Florida Senate - 2016 SB 1718
By Senator Evers
2-01398-16 20161718__
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; amending s.
5 390.011, F.S.; revising and providing definitions;
6 amending s. 390.0111, F.S.; prohibiting inducing an
7 abortion or performing, attempting to perform, or
8 assisting in an induced abortion; providing criminal
9 penalties; providing criminal penalties for inflicting
10 serious bodily injury on a person in the course of
11 performing an abortion; providing criminal penalties;
12 providing enhanced criminal penalties if the serious
13 bodily injury results in death; prohibiting operation
14 of any facility, business, or service for the purpose
15 of providing induced abortion services; providing
16 criminal penalties; prohibiting termination of a
17 pregnancy unless specified conditions are met;
18 requiring voluntary, informed consent for a
19 termination of pregnancy; prohibiting fetal
20 experimentation; providing an exception; providing
21 enhanced criminal penalties for failure to dispose of
22 fetal remains in accordance with certain rules;
23 excluding specified procedures from applicability of
24 section; deleting provisions relating to partial-birth
25 abortion relief; requiring physicians and personnel at
26 a medical facility to provide certain women and minors
27 who have been treated by the facility with information
28 regarding adoption and access to a statewide list of
29 attorneys available to provide volunteer legal
30 services for adoption; authorizing the Agency for
31 Health Care Administration and the Department of
32 Health to adopt rules; amending s. 390.01112, F.S.;
33 providing grounds for disciplinary action against a
34 physician performing a termination of pregnancy during
35 viability under certain circumstances; specifying
36 where a termination of pregnancy during viability may
37 be performed; prohibiting misrepresentation of the
38 gestational age or developmental stage of a viable
39 fetus in any medical record or failure to use the
40 prescribed standard of care on a viable fetus by a
41 physician; providing criminal penalties; amending s.
42 39.001, F.S.; providing legislative intent concerning
43 adoption services for women and minors with unwanted
44 pregnancies; requiring the Office of Adoption and
45 Child Protection to create and manage a statewide list
46 of attorneys providing volunteer adoption services for
47 women and minors with unwanted pregnancies who would
48 have selected abortion, if lawful, rather than
49 adoption; providing that the full amount of all
50 federal moneys received by the state as a result of
51 efforts made by the office to provide legal and other
52 services for adoption are deposited, directed, and
53 budgeted for use by the office; repealing ss.
54 390.01114, 390.01116, 390.0112, 390.012, 390.014,
55 390.015, 390.018, and 390.025, F.S., relating to the
56 Parental Notice of Abortion Act, public records
57 exemptions for identifying information regarding
58 minors seeking a waiver of notice requirements under
59 such act, reporting requirements for terminated
60 pregnancies, the powers of agency, rules, and disposal
61 of fetal remains, licenses and fees, application for
62 licensure, the imposition of administrative fines for
63 violations by abortion clinics, and provisions
64 regulating abortion referral or counseling agencies
65 and prescribing penalties for violations by such
66 agencies; repealing ss. 782.30, 782.32, 782.34, and
67 782.36, F.S., relating to the Partial-Birth Abortion
68 Act and the short title, definitions, criminal
69 penalties for the intentional killing of a living
70 fetus while that fetus is partially born, and
71 exceptions to such act; amending s. 27.511, F.S.;
72 conforming provisions to changes made by the act;
73 amending ss. 627.64995, 627.6699, 627.66996, and
74 641.31099, F.S.; providing restrictions on use of
75 state and federal funds for state exchanges that
76 provide coverage for induced abortions and
77 terminations of pregnancies under certain conditions;
78 amending ss. 743.065, 743.067, and 765.113, F.S.;
79 conforming cross-references; providing an effective
80 date.
81
82 Be It Enacted by the Legislature of the State of Florida:
83
84 Section 1. This act may be cited as the “Florida for Life
85 Act.”
86 Section 2. Section 390.0001, Florida Statutes, is created
87 to read:
88 390.0001 Legislative findings regarding abortion.—
89 (1) The Legislature acknowledges that all persons are
90 endowed by their Creator with certain unalienable rights and
91 that first among these is their right to life.
92 (2) The Legislature finds that all human life comes from
93 the Creator, has an inherent value that cannot be quantified by
94 man, and begins at the earliest biological development of a
95 fertilized human egg.
96 (3) The Legislature finds that the United States
97 Constitution expresses no qualification for, or limitation on,
98 the protection of human life by laws passed by state
99 legislatures which regard human life as the most fundamental
100 gift from God and deserving of paramount importance among all
101 other unalienable rights expressed or implied in the United
102 States Constitution.
103 (4) The Legislature finds that personal liberty is not a
104 license to kill or otherwise destroy any form of human life
105 under any provision of the United States Constitution.
106 (5) The Legislature finds that once human life begins,
107 there is a compelling state interest in protecting its
108 development from that moment through birth. Any act of a person
109 detrimental to unborn human life, when not necessary in defense
110 of the life of the mother bearing such unborn human life, which
111 unnaturally terminates that unborn human life is a deprivation
112 of that unborn human’s unalienable right to life.
113 (6) The Legislature finds that the establishment of
114 viability as the point at which the state may restrict
115 abortions, as well as the “undue burden” standard of Planned
116 Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833
117 (1992), is arbitrary and provides inadequate guidance for this
118 state to enact meaningful protections for unborn human life.
119 (7) The Legislature finds that the health exception
120 required of post-viability abortion regulations inadequately
121 protects the health of women and minors seeking post-viability
122 abortions and impedes the state’s protection of viable unborn
123 human life.
124 (8) The Legislature finds that the people of Florida seek
125 to protect all human life and prohibit unnecessary abortion
126 through the exercise of their right to self-government.
127 (9) The Legislature urges the United States Supreme Court
128 to overturn Roe v. Wade, 410 U.S. 113 (1973), and Planned
129 Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833
130 (1992).
131 Section 3. Section 390.011, Florida Statutes, is amended to
132 read:
133 390.011 Definitions.—As used in this chapter, the term:
134 (1) “Abortion” means the termination of human pregnancy
135 with an intention other than to produce a live birth or to
136 remove a dead fetus that has died of natural causes.
137 (2) “Abortion clinic” or “clinic” means any facility,
138 location, or structure in which abortions are performed. The
139 term does not include:
140 (a) a hospital or medical establishment as defined in
141 subsection (6); or
142 (b) A physician’s office, provided that the office is not
143 used primarily for the performance of abortions.
144 (3) “Agency” means the Agency for Health Care
145 Administration.
146 (4) “Born alive” means the complete expulsion or extraction
147 from the mother of a human infant, at any stage of development,
148 who, after such expulsion or extraction, breathes or has a
149 beating heart, or definite and voluntary movement of muscles,
150 regardless of whether the umbilical cord has been cut and
151 regardless of whether the expulsion or extraction occurs as a
152 result of natural or induced labor, caesarean section, induced
153 abortion, or other method.
154 (5) “Department” means the Department of Health.
155 (6) “Hospital” means a medical establishment facility as
156 defined in s. 395.002(12) and licensed under chapter 395 and
157 part II of chapter 408.
158 (7) “Human life” means a human person and is the biological
159 development of the species Homo sapiens that begins when a human
160 egg is fertilized by a human sperm and continues to develop as a
161 living organism. For the purposes of this chapter, the terms
162 “human life” and “human person” may be used interchangeably.
163 (8) “Induced abortion” means a medically initiated
164 termination of a human pregnancy with the intent to kill a
165 living human organism, zygote, embryo, or fetus. For purposes of
166 this subsection, the term “medically initiated” means the
167 ingestion or administration of pharmaceutical abortifacients by
168 any means, performance of a surgical procedure, or use of any
169 device or instrument and any combination thereof.
170 (9) “Medical emergency” means a condition that, on the
171 basis of a physician’s good faith clinical judgment, so
172 complicates the medical condition of a patient as to necessitate
173 the immediate termination of her pregnancy to avert her death,
174 or for which a delay in the termination of her pregnancy will
175 create serious risk of substantial and irreversible impairment
176 of a major bodily function or unreasonably reduce the likelihood
177 of successful treatment of a life-threatening disease.
178 (10)(7) “Partial-birth abortion” means a termination of
179 pregnancy in which the physician performing the termination of
180 pregnancy partially vaginally delivers a living fetus and then
181 kills before killing the fetus before and completing the
182 delivery.
183 (11) “Patient” means the woman or minor upon whom an
184 abortion or termination of pregnancy is to be performed or
185 induced.
186 (12)(8) “Physician” means a physician licensed under
187 chapter 458 or chapter 459 or a physician practicing medicine or
188 osteopathic medicine in the employment of the United States who
189 is attending to the patient.
190 (13) “Pregnancy” means the process by which a human egg is
191 fertilized by a human sperm and continues to develop.
192 (14)(9) “Reasonable medical judgment” means a medical
193 judgment that would be made by a practicing reasonably prudent
194 physician, knowledgeable about the case and the treatment
195 possibilities with respect to the medical conditions involved.
196 (15)(10) “Standard medical measure” means the medical care
197 that a physician would provide based on the particular facts of
198 the pregnancy, the information available to the physician, and
199 the technology reasonably available in a hospital, as defined in
200 s. 395.002, with an obstetrical department, to preserve the life
201 and health of the fetus, with or without temporary artificial
202 life-sustaining support, if the fetus were born at the same
203 stage of fetal development.
204 (16) “Termination of pregnancy” means the termination of a
205 human pregnancy under circumstances not prohibited by this
206 chapter.
207 (17)(11) “Third trimester” means the weeks of pregnancy
208 after the 24th week of pregnancy.
209 (18)(12) “Viable” or “viability” means the stage of fetal
210 development when, in the judgment of the physician, based on the
211 particular facts of the case before him or her and in light of
212 the most advanced medical technology and information available,
213 there is a reasonable probability of sustained survival of the
214 unborn human person outside his or her mother’s womb with or
215 without artificial support the life of a fetus is sustainable
216 outside the womb through standard medical measures.
217 Section 4. Section 390.0111, Florida Statutes, is amended
218 to read:
219 390.0111 Abortion unlawful; termination of pregnancies;
220 circumstances authorized.—
221 (1) INDUCED ABORTION PROHIBITED; PENALTIES.—
222 (a) Induced abortion for any purpose is unlawful, except as
223 provided in s. 390.01112. Any person who induces an abortion or
224 performs, attempts to perform, or assists another in the
225 performance of an induced abortion on another person commits a
226 felony of the first degree, punishable as provided in s.
227 775.082, s. 775.083, or s. 775.084.
228 (b) Any person who during the course of performing an
229 induced abortion on another person inflicts serious bodily
230 injury on the person commits a felony of the first degree,
231 punishable by imprisonment for a term of years not exceeding
232 life, as provided in s. 775.082, s. 775.083, or s. 775.084.
233 (c) Any person who during the course of performing an
234 induced abortion on another person inflicts serious bodily
235 injury on the person which results in the death of the person
236 commits a life felony, punishable as provided in s. 775.082, s.
237 775.083, or s. 775.084.
238 (2) OPERATING ABORTION CLINICS AND SERVICES PROHIBITED.—A
239 person or persons who operate any facility, business, or service
240 from any location within this state for the purpose of providing
241 induced abortion services commit a felony of the first degree,
242 punishable by imprisonment for a term of years not exceeding
243 life, as provided in s. 775.082, s. 775.083, or s. 775.084.
244 (3)(1) TERMINATION OF PREGNANCY IN THIRD TRIMESTER; WHEN
245 ALLOWED.—A No termination of pregnancy may not shall be
246 performed on any human being in the third trimester of pregnancy
247 unless one of the following conditions is met:
248 (a) Two physicians certify in writing that, to a reasonable
249 degree of medical certainty in reasonable medical judgment, the
250 termination of the pregnancy is necessary to prevent the death
251 of the patient; save the pregnant woman’s life or avert a
252 serious risk of substantial and irreversible physical impairment
253 of a major bodily function of the pregnant woman other than a
254 psychological condition.
255 (b) Two physicians certify The physician certifies in
256 writing that, to a reasonable degree of medical certainty, the
257 termination of pregnancy is necessary because to continue the
258 pregnancy would unreasonably reduce the likelihood of successful
259 treatment of an already life-threatening disease of the patient;
260 or
261 (c) The attending physician certifies in writing that a
262 medical emergency existed as described in paragraph (a) or
263 paragraph (b) and another physician was not available for
264 consultation before the time necessary to perform the
265 termination of pregnancy. The physician’s written certification
266 must clearly describe the details of the medical emergency in
267 the patient’s medical records.
268
269 Violation of this subsection by a physician constitutes grounds
270 for disciplinary action under s. 458.331 or s. 459.015 in
271 reasonable medical judgment, there is a medical necessity for
272 legitimate emergency medical procedures for termination of the
273 pregnancy to save the pregnant woman’s life or avert a serious
274 risk of imminent substantial and irreversible physical
275 impairment of a major bodily function of the pregnant woman
276 other than a psychological condition, and another physician is
277 not available for consultation.
278 (4)(2) PERFORMANCE BY PHYSICIAN REQUIRED.—A No termination
279 of pregnancy may not shall be performed at any time except by a
280 physician as defined in s. 390.011.
281 (5)(3) CONSENTS REQUIRED.—A termination of pregnancy may
282 not be performed or induced except with the voluntary and
283 informed written consent of the patient pregnant woman or, in
284 the case of a mentally mental incompetent patient, the voluntary
285 and informed written consent of her court-appointed guardian or,
286 in the case of a minor patient, notwithstanding s. 743.065, the
287 voluntary informed written consent of her parent or legal
288 guardian.
289 (a) Except in the case of a medical emergency, consent to a
290 termination of pregnancy is voluntary and informed only if:
291 1. The physician who is to perform the procedure, or the
292 referring physician, has, at a minimum, orally, while physically
293 present in the same room, and at least 24 hours before the
294 procedure, informed the patient, or the court-appointed guardian
295 if the patient is mentally incompetent or the parent or legal
296 guardian if the patient is a minor, woman of:
297 a. The nature and risks of undergoing or not undergoing the
298 proposed procedure that a reasonable patient would consider
299 material to making a knowing and willful decision of whether to
300 terminate a pregnancy.
301 b. The probable gestational age of the fetus, verified by
302 an ultrasound, at the time the termination of pregnancy is to be
303 performed.
304 (I) The ultrasound must be performed by the physician who
305 is to perform the abortion or by a person having documented
306 evidence that he or she has completed a course in the operation
307 of ultrasound equipment as prescribed by rule and who is working
308 in conjunction with the physician.
309 (II) The person performing the ultrasound must offer the
310 patient woman the opportunity to view the live ultrasound images
311 and hear an explanation of them. If the patient woman accepts
312 the opportunity to view the images and hear the explanation, a
313 physician or a registered nurse, licensed practical nurse,
314 advanced registered nurse practitioner, or physician assistant
315 working in conjunction with the physician must contemporaneously
316 review and explain the images to the patient woman before the
317 patient woman gives informed consent to having an abortion
318 procedure performed.
319 (III) The patient woman has a right to decline to view and
320 hear the explanation of the live ultrasound images after she is
321 informed of her right and offered an opportunity to view the
322 images and hear the explanation. If the patient woman declines,
323 the patient woman shall complete a form acknowledging that she
324 was offered an opportunity to view and hear the explanation of
325 the images but that she declined that opportunity. The form must
326 also indicate that the patient’s woman’s decision was not based
327 on any undue influence from any person to discourage her from
328 viewing the images or hearing the explanation and that she
329 declined of her own free will.
330 (IV) Unless requested by the patient woman, the person
331 performing the ultrasound may not offer the opportunity to view
332 the images and hear the explanation and the explanation may not
333 be given if, at the time the patient woman schedules or arrives
334 for her appointment to obtain an abortion, a copy of a
335 restraining order, police report, medical record, or other court
336 order or documentation is presented which provides evidence that
337 the patient woman is obtaining the abortion because the patient
338 woman is a victim of rape, incest, domestic violence, or human
339 trafficking or that the patient woman has been diagnosed as
340 having a condition that, on the basis of a physician’s good
341 faith clinical judgment, would create a serious risk of
342 substantial and irreversible impairment of a major bodily
343 function if the patient woman delayed terminating her pregnancy.
344 c. The medical risks to the patient woman and fetus of
345 carrying the pregnancy to term.
346
347 The physician may provide the information required in this
348 subparagraph within 24 hours before the procedure if requested
349 by the patient woman at the time she schedules or arrives for
350 her appointment to obtain an abortion and if she presents to the
351 physician a copy of a restraining order, police report, medical
352 record, or other court order or documentation evidencing that
353 she is obtaining the abortion because she is a victim of rape,
354 incest, domestic violence, or human trafficking.
355 2. Printed materials prepared and provided by the
356 department have been provided to the patient, or the court
357 appointed guardian if the patient is mentally incompetent or the
358 parent or legal guardian if the patient is a minor pregnant
359 woman, if she chooses to view these materials, including:
360 a. An accurate estimate of the stage of biological
361 development, gestational age, length, weight, and viability of
362 the unborn human person A description of the fetus, including a
363 description of the various stages of development.
364 b. A list of entities that offer alternatives to
365 terminating the pregnancy.
366 c. Detailed information on the availability of medical
367 assistance benefits for prenatal care, childbirth, and neonatal
368 care.
369 3. The patient, or the court-appointed guardian if the
370 patient is mentally incompetent or the parent or legal guardian
371 if the patient is a minor, has been given, in writing, the
372 address and telephone number of the Office of Adoption and Child
373 Protection within the Executive Office of the Governor and
374 informed of the existence of a statewide list of attorneys
375 available to provide volunteer legal services for adoption.
376 4.3. The person required to give consent under this
377 subsection woman acknowledges in writing, before the termination
378 of pregnancy, that the information required to be provided under
379 this subsection has been provided.
380
381 Nothing in this paragraph is intended to prohibit a physician
382 from providing any additional information that which the
383 physician deems material to the patient’s woman’s informed
384 decision to terminate her pregnancy.
385 (b) If a medical emergency exists and a physician cannot
386 comply with the requirements for informed consent, the attending
387 a physician may terminate a pregnancy if he or she has obtained
388 at least one physician’s corroborative written medical opinion
389 attesting to the medical necessity for emergency medical
390 procedures and to the fact that to a reasonable degree of
391 medical certainty the continuation of the pregnancy would
392 threaten the physical life of the patient pregnant woman. If a
393 second physician is not available for a corroborating written
394 opinion before the time necessary to perform the termination of
395 pregnancy, the physician may proceed but must shall document all
396 reasons for the medical emergency and must clearly describe the
397 details of the medical emergency necessity in the patient’s
398 medical records as described in paragraph (3)(c).
399 (c) Violation of this subsection by a physician constitutes
400 grounds for disciplinary action under s. 458.331 or s. 459.015.
401 Substantial compliance or reasonable belief that complying with
402 the requirements of informed consent would threaten the life or
403 health of the patient as described in paragraph (3)(a) or would
404 unreasonably reduce the successful treatment of an already life
405 threatening disease of the patient as described in paragraph
406 (3)(b) may be raised as is a defense to any action brought under
407 this subsection paragraph.
408 (4) STANDARD OF MEDICAL CARE TO BE USED IN THIRD
409 TRIMESTER.—If a termination of pregnancy is performed in the
410 third trimester, the physician performing the termination of
411 pregnancy must exercise the same degree of professional skill,
412 care, and diligence to preserve the life and health of the fetus
413 which the physician would be required to exercise in order to
414 preserve the life and health of a fetus intended to be born and
415 not aborted. However, if preserving the life and health of the
416 fetus conflicts with preserving the life and health of the
417 pregnant woman, the physician must consider preserving the
418 woman’s life and health the overriding and superior concern.
419 (5) PARTIAL-BIRTH ABORTION PROHIBITED; EXCEPTION.—
420 (a) No physician shall knowingly perform a partial-birth
421 abortion.
422 (b) A woman upon whom a partial-birth abortion is performed
423 may not be prosecuted under this section for a conspiracy to
424 violate the provisions of this section.
425 (c) This subsection shall not apply to a partial-birth
426 abortion that is necessary to save the life of a mother whose
427 life is endangered by a physical disorder, illness, or injury,
428 provided that no other medical procedure would suffice for that
429 purpose.
430 (6) EXPERIMENTATION ON FETUS PROHIBITED; EXCEPTION.—A No
431 person may not shall use any live fetus or live, premature
432 infant for any type of scientific, research, laboratory, or
433 other kind of experimentation either before prior to or
434 subsequent to any termination of pregnancy procedure except as
435 necessary to protect or preserve the life and health of such
436 fetus or premature infant. Violation of this subsection by a
437 physician constitutes grounds for disciplinary action under s.
438 458.331 or s. 459.015.
439 (7) FETAL REMAINS.—Fetal remains shall be disposed of in a
440 sanitary and appropriate manner and in accordance with standard
441 health practices, as provided by rule of the Department of
442 Health. A person who fails Failure to dispose of fetal remains
443 in accordance with department rules commits a felony of the
444 third degree is a misdemeanor of the second degree, punishable
445 as provided in s. 775.082, or s. 775.083, or s. 775.084.
446 (8) REFUSAL TO PARTICIPATE IN TERMINATION PROCEDURE.
447 Nothing in this section shall require any hospital or any person
448 to participate in the termination of a pregnancy, nor shall any
449 hospital or any person be liable for such refusal. A No person
450 who is a member of, or associated with, the staff of a hospital,
451 or nor any employee of a hospital or physician in which or by
452 whom the termination of a pregnancy has been authorized or
453 performed, who states shall state an objection to such procedure
454 on moral or religious grounds is not shall be required to
455 participate in the procedure which will result in the
456 termination of pregnancy. The refusal of any such person or
457 employee to participate does shall not form the basis for any
458 disciplinary or other recriminatory action against such person.
459 (9) EXCEPTION.—The provisions of This section does shall
460 not apply to the performance of a procedure which terminates a
461 pregnancy in order to deliver a live child or to remove a dead
462 child whose demise was not the result of a termination of
463 pregnancy or an induced abortion from the patient’s body.
464 (10) PENALTIES FOR VIOLATION.—Except as provided in
465 subsections (3), (7), and (12):
466 (a) Any person who willfully performs, or actively
467 participates in, a termination of pregnancy in violation of the
468 requirements of this section or s. 390.01112 commits a felony of
469 the third degree, punishable as provided in s. 775.082, s.
470 775.083, or s. 775.084.
471 (b) Any person who performs, or actively participates in, a
472 termination of pregnancy in violation of this section or s.
473 390.01112 which results in the death of the woman commits a
474 felony of the second degree, punishable as provided in s.
475 775.082, s. 775.083, or s. 775.084.
476 (11) CIVIL ACTION PURSUANT TO PARTIAL-BIRTH ABORTION;
477 RELIEF.—
478 (a) The father, if married to the mother at the time she
479 receives a partial-birth abortion, and, if the mother has not
480 attained the age of 18 years at the time she receives a partial
481 birth abortion, the maternal grandparents of the fetus may, in a
482 civil action, obtain appropriate relief, unless the pregnancy
483 resulted from the plaintiff’s criminal conduct or the plaintiff
484 consented to the abortion.
485 (b) In a civil action under this section, appropriate
486 relief includes:
487 1. Monetary damages for all injuries, psychological and
488 physical, occasioned by the violation of subsection (5).
489 2. Damages equal to three times the cost of the partial
490 birth abortion.
491 (10)(12) INFANTS BORN ALIVE.—
492 (a) An infant born alive during or immediately after an
493 attempted abortion is entitled to the same rights, powers, and
494 privileges as are granted by the laws of this state to any other
495 child born alive in the course of natural birth.
496 (b) If an infant is born alive during or immediately after
497 an attempted abortion, any health care practitioner present at
498 the time shall humanely exercise the same degree of professional
499 skill, care, and diligence to preserve the life and health of
500 the infant as a reasonably diligent and conscientious health
501 care practitioner would render to an infant born alive at the
502 same gestational age in the course of natural birth.
503 (c) An infant born alive during or immediately after an
504 attempted abortion must be immediately transported and admitted
505 to a hospital or other medical establishment as described in s.
506 390.01112(4) pursuant to s. 390.012(3)(c) or rules adopted
507 thereunder.
508 (d) A health care practitioner or any employee of a
509 hospital, a physician’s office, or an abortion clinic who has
510 knowledge of a violation of this subsection must report the
511 violation to the department.
512 (e) A person who violates this subsection commits a
513 misdemeanor of the first degree, punishable as provided in s.
514 775.082 or s. 775.083. This subsection shall not be construed as
515 a specific provision of law relating to a particular subject
516 matter that would preclude prosecution of a more general
517 offense, regardless of the penalty.
518 (f) This subsection does not affirm, deny, expand, or
519 contract any legal status or legal right applicable to any
520 member of the species Homo sapiens at any point before prior to
521 being born alive as defined in s. 390.011.
522 (11)(13) FAILURE TO COMPLY.—Failure to comply with the
523 requirements of this section or s. 390.01112 constitutes grounds
524 for disciplinary action under each respective practice act and
525 under s. 456.072.
526 (12) ADOPTION ALTERNATIVE INFORMATION.—Any physician or
527 authorized personnel of a medical facility who learns that a
528 patient wishes to obtain an induced abortion, or that a patient
529 has had a termination of pregnancy where the fetus survived,
530 shall provide the patient with information concerning the
531 availability of adoption for her unwanted child. Compliance with
532 this subsection may be accomplished by providing the patient or,
533 in the case of a mentally incompetent patient, her court
534 appointed guardian or, in the case of a minor patient, her
535 parent or legal guardian with the address and telephone number
536 of the Office of Adoption and Child Protection within the
537 Executive Office of the Governor and inform the patient or, in
538 the case of a mentally incompetent patient, her court-appointed
539 guardian or, in the case of a minor patient, her parent or legal
540 guardian of the existence of the statewide list of attorneys
541 available to provide volunteer legal services for adoption.
542 (13)(14) RULEMAKING AUTHORITY RULES.—
543 (a) Except for subsection (7), the agency may adopt rules
544 pursuant to ss. 120.536(1) and 120.54 to administer this
545 section. These rules must be for the purpose of protecting the
546 health and safety of pregnant women and minors and unborn human
547 persons. These rules are also for the purpose of securing
548 compliance with the requirements of this section and to
549 facilitate the enforcement of sanctions for those violations to
550 which administrative penalties apply.
551 (b) The department may adopt rules pursuant to ss.
552 120.536(1) and 120.54 to administer subsection (7) The
553 applicable boards, or the department if there is no board, shall
554 adopt rules necessary to implement the provisions of this
555 section.
556 Section 5. Section 390.01112, Florida Statutes, is amended
557 to read:
558 390.01112 Termination of pregnancies during viability.—
559 (1) A No termination of pregnancy may not shall be
560 performed on any human being if the physician determines that,
561 in reasonable medical judgment, the fetus has achieved
562 viability, unless:
563 (a) Two physicians certify in writing that, in their
564 reasonable medical judgments judgment, the termination of the
565 pregnancy is necessary to save the pregnant woman’s life or
566 avert a serious risk of substantial and irreversible physical
567 impairment of a major bodily function of the pregnant woman
568 other than a psychological condition; or
569 (b) The physician certifies in writing that, in his or her
570 reasonable medical judgment, there is a medical necessity for
571 legitimate emergency medical procedures for termination of the
572 pregnancy to save the pregnant woman’s life or avert a serious
573 risk of imminent substantial and irreversible physical
574 impairment of a major bodily function of the pregnant woman
575 other than a psychological condition, and another physician is
576 not available for consultation.
577 (2) Before performing a termination of pregnancy, a
578 physician must determine if the fetus is viable by, at a
579 minimum, performing a medical examination of the pregnant woman
580 and, to the maximum extent possible through reasonably available
581 tests and the ultrasound required under s. 390.0111(5)
582 390.0111(3), an examination of the fetus. The physician must
583 document in the pregnant woman’s medical file the physician’s
584 determination and the method, equipment, fetal measurements, and
585 any other information used to determine the viability of the
586 fetus.
587 (3) If a termination of pregnancy is performed while the
588 patient’s fetus is viable during viability, the physician
589 performing the termination of pregnancy must exercise the same
590 degree of professional skill, care, and diligence to preserve
591 the life and health of the fetus that the physician would be
592 required to exercise in order to preserve the life and health of
593 a fetus intended to be born and not aborted. However, if
594 preserving the life and health of the fetus conflicts with
595 preserving the life and health of the woman, the physician must
596 consider preserving the woman’s life and health the overriding
597 and superior concern. Violation of this subsection by a
598 physician constitutes grounds for disciplinary action under s.
599 458.331 or s. 459.015.
600 (4) A termination of pregnancy involving a viable fetus,
601 when not prohibited under s. 390.0111(3), must be performed in a
602 hospital or other medical establishment as defined in s.
603 390.011(6) which is capable of providing all necessary
604 lifesaving and life-sustaining medical services to the viable
605 fetus.
606 (5) A physician who, once the matter of the viability or
607 nonviability of the fetus is determined within a reasonable
608 degree of medical probability, knowingly and willfully
609 misrepresents the gestational age or stage of fetal development
610 of a viable fetus in an entry into any medical record and who
611 fails to use the standard of care required under subsection (3)
612 on any fetus determined to be viable commits a felony of the
613 first degree, punishable as provided in s. 775.082, s. 775.083,
614 or s. 775.084.
615 Section 6. Subsection (8) of section 39.001, Florida
616 Statutes, is amended, and paragraph (d) is added to subsection
617 (9) of that section, to read:
618 39.001 Purposes and intent; personnel standards and
619 screening.—
620 (8) LEGISLATIVE INTENT FOR THE PREVENTION OF ABUSE,
621 ABANDONMENT, AND NEGLECT OF CHILDREN; ADOPTION SERVICES FOR
622 WOMEN AND MINORS WITH UNWANTED PREGNANCIES.—The incidence of
623 known child abuse, abandonment, and neglect has increased
624 rapidly in recent over the past 5 years. The impact that abuse,
625 abandonment, or neglect has on the victimized child, siblings,
626 family structure, and inevitably on all citizens of the state
627 has caused the Legislature to determine that the prevention of
628 child abuse, abandonment, and neglect shall be a priority of
629 this state. In addition, to provide assistance for women and
630 minors with unwanted pregnancies who would have selected
631 abortion, if lawful in this state, rather than adoption as an
632 alternative for their unborn children, the Legislature has
633 determined to offer such women and minors information regarding
634 volunteer legal services to accomplish an appropriate adoptive
635 placement for their newborn children. To further this end, It is
636 the intent of the Legislature that the an Office of Adoption and
637 Child Protection be established and maintained to accomplish
638 these purposes established.
639 (9) OFFICE OF ADOPTION AND CHILD PROTECTION.—
640 (d) In connection with the provision of volunteer legal
641 services for women and minors with unwanted pregnancies who
642 would have selected abortion, if lawful in this state, rather
643 than adoption, the office shall:
644 1. Create and manage a statewide list of attorneys who
645 provide volunteer adoption services for such women and minors.
646 2. Have deposited, directed, and budgeted in the full
647 amount for use by the office, in addition to funds that would
648 have been or are otherwise budgeted for the office, all moneys
649 received by or otherwise awarded to the state from the Federal
650 Government, the United States Treasury, or any other federal
651 agency as a result of efforts made by the office to provide
652 legal or other services for adoption.
653 Section 7. Section 390.01114, Florida Statutes, is
654 repealed.
655 Section 8. Section 390.01116, Florida Statutes, is
656 repealed.
657 Section 9. Section 390.0112, Florida Statutes, is repealed.
658 Section 10. Section 390.012, Florida Statutes, is repealed.
659 Section 11. Section 390.014, Florida Statutes, is repealed.
660 Section 12. Section 390.015, Florida Statutes, is repealed.
661 Section 13. Section 390.018, Florida Statutes, is repealed.
662 Section 14. Section 390.025, Florida Statutes, is repealed.
663 Section 15. Section 782.30, Florida Statutes, is repealed.
664 Section 16. Section 782.32, Florida Statutes, is repealed.
665 Section 17. Section 782.34, Florida Statutes, is repealed.
666 Section 18. Section 782.36, Florida Statutes, is repealed.
667 Section 19. Paragraph (a) of subsection (6) of section
668 27.511, Florida Statutes, is amended to read:
669 27.511 Offices of criminal conflict and civil regional
670 counsel; legislative intent; qualifications; appointment;
671 duties.—
672 (6)(a) The office of criminal conflict and civil regional
673 counsel has primary responsibility for representing persons
674 entitled to court-appointed counsel under the Federal or State
675 Constitution or as authorized by general law in civil
676 proceedings, including, but not limited to, proceedings under s.
677 393.12 and chapters 39, 392, 397, 415, 743, 744, and 984 and
678 proceedings to terminate parental rights under chapter 63.
679 Private court-appointed counsel eligible under s. 27.40 have
680 primary responsibility for representing minors who request
681 counsel under s. 390.01114, the Parental Notice of Abortion Act;
682 however, the office of criminal conflict and civil regional
683 counsel may represent a minor under that section if the court
684 finds that no private court-appointed attorney is available.
685 Section 20. Subsection (1) of section 627.64995, Florida
686 Statutes, is amended to read:
687 627.64995 Restrictions on use of state and federal funds
688 for state exchanges.—
689 (1) A health insurance policy under which coverage is
690 purchased in whole or in part with any state or federal funds
691 through an exchange created pursuant to the federal Patient
692 Protection and Affordable Care Act, Pub. L. No. 111-148, may not
693 provide coverage for an induced abortion, as defined in s.
694 390.011 and prohibited under s. 390.0111, or for a termination
695 of pregnancy in violation of s. 390.0111(3) 390.011(1), except
696 if the pregnancy is the result of an act of rape or incest, or
697 in the case where a woman suffers from a physical disorder,
698 physical injury, or physical illness, including a life
699 endangering physical condition caused by or arising from the
700 pregnancy itself, which would, as certified by a physician,
701 place the woman in danger of death unless an abortion is
702 performed. Coverage is deemed to be purchased with state or
703 federal funds if any tax credit or cost-sharing credit is
704 applied toward the health insurance policy.
705 Section 21. Paragraph (a) of subsection (16) of section
706 627.6699, Florida Statutes, is amended to read:
707 627.6699 Employee Health Care Access Act.—
708 (16) RESTRICTIONS ON COVERAGE.—
709 (a) A plan under which coverage is purchased in whole or in
710 part with any state or federal funds through an exchange created
711 pursuant to the federal Patient Protection and Affordable Care
712 Act, Pub. L. No. 111-148, may not provide coverage for an
713 induced abortion, as defined in s. 390.011 and prohibited under
714 s. 390.0111, or for a termination of pregnancy in violation of
715 s. 390.0111(3) 390.011(1), except if the pregnancy is the result
716 of an act of rape or incest, or in the case where a woman
717 suffers from a physical disorder, physical injury, or physical
718 illness, including a life-endangering physical condition caused
719 by or arising from the pregnancy itself, which would, as
720 certified by a physician, place the woman in danger of death
721 unless an abortion is performed. Coverage is deemed to be
722 purchased with state or federal funds if any tax credit or cost
723 sharing credit is applied toward the plan.
724 Section 22. Subsection (1) of section 627.66996, Florida
725 Statutes, is amended to read:
726 627.66996 Restrictions on use of state and federal funds
727 for state exchanges.—
728 (1) A group, franchise, or blanket health insurance policy
729 under which coverage is purchased in whole or in part with any
730 state or federal funds through an exchange created pursuant to
731 the federal Patient Protection and Affordable Care Act, Pub. L.
732 No. 111-148, may not provide coverage for an induced abortion,
733 as defined in s. 390.011 and prohibited under s. 390.0111, or
734 for a termination of pregnancy in violation of s. 390.0111(3)
735 390.011(1), except if the pregnancy is the result of an act of
736 rape or incest, or in the case where a woman suffers from a
737 physical disorder, physical injury, or physical illness,
738 including a life-endangering physical condition caused by or
739 arising from the pregnancy itself, which would, as certified by
740 a physician, place the woman in danger of death unless an
741 abortion is performed. Coverage is deemed to be purchased with
742 state or federal funds if any tax credit or cost-sharing credit
743 is applied toward the group, franchise, or blanket health
744 insurance policy.
745 Section 23. Subsection (1) of section 641.31099, Florida
746 Statutes, is amended to read:
747 641.31099 Restrictions on use of state and federal funds
748 for state exchanges.—
749 (1) A health maintenance contract under which coverage is
750 purchased in whole or in part with any state or federal funds
751 through an exchange created pursuant to the federal Patient
752 Protection and Affordable Care Act, Pub. L. No. 111-148, may not
753 provide coverage for an induced abortion, as defined in s.
754 390.011 and prohibited under s. 390.0111, or for a termination
755 of pregnancy in violation of s. 390.0111(3) 390.011(1), except
756 if the pregnancy is the result of an act of rape or incest, or
757 in the case where a woman suffers from a physical disorder,
758 physical injury, or physical illness, including a life
759 endangering physical condition caused by or arising from the
760 pregnancy itself, which would, as certified by a physician,
761 place the woman in danger of death unless an abortion is
762 performed. Coverage is deemed to be purchased with state or
763 federal funds if any tax credit or cost-sharing credit is
764 applied toward the health maintenance contract.
765 Section 24. Subsection (3) of section 743.065, Florida
766 Statutes, is amended to read:
767 743.065 Unwed pregnant minor or minor mother; consent to
768 medical services for minor or minor’s child valid.—
769 (3) Nothing in this act shall affect the provisions of s.
770 390.0111 or s. 390.01112.
771 Section 25. Subsection (4) of section 743.067, Florida
772 Statutes, is amended to read:
773 743.067 Unaccompanied homeless youths.—
774 (4) This section does not affect the requirements of s.
775 390.01114.
776 Section 26. Subsection (2) of section 765.113, Florida
777 Statutes, is amended to read:
778 765.113 Restrictions on providing consent.—Unless the
779 principal expressly delegates such authority to the surrogate in
780 writing, or a surrogate or proxy has sought and received court
781 approval pursuant to rule 5.900 of the Florida Probate Rules, a
782 surrogate or proxy may not provide consent for:
783 (2) Withholding or withdrawing life-prolonging procedures
784 from a pregnant patient before prior to viability as defined in
785 s. 390.011(18) 390.0111(4).
786 Section 27. This act shall take effect July 1, 2016.