458.331 or s. 459.015.
  476         (c) Any physician who, once the matter of the viability or
  477  nonviability of the fetus is determined within a reasonable
  478  degree of medical probability, knowingly and willfully
  479  misrepresents the gestational age or stage of fetal development
  480  of a viable fetus in an entry into any medical record and who
  481  fails to use the standard of care required under paragraph (b)
  482  on any fetus determined to be viable commits a felony of the
  483  first degree, punishable as provided in s. 775.082, s. 775.083,
  484  or s. 775.084.
  485         (6) PERFORMANCE BY PHYSICIAN REQUIRED.—A termination of
  486  pregnancy may not, at any time, be performed by a person who is
  487  not a physician.
  488         (7) CONSENTS REQUIRED.—A termination of pregnancy may not
  489  be performed or induced except with the voluntary and informed
  490  written consent of the patient or, in the case of a mentally
  491  incompetent patient, the voluntary and informed written consent
  492  of her court-appointed guardian or, in the case of a pregnant
  493  minor, notwithstanding s. 743.065, the voluntary informed
  494  written consent of the minor’s parent or guardian.
  495         (a) Except in the case of a medical emergency, consent to a
  496  termination of pregnancy is voluntary and informed only if:
  497         1. The physician who is to perform the procedure or the
  498  referring physician has personally informed the patient, or the
  499  court-appointed guardian if the patient is mentally incompetent
  500  or a parent or guardian in the case of a minor patient, of:
  501         a. The nature and risks of undergoing or not undergoing the
  502  proposed procedure that a reasonable patient similarly situated
  503  may consider relevant to making an informed decision of whether
  504  to terminate a pregnancy.
  505         b. The probable gestational age of the fetus at the time
  506  the termination of pregnancy is to be performed.
  507         c. The medical risks to the patient and fetus of carrying
  508  the pregnancy to term.
  509         d. All other factors, physical, emotional, psychological,
  510  and familial, relevant to the short-term and long-term well
  511  being of the patient, including emotional and psychological
  512  impact relating to the loss of the life of a child.
  513         2. Printed materials prepared and provided by the
  514  department have been provided to the patient, if she chooses to
  515  view these materials, including:
  516         a. A description of the fetus.
  517         b. A list of agencies that offer alternatives to
  518  terminating the pregnancy.
  519         c. Detailed information on the availability of medical
  520  assistance benefits for prenatal care, childbirth, and neonatal
  521  care.
  522         3. The person required to give consent under this
  523  subsection acknowledges in writing, before the termination of
  524  pregnancy, that the information required to be provided under
  525  this subsection has been provided.
  526         (b) In the event a medical emergency exists and a physician
  527  cannot comply with the requirements for informed consent, a
  528  physician may terminate a pregnancy if he or she has obtained at
  529  least one corroborative medical opinion attesting to the medical
  530  necessity for emergency medical procedures and to the fact that,
  531  to a reasonable degree of medical certainty, the continuation of
  532  the pregnancy would threaten the life of the patient. In the
  533  event that a second physician is not available for a
  534  corroborating opinion, the physician may proceed but must
  535  document reasons for the medical necessity in the patient’s
  536  medical records.
  537         (c) Violation of this subsection by a physician constitutes
  538  grounds for disciplinary action under s. 458.331 or s. 459.015.
  539  Substantial compliance or reasonable belief that complying with
  540  the requirements of informed consent would threaten the life or
  541  health of the patient may be raised as a defense to any action
  542  brought under this subsection.
  543         (8) EXPERIMENTATION ON FETUS PROHIBITED; EXCEPTION.—A
  544  person may not use any live fetus or live, premature infant for
  545  any type of scientific, research, laboratory, or other kind of
  546  experimentation before or after any termination of pregnancy
  547  procedure except as necessary to protect or preserve the life
  548  and health of such fetus or premature infant. Violation of this
  549  subsection by a physician constitutes grounds for disciplinary
  550  action under s. 458.331 or s. 459.015.
  551         (9) FETAL REMAINS.—Fetal remains shall be disposed of in a
  552  sanitary and appropriate manner and in accordance with standard
  553  health practices, as provided by rule of the Department of
  554  Health. A person who fails to dispose of fetal remains in
  555  accordance with department rules commits a misdemeanor of the
  556  first degree, punishable as provided in s. 775.082 or s.
  557  775.083.
  558         (10) REFUSAL TO PARTICIPATE IN TERMINATION PROCEDURE.—This
  559  section does not require any hospital or person to participate
  560  in the termination of a pregnancy, and any hospital or person is
  561  not liable for such refusal. A person who is a member of, or
  562  associated with, the staff of a hospital, or any employee of a
  563  hospital or physician in which or by whom the termination of a
  564  pregnancy is authorized or performed, who states an objection to
  565  such procedure may not be required to participate in the
  566  procedure which will result in the termination of pregnancy. The
  567  refusal of any such person or employee to participate does not
  568  form the basis for any disciplinary or other recriminatory
  569  action against such person.
  570         (11) EXCLUSION FROM APPLICATION.—This section does not
  571  apply to the performance of a procedure that terminates a
  572  pregnancy in order to deliver a live child or to remove a dead
  573  or dying fetus whose demise was not the product of a termination
  574  of pregnancy or an abortion, from the patient’s body.
  575         (12) PENALTIES FOR VIOLATION.—
  576         (a) Any person who willfully induces, performs, or assists
  577  in a termination of pregnancy procedure on another person in
  578  violation of the requirements of subsection (4), paragraph
  579  (5)(a), or subsection (6) commits a felony of the second degree,
  580  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  581         (b) Any person who willfully induces, performs, or assists
  582  in a termination of pregnancy procedure on another person in
  583  violation of subsection (3) commits a felony of the first
  584  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  585  775.084.
  586         (c) Any person who willfully induces, performs, or assists
  587  in a termination of pregnancy procedure on another person in
  588  violation of subsection (3) which results in serious bodily
  589  injury to the person commits a felony of the first degree,
  590  punishable by imprisonment for a term of years not exceeding
  591  life as provided in s. 775.082, s. 775.083, or s. 775.084.
  592         (d) Any person who induces, performs, or assists in a
  593  termination of pregnancy procedure on another person in
  594  violation of the provisions of this section which results in the
  595  death of the person commits a life felony, punishable as
  596  provided in s. 775.082, s. 775.083, or s. 775.084.
  597         (13) ADOPTION ALTERNATIVE INFORMATION.—Any physician or
  598  authorized personnel of a medical facility who learns that a
  599  pregnant woman or minor treated at the facility wishes to obtain
  600  an abortion, or that a patient has had a termination of
  601  pregnancy at the facility under circumstances where the fetus
  602  survived, shall provide the woman or minor with the address and
  603  telephone number of the Office of Adoption and Child Protection
  604  within the Executive Office of the Governor and inform her of
  605  the existence of the statewide list of attorneys available to
  606  provide volunteer legal services for adoption maintained by that
  607  office.
  608         (14) RULEMAKING AUTHORITY.—
  609         (a) Except for subsection (9), the Agency for Health Care
  610  Administration may adopt rules pursuant to ss. 120.536(1) and
  611  120.54 to implement the provisions of this section. These rules
  612  shall be for the purpose of protecting the health and safety of
  613  women and unborn human life. These rules are also for the
  614  purpose of securing compliance with the requirements of this
  615  section and to facilitate the enforcement of sanctions for those
  616  violations to which administrative penalties apply.
  617         (b) The Department of Health may adopt rules pursuant to
  618  ss. 120.536(1) and 120.54 to implement the provisions of
  619  subsection (9).
  620         (c) The rulemaking authority granted in this subsection is
  621  supplemental to the rulemaking authority provided in s. 390.012.
  622         Section 5. Subsection (7) of section 39.001, Florida
  623  Statutes, is amended, and paragraph (d) is added to subsection
  624  (8) of that section, to read:
  625         39.001 Purposes and intent; personnel standards and
  626  screening.—
  627         (7) LEGISLATIVE INTENT FOR THE PREVENTION OF ABUSE,
  628  ABANDONMENT, AND NEGLECT OF CHILDREN; ADOPTION SERVICES FOR
  629  WOMEN WITH UNWANTED PREGNANCIES.—The incidence of known child
  630  abuse, abandonment, and neglect has increased rapidly in recent
  631  over the past 5 years. The impact that abuse, abandonment, or
  632  neglect has on the victimized child, siblings, family structure,
  633  and inevitably on all citizens of the state has caused the
  634  Legislature to determine that the prevention of child abuse,
  635  abandonment, and neglect shall be a priority of this state. In
  636  addition, to provide assistance for women or minors with
  637  unwanted pregnancies who would have selected abortion, if lawful
  638  in this state, rather than adoption as an alternative for their
  639  unborn child, the Legislature has determined to offer such women
  640  or minors volunteer legal services to accomplish an appropriate
  641  adoptive placement for such newborn children. To further these
  642  ends this end, it is the intent of the Legislature that an
  643  Office of Adoption and Child Protection be established.
  644         (8) OFFICE OF ADOPTION AND CHILD PROTECTION.—
  645         (d) In connection with the provision of volunteer legal
  646  services for women or minors with unwanted pregnancies who would
  647  have selected abortion, if lawful in this state, rather than
  648  adoption, the office shall:
  649         1. Create and manage a statewide list of attorneys
  650  providing volunteer adoption services for such women and minors.
  651         2. Have deposited, directed, and budgeted in the full
  652  amount for its use, in addition to funds that would have or are
  653  otherwise budgeted for it, all moneys received by or otherwise
  654  awarded to the state from the Federal Government, the United
  655  States Treasury, or any other federal agency as a result of
  656  efforts made by the office to provide legal services.
  657         Section 6. Sections 390.011, 390.0111, 390.01114,
  658  390.01116, 390.0112, 390.012, 390.014, 390.015, 390.018, and
  659  390.025, Florida Statutes, are repealed.
  660         Section 7. Sections 782.30, 782.32, 782.34, and 782.36,
  661  Florida Statutes, are repealed.
  662         Section 8. Paragraph (a) of subsection (6) of section
  663  27.511, Florida Statutes, is amended to read:
  664         27.511 Offices of criminal conflict and civil regional
  665  counsel; legislative intent; qualifications; appointment;
  666  duties.—
  667         (6)(a) The office of criminal conflict and civil regional
  668  counsel has primary responsibility for representing persons
  669  entitled to court-appointed counsel under the Federal or State
  670  Constitution or as authorized by general law in civil
  671  proceedings, including, but not limited to, proceedings under s.
  672  393.12 and chapters 39, 392, 397, 415, 743, 744, and 984 and
  673  proceedings to terminate parental rights under chapter 63.
  674  Private court-appointed counsel eligible under s. 27.40 have
  675  primary responsibility for representing minors who request
  676  counsel under s. 390.01114, the Parental Notice of Abortion Act;
  677  however, the office of criminal conflict and civil regional
  678  counsel may represent a minor under that section if the court
  679  finds that no private court-appointed attorney is available.
  680         Section 9. Subsection (1) of section 627.64995, Florida
  681  Statutes, is amended to read:
  682         627.64995 Restrictions on use of state and federal funds
  683  for state exchanges.—
  684         (1) A health insurance policy under which coverage is
  685  purchased in whole or in part with any state or federal funds
  686  through an exchange created pursuant to the federal Patient
  687  Protection and Affordable Care Act, Pub. L. No. 111-148, may not
  688  provide coverage for an induced abortion as defined in and
  689  prohibited under s. 390.01113 or for a termination of pregnancy
  690  in violation of s. 390.01113(4) s. 390.011(1), except if the
  691  pregnancy is the result of an act of rape or incest, or in the
  692  case where a woman suffers from a physical disorder, physical
  693  injury, or physical illness, including a life-endangering
  694  physical condition caused by or arising from the pregnancy
  695  itself, which would, as certified by a physician, place the
  696  woman in danger of death unless an abortion is performed.
  697  Coverage is deemed to be purchased with state or federal funds
  698  if any tax credit or cost-sharing credit is applied toward the
  699  health insurance policy.
  700         Section 10. Paragraph (a) of subsection (17) of section
  701  627.6699, Florida Statutes, is amended to read:
  702         627.6699 Employee Health Care Access Act.—
  703         (17) RESTRICTIONS ON COVERAGE.—
  704         (a) A plan under which coverage is purchased in whole or in
  705  part with any state or federal funds through an exchange created
  706  pursuant to the federal Patient Protection and Affordable Care
  707  Act, Pub. L. No. 111-148, may not provide coverage for an
  708  induced abortion, as defined in and prohibited under s.
  709  390.01113 or for a termination of pregnancy in violation of s.
  710  390.01113(4) s. 390.011(1), except if the pregnancy is the
  711  result of an act of rape or incest, or in the case where a woman
  712  suffers from a physical disorder, physical injury, or physical
  713  illness, including a life-endangering physical condition caused
  714  by or arising from the pregnancy itself, which would, as
  715  certified by a physician, place the woman in danger of death
  716  unless an abortion is performed. Coverage is deemed to be
  717  purchased with state or federal funds if any tax credit or cost
  718  sharing credit is applied toward the plan.
  719         Section 11. Subsection (1) of section 627.66996, Florida
  720  Statutes, is amended to read:
  721         627.66996 Restrictions on use of state and federal funds
  722  for state exchanges.—
  723         (1) A group, franchise, or blanket health insurance policy
  724  under which coverage is purchased in whole or in part with any
  725  state or federal funds through an exchange created pursuant to
  726  the federal Patient Protection and Affordable Care Act, Pub. L.
  727  No. 111-148, may not provide coverage for an induced abortion as
  728  defined in and prohibited under s. 390.01113 or for a
  729  termination of pregnancy in violation of s. 390.01113(4) s.
  730  390.011(1), except if the pregnancy is the result of an act of
  731  rape or incest, or in the case where a woman suffers from a
  732  physical disorder, physical injury, or physical illness,
  733  including a life-endangering physical condition caused by or
  734  arising from the pregnancy itself, which would, as certified by
  735  a physician, place the woman in danger of death unless an
  736  abortion is performed. Coverage is deemed to be purchased with
  737  state or federal funds if any tax credit or cost-sharing credit
  738  is applied toward the group, franchise, or blanket health
  739  insurance policy.
  740         Section 12. Subsection (1) of section 641.31099, Florida
  741  Statutes, is amended to read:
  742         641.31099 Restrictions on use of state and federal funds
  743  for state exchanges.—
  744         (1) A health maintenance contract under which coverage is
  745  purchased in whole or in part with any state or federal funds
  746  through an exchange created pursuant to the federal Patient
  747  Protection and Affordable Care Act, Pub. L. No. 111-148, may not
  748  provide coverage for an induced abortion as defined in and
  749  prohibited under s. 390.01113 or for a termination of pregnancy
  750  in violation of s. 390.01113(4) s. 390.011(1), except if the
  751  pregnancy is the result of an act of rape or incest, or in the
  752  case where a woman suffers from a physical disorder, physical
  753  injury, or physical illness, including a life-endangering
  754  physical condition caused by or arising from the pregnancy
  755  itself, which would, as certified by a physician, place the
  756  woman in danger of death unless an abortion is performed.
  757  Coverage is deemed to be purchased with state or federal funds
  758  if any tax credit or cost-sharing credit is applied toward the
  759  health maintenance contract.
  760         Section 13. Subsection (3) of section 743.065, Florida
  761  Statutes, is amended to read:
  762         743.065 Unwed pregnant minor or minor mother; consent to
  763  medical services for minor or minor’s child valid.—
  764         (3) Nothing in this act shall affect the provisions of s.
  765  390.0111.
  766         Section 14. Subsection (2) of section 765.113, Florida
  767  Statutes, is amended to read:
  768         765.113 Restrictions on providing consent.—Unless the
  769  principal expressly delegates such authority to the surrogate in
  770  writing, or a surrogate or proxy has sought and received court
  771  approval pursuant to rule 5.900 of the Florida Probate Rules, a
  772  surrogate or proxy may not provide consent for:
  773         (2) Withholding or withdrawing life-prolonging procedures
  774  from a pregnant patient before prior to viability as defined in
  775  s. 390.01113 390.0111(4).
  776         Section 15. If section 390.01117, Florida Statutes, as
  777  created by this act, is declared unconstitutional or has its
  778  enforcement permanently enjoined, the repeal of section 390.011,
  779  Florida Statutes, and the amendment of section 39.001, Florida
  780  Statutes, by this act, shall be deemed void and of no effect, it
  781  being the legislative intent that these provisions would not
  782  have been enacted had section 390.01113, Florida Statutes, or
  783  section 390.01117, Florida Statutes, not been enacted as well.
  784         Section 16. If section 390.01113, Florida Statutes, as
  785  created by this act, is declared unconstitutional or has its
  786  enforcement permanently enjoined, the statutory repeals and
  787  amendments contained in sections 6 through 14 of this act shall
  788  be deemed void and of no effect, and the text of any amended
  789  provisions shall revert to that in existence on the day before
  790  the effective date of this act, except that any amendments to
  791  such text enacted other than by this act shall be preserved and
  792  continue to operate, it being the legislative intent that these
  793  provisions would not have been enacted had section 390.01113,
  794  Florida Statutes, not been enacted as well.
  795         Section 17. This act shall take effect July 1, 2013.