Senate Bill sb1164

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    Florida Senate - 2002                                  SB 1164

    By Senator Villalobos





    37-1151-02                                              See HB

  1                      A bill to be entitled

  2         An act relating to human cloning; creating s.

  3         877.27, F.S., the "Human Cloning Prohibition

  4         and Responsibility Act of 2002"; providing

  5         definitions; providing that it is unlawful to

  6         perform or attempt to perform human cloning, to

  7         participate or assist in an attempt to perform

  8         human cloning, or to ship or receive for any

  9         purpose an embryo produced by human cloning or

10         any product derived from such embryo; providing

11         a penalty; providing civil penalties; providing

12         construction with respect to scientific

13         research; providing for enforcement of the act;

14         providing civil remedies; providing limitations

15         on commencement of actions; amending ss. 95.11

16         and 775.15, F.S.; providing periods of

17         limitations on actions and prosecutions for

18         violations of the act; providing an effective

19         date.

20

21  Be It Enacted by the Legislature of the State of Florida:

22

23         Section 1.  Section 877.27, Florida Statutes, is

24  created to read:

25         877.27  Human Cloning Prohibition and Responsibility

26  Act.--

27         (1)  SHORT TITLE.--This section may be cited as the

28  "Human Cloning Prohibition and Responsibility Act of 2002."

29         (2)  DEFINITIONS.--As used in this section, the term:

30         (a)  "Human cloning" means human asexual reproduction,

31  accomplished by introducing nuclear material from one or more

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    Florida Senate - 2002                                  SB 1164
    37-1151-02                                              See HB




  1  human somatic cells into a fertilized or unfertilized oocyte

  2  whose nuclear material has been removed or inactivated so as

  3  to produce a living organism, at any state of development,

  4  that is genetically virtually identical to an existing or

  5  previously existing human organism.

  6         (b)  "Asexual reproduction" means reproduction not

  7  initiated by the union of oocyte and sperm.

  8         (c)  "Somatic cell" means a diploid cell having a

  9  complete set of chromosomes obtained or derived from a living

10  or deceased human body at any stage of development.

11         (d)  "Oocyte" means an immature egg cell of the human

12  ovary.

13         (3)  HUMAN CLONING PROHIBITED.--It is unlawful for any

14  person to knowingly:

15         (a)  Perform or attempt to perform human cloning.

16         (b)  Participate or assist in an attempt to perform

17  human cloning.

18         (c)  Ship or receive for any purpose an embryo produced

19  by human cloning or any product derived from such embryo.

20         (4)  PENALTIES.--

21         (a)  Any person who violates any provision of

22  subsection (3) commits a felony of the second degree,

23  punishable as provided in s. 775.082, s. 775.083, or s.

24  775.084, and shall be sentenced to a minimum term of

25  imprisonment of 10 years.

26         (b)  Any person who violates any provision of

27  subsection (3) and derives pecuniary gain from such violation

28  shall be subject to a civil penalty of not less than $1

29  million and not more than an amount equal to the amount of the

30  gross pecuniary gain derived from the violation multiplied by

31  2, if that amount is greater than $1 million.

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    Florida Senate - 2002                                  SB 1164
    37-1151-02                                              See HB




  1         (5)  CONSTRUCTION.--Nothing in this section shall be

  2  construed to restrict areas of scientific research not

  3  specifically prohibited by this section, including research in

  4  the use of nuclear transfer or other cloning techniques to

  5  produce molecules, DNA, cells other than human embryos,

  6  tissues, organs, plants, or animals.

  7         (6)  CIVIL REMEDIES; ENFORCEMENT.--With respect to any

  8  individual residing in the state who was produced, at any time

  9  and in any jurisdiction, by human cloning which would have

10  been prohibited under this section if performed in this state

11  after the effective date of this section:

12         (a)  Any person participating in the production by

13  human cloning of such individual shall be jointly and

14  severally liable to the individual, the individual's spouse,

15  dependents, and blood relatives, and to any woman impregnated

16  with the individual, her spouse, and dependents, for damages

17  for all physical, emotional, economic, or other injuries

18  suffered by such persons at any time as a result of the use of

19  human cloning to produce the individual. This section shall

20  not give rise to a cause of action for wrongful life, but

21  shall not exclude any injuries or damages associated with the

22  continuation of life by the individual who is a product of

23  human cloning.

24         (b)  Any person participating in the production by

25  human cloning of an individual shall be jointly and severally

26  liable to the individual and the individual's legal guardian

27  for support and the costs of guardianship during the

28  individual's minority, as well as for the costs of any

29  guardian ad litem to represent the interests of the individual

30  in the courts of this state in any matter related to the

31  production or legal status of the individual. The liability

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    Florida Senate - 2002                                  SB 1164
    37-1151-02                                              See HB




  1  created by this paragraph shall not cease at the age of

  2  majority if the individual suffers thereafter from any

  3  congenital defect or other disability related to the

  4  production of the individual by human cloning.

  5         (c)  All liabilities created under this section shall

  6  survive the death of an individual produced by human cloning.

  7  All persons and entities participating in the production by

  8  human cloning of an individual shall be jointly and severally

  9  liable to the estate of the individual for damages for

10  injuries resulting from the death of the individual if the

11  cause of death is related to the production of the individual

12  by human cloning or any congenital defect in the individual.

13  If the individual dies intestate leaving no descendants or

14  other dependents, the cause of action created by this

15  paragraph shall accrue to the State of Florida. In every such

16  action for the death of the individual, exemplary damages in

17  an amount of at least $100,000 shall be awarded.

18         (d)  The rights of recovery created by this section

19  shall be cumulative to all other legal rights. No liability

20  created by this section shall be reduced by the payment of any

21  other liability or by the recovery of damages from any other

22  source or under any other legal theory.

23         (e)  The liabilities created by this section shall be

24  strictly enforced without regard to negligence or fault. The

25  status of a person as plaintiff or injured party upon any

26  cause of action or legal theory shall not negate the status of

27  such person as defendant or reduce their liability to other

28  claimants under any cause of action created by this section.

29  The liabilities created by this section may not be waived by

30  any individual, nor compromised except as may be implemented

31  through an enforceable judgment of a court of this state. No

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    Florida Senate - 2002                                  SB 1164
    37-1151-02                                              See HB




  1  affirmative defenses other than lack of jurisdiction, res

  2  judicata, satisfaction of the liability, or expiration of the

  3  statute of limitations period provided in paragraph (i) shall

  4  be allowed in any action brought pursuant to this section.

  5         (f)  The domicile in the State of Florida of any

  6  injured person having a cause of action under this section, or

  7  the incurring within this state of any damages recoverable

  8  under this section, shall be sufficient to establish the

  9  jurisdiction of the law of this state and its courts for all

10  related claims arising under this section.

11         (g)  Any state agency providing services to any person

12  entitled to recovery under this section, and any private

13  insurance company legally obligated to pay medical costs or

14  other compensation related to conditions associated with

15  injuries for which recovery is authorized under this act,

16  shall be subrogated to the rights to recover under this

17  section of any person receiving such services or benefiting

18  from such insurance. Such subrogation shall not exceed the

19  full cost of such services or insurance payments.

20         (h)  The Attorney General is hereby empowered to bring

21  civil actions in this or any appropriate jurisdiction to

22  enforce the rights and obligations created under this section

23  on behalf of the state or any resident of the state.

24         (i)  An action under this section must be commenced

25  before the expiration of 5 years after the death of the

26  individual produced by human cloning, provided that an action

27  for support and other damages under paragraph (b) must be

28  commenced within 5 years after the end of the period for which

29  liability is imposed under paragraph (b).

30         Section 2.  Subsection (9) is added to section 95.11,

31  Florida Statutes, to read:

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    Florida Senate - 2002                                  SB 1164
    37-1151-02                                              See HB




  1         95.11  Limitations other than for the recovery of real

  2  property.--Actions other than for recovery of real property

  3  shall be commenced as follows:

  4         (9)  FOR ACTIONS RELATED TO HUMAN CLONING.--An action

  5  founded upon a violation of s. 877.27(3) must be commenced as

  6  provided in s. 877.27(6).

  7         Section 3.  Paragraph (i) is added to subsection (2) of

  8  section 775.15, Florida Statutes, to read:

  9         775.15  Time limitations.--

10         (2)  Except as otherwise provided in this section,

11  prosecutions for other offenses are subject to the following

12  periods of limitation:

13         (i)  A prosecution for a felony violation of s.

14  877.27(3) must be commenced within 4 years after the violation

15  is reported to law enforcement, or within 21 years after the

16  birth or destruction of an individual produced by human

17  cloning, whichever occurs first.

18         Section 4.  This act shall take effect upon becoming a

19  law.

20

21            *****************************************

22                       LEGISLATIVE SUMMARY

23
      Creates the "Human Cloning Prohibition and Responsibility
24    Act of 2002." Defines terms for purposes of the act.
      Provides that it is unlawful to perform or attempt to
25    perform human cloning, to participate or assist in an
      attempt to perform human cloning, or to ship or receive
26    for any purpose an embryo produced by human cloning or
      any product derived from such embryo. Provides a second
27    degree felony penalty and a minimum 10-year term of
      imprisonment for violation. Provides civil penalties.
28    Provides construction with respect to scientific
      research. Provides civil remedies. Provides limitations
29    for commencement of actions under the act. Provides for
      enforcement of the act.
30

31

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