CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                         Bill No. HB 805, 1st Eng.

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Greenstein and Gelber 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:

17         Section 1.  Section 877.269, Florida Statutes, is

18  created to read:

19         877.269 Human Cloning Prohibition and Stem Cell

20  Research Protection Act of 2002; legislative findings and

21  intent.--

22         (1)  It is a finding of the Legislature that recent

23  medical and technological advances have had tremendous benefit

24  to patients, and society as a whole, and that biomedical

25  research for the purpose of scientific investigation of

26  disease or cure of a disease or illness should be preserved

27  and protected and not be impeded by regulations involving the

28  cloning of an entire human being.

29         (2)  It is a finding of the Legislature that molecular

30  biology involving human cells, genes, tissues, and organs has

31  been used to meet medical needs globally for 20 years and has

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 805, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  proved a powerful tool in the search for cures, leading to

  2  effective medicines to treat cystic fibrosis, diabetes, heart

  3  disease, stroke, hemophilia, and HIV/AIDS.

  4         (3)  It is the intent of the Legislature to prohibit

  5  the creation of a human being through division and

  6  implantation of a blastocyst, zygote, or embryo created

  7  through somatic cell nuclear transfer technology and to

  8  protect the citizens of this state from potential abuse

  9  deriving from cloning technologies. This prohibition is not

10  intended to apply to the cloning of human cells, genes,

11  tissues, or organs that would not result in the replication of

12  an entire human being; nor is this prohibition intended to

13  apply to in vitro fertilization, the administration of

14  fertility-enhancing drugs, or other medical procedures used to

15  assist a woman in becoming or remaining pregnant, so long as

16  that procedure is not specifically intended to result in the

17  gestation or birth of a child who is genetically identical to

18  another conceptus, embryo, fetus, or human being, living or

19  dead.

20         Section 2.  Section 877.27, Florida Statutes, is

21  created to read:

22         877.27  Human Cloning Prohibition and Stem Cell

23  Research Protection Act of 2002.--

24         (1)  SHORT TITLE.--Sections 877.269 and 877.27 may be

25  cited as the "Human Cloning Prohibition and Stem Cell Research

26  Protection Act of 2002."

27         (2)  DEFINITIONS.--As used in this section:

28         (a)  "Human cloning" means asexual human reproduction

29  accomplished by implanting or attempting to implant the

30  product of nuclear transplantation into a woman's uterus or a

31  substitute for a woman's uterus for the purpose of initiating

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 805, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  or attempting to initiate a human pregnancy or to create

  2  genetically identical human beings by dividing a blastocyst,

  3  zygote, or embryo.

  4         (b)  "Asexual reproduction" means reproduction not

  5  initiated by the union of oocyte and sperm.

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

  7  complete set of chromosomes) obtained or derived from a living

  8  or deceased human body at any stage of development.

  9         (d)  "Nuclear transplantation" means introducing the

10  nuclear material of a human somatic cell into a fertilized or

11  unfertilized oocyte from which the nucleus has been or will be

12  removed or inactivated.

13         (3)  CLONING OF HUMAN BEINGS PROHIBITED.--It is

14  unlawful for any person or entity, public or private, to

15  knowingly:

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

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

18  human cloning.

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

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

21         (4)  PENALTIES.--

22         (a)  Any person who violates any provision of

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

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

25  775.084, and shall be sentenced to a minimum term of

26  imprisonment of 10 years.

27         (b)  Any person who violates any provision of

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

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

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

31  gross pecuniary gain derived from the violation multiplied by

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 805, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  two, if that amount is greater than $1 million.

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

  3  construed to restrict areas of biomedical, agricultural, and

  4  scientific research not specifically prohibited by this

  5  section, including using somatic cell nuclear transfer or

  6  other cloning technologies to clone molecules, DNA, cells,

  7  plants, and tissues.

  8         Section 3.  This act shall take effect upon becoming a

  9  law.

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11

12  ================ T I T L E   A M E N D M E N T ===============

13  And the title is amended as follows:

14  remove:  the entire title

15

16  and insert:

17                      A bill to be entitled

18         An act relating to human cloning; creating s.

19         877.269, F.S.; providing legislative findings

20         and intent; creating s. 877.27, F.S., the

21         "Human Cloning Prohibition and Stem Cell

22         Research Protection Act of 2002"; providing

23         definitions; providing that it is unlawful to

24         perform or attempt to perform human cloning, to

25         participate or assist in an attempt to perform

26         human cloning, or to ship or receive for any

27         purpose an embryo produced by human cloning or

28         any product derived from such embryo; providing

29         a penalty; providing civil penalties; providing

30         construction with respect to scientific

31         research; providing an effective date.

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 805, 1st Eng.

    Amendment No. ___ (for drafter's use only)





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