CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 805
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Gannon offered the following:
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13 Amendment (with title amendment)
14 Remove everything after the enacting clause
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16 and insert: Section 877.27, Florida Statutes, is created to
17 read:
18 877.27 Reproductive Human Cloning Prohibition and
19 Responsibility Act.--
20 (1) SHORT TITLE.--This section may be cited as the
21 "Reproductive Human Cloning Prohibition and Responsibility Act
22 of 2002."
23 (2) DEFINITIONS.--As used in this section:
24 (a) "Reproductive Human cloning" means human asexual
25 reproduction, accomplished by introducing nuclear material
26 from one or more human somatic cells into a fertilized or
27 unfertilized oocyte whose nuclear material has been removed or
28 inactivated so as to produce a living organism, at any state
29 of development, that is genetically virtually identical to an
30 existing or previously existing human organism.
31 (b) "Asexual reproduction" means reproduction not
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HOUSE AMENDMENT
Bill No. HB 805
Amendment No. ___ (for drafter's use only)
1 initiated by the union of oocyte and sperm.
2 (c) "Somatic cell" means a diploid cell having a
3 complete set of chromosomes obtained or derived from a living
4 or deceased human body at any stage of development.
5 (3) REPRODUCTIVE HUMAN CLONING PROHIBITED.--It is
6 unlawful for any person to knowingly:
7 (a) Perform or attempt to perform reproductive human
8 cloning.
9 (b) Participate or assist in an attempt to perform
10 reproductive human cloning.
11 (c) Ship or receive for any purpose an embryo produced
12 by reproductive human cloning or any product derived from such
13 embryo.
14 (4) PENALTIES.--
15 (a) Any person who violates any provision of
16 subsection (3) commits a felony of the second degree,
17 punishable as provided in s. 775.082, s. 775.083, or s.
18 775.084, and shall be sentenced to a minimum term of
19 imprisonment of 10 years.
20 (b) Any person who violates any provision of
21 subsection (3) and derives pecuniary gain from such violation
22 shall be subject to a civil penalty of not less than $1
23 million and not more than an amount equal to the amount of the
24 gross pecuniary gain derived from the violation multiplied by
25 2, if that amount is greater than $1 million.
26 (5) CONSTRUCTION.--Nothing in this section shall be
27 construed to restrict areas of scientific research not
28 specifically prohibited by this section, including research in
29 the use of nuclear transfer or other cloning techniques to
30 produce molecules, DNA, cells other than human embryos or
31 animals.
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HOUSE AMENDMENT
Bill No. HB 805
Amendment No. ___ (for drafter's use only)
1 (6) CIVIL REMEDIES; ENFORCEMENT.--With respect to any
2 individual residing in the state who was produced, at any time
3 and in any jurisdiction, by reproductive human cloning which
4 would have been prohibited under this section if performed in
5 this state after the effective date of this section:
6 (a) Any person participating in the production by
7 reproductive human cloning of such individual shall be jointly
8 and severally liable to the individual, the individual's
9 spouse, dependents, and blood relatives, and to any woman
10 impregnated with the individual, her spouse, and dependents,
11 for damages for all physical, emotional, economic, or other
12 injuries suffered by such persons at any time as a result of
13 the use of reproductive human cloning to produce the
14 individual. This section shall not give rise to a cause of
15 action for wrongful life, but shall not exclude any injuries
16 or damages associated with the continuation of life by the
17 individual who is a product of reproductive human cloning.
18 (b) Any person participating in the production by
19 reproductive human cloning of an individual shall be jointly
20 and severally liable to the individual and the individual's
21 legal guardian for support and the costs of guardianship
22 during the individual's minority, as well as for the costs of
23 any guardian ad litem to represent the interests of the
24 individual in the courts of this state in any matter related
25 to the production or legal status of the individual. The
26 liability created by this paragraph shall not cease at the age
27 of majority if the individual suffers thereafter from any
28 congenital defect or other disability related to the
29 production of the individual by reproductive human cloning.
30 (c) All liabilities created under this section shall
31 survive the death of an individual produced by reproductive
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HOUSE AMENDMENT
Bill No. HB 805
Amendment No. ___ (for drafter's use only)
1 human cloning. All persons and entities participating in the
2 production by reproductive human cloning of an individual
3 shall be jointly and severally liable to the estate of the
4 individual for damages for injuries resulting from the death
5 of the individual if the cause of death is related to the
6 production of the individual by reproductive human cloning or
7 any congenital defect in the individual. If the individual
8 dies intestate leaving no descendants or other dependents, the
9 cause of action created by this paragraph shall accrue to the
10 State of Florida. In every such action for the death of the
11 individual, exemplary damages in an amount of at least
12 $100,000 shall be awarded.
13 (d) The rights of recovery created by this section
14 shall be cumulative to all other legal rights. No liability
15 created by this section shall be reduced by the payment of any
16 other liability or by the recovery of damages from any other
17 source or under any other legal theory.
18 (e) The liabilities created by this section shall be
19 strictly enforced without regard to negligence or fault. The
20 status of a person as plaintiff or injured party upon any
21 cause of action or legal theory shall not negate the status of
22 such person as defendant or reduce their liability to other
23 claimants under any cause of action created by this section.
24 The liabilities created by this section may not be waived by
25 any individual, nor compromised except as may be implemented
26 through an enforceable judgment of a court of this state. No
27 affirmative defenses other than lack of jurisdiction, res
28 judicata, satisfaction of the liability, or expiration of the
29 statute of limitations period provided in paragraph (i) shall
30 be allowed in any action brought pursuant to this section.
31 (f) The domicile in the State of Florida of any
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HOUSE AMENDMENT
Bill No. HB 805
Amendment No. ___ (for drafter's use only)
1 injured person having a cause of action under this section, or
2 the incurring within this state of any damages recoverable
3 under this section, shall be sufficient to establish the
4 jurisdiction of the law of this state and its courts for all
5 related claims arising under this section.
6 (g) Any state agency providing services to any person
7 entitled to recovery under this section, and any private
8 insurance company legally obligated to pay medical costs or
9 other compensation related to conditions associated with
10 injuries for which recovery is authorized under this act,
11 shall be subrogated to the rights to recover under this
12 section of any person receiving such services or benefiting
13 from such insurance. Such subrogation shall not exceed the
14 full cost of such services or insurance payments.
15 (h) The Attorney General is hereby empowered to bring
16 civil actions in this or any appropriate jurisdiction to
17 enforce the rights and obligations created under this section
18 on behalf of the state or any resident of the state.
19 (i) An action under this section must be commenced
20 before the expiration of 5 years after the death of the
21 individual produced by reproductive human cloning, provided
22 that an action for support and other damages under paragraph
23 (b) must be commenced within 5 years after the end of the
24 period for which liability is imposed under paragraph (b).
25 Section 1. Subsection (9) is added to section 95.11,
26 Florida Statutes, to read:
27 95.11 Limitations other than for the recovery of real
28 property.--Actions other than for recovery of real property
29 shall be commenced as follows:
30 (9) FOR ACTIONS RELATED TO REPRODUCTIVE HUMAN
31 CLONING.--An action founded upon a violation of s. 877.27(3)
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HOUSE AMENDMENT
Bill No. HB 805
Amendment No. ___ (for drafter's use only)
1 must be commenced as provided in s. 877.27(6).
2 Section 2. Paragraph (i) is added to subsection (2) of
3 section 775.15, Florida Statutes, to read:
4 775.15 Time limitations.--
5 (2) Except as otherwise provided in this section,
6 prosecutions for other offenses are subject to the following
7 periods of limitation:
8 (i) A prosecution for a felony violation of s.
9 877.27(3) must be commenced within 4 years after the violation
10 is reported to law enforcement, or within 21 years after the
11 birth or destruction of an individual produced by reproductive
12 human cloning, whichever occurs first.
13 Section 3. This act shall take effect upon becoming a
14 law
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18 And the title is amended as follows:
19 remove: all of said lines
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21 and insert:
22 An act relating to reproductive human cloning;
23 creating s. 877.27, F.S., the "Reproductive
24 Human Cloning Prohibition and Responsibility
25 Act of 2002"; providing definitions; providing
26 that it is unlawful to perform or attempt to
27 perform reproductive human cloning, to
28 participate or assist in an attempt to perform
29 reproductive human cloning, or to ship or
30 receive for any purpose an embryo produced by
31 reproductive human cloning or any product
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hmo0011 01:52 pm 00805-0088-423531
HOUSE AMENDMENT
Bill No. HB 805
Amendment No. ___ (for drafter's use only)
1 derived from such embryo; providing a penalty;
2 providing civil penalties; providing
3 construction with respect to scientific
4 research; providing for enforcement of the act;
5 providing civil remedies; providing limitations
6 on commencement of actions; amending ss. 95.11
7 and 775.15, F.S.; providing periods of
8 limitations on actions and prosecutions for
9 violations of the act; providing an effective
10 date.
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