HB 0285 2003
1	A bill to be entitled
2	An act relating to human cloning; creating s. 877.27,
3	F.S., the "Human Cloning Prohibition and Responsibility
4	Act of 2003"; providing definitions; providing that it is
5	unlawful to perform or attempt to perform human cloning,
6	to participate or assist in an attempt to perform human
7	cloning, or to ship or receive in commerce for any purpose
8	an embryo produced by human cloning or any product derived
9	from such embryo; providing a penalty; providing civil
10	penalties; providing construction with respect to
11	scientific research; providing for enforcement of the act;
12	providing civil remedies; providing limitations on
13	commencement of actions; amending ss. 95.11 and 775.15,
14	F.S.; providing periods of limitations on actions and
15	prosecutions for violations of the act; providing an
16	effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1. Section 877.27, Florida Statutes, is created to
21	read:
22	877.27 Human Cloning Prohibition and Responsibility Act.--
23	(1) POPULAR NAME.--This section may be referred to by the
24	popular name "Human Cloning Prohibition and Responsibility Act
25	of 2003."
26	(2) DEFINITIONS.--As used in this section:
27	(a) "Human cloning" means human asexual reproduction,
28	accomplished by introducing nuclear material from one or more
29	human somatic cells into a fertilized or unfertilized oocyte
30	whose nuclear material has been removed or inactivated so as to
31	produce a living organism, at any state of development, that is
32	genetically virtually identical to an existing or previously
33	existing human organism.
34	(b) "Asexual reproduction" means reproduction not
35	initiated by the union of oocyte and sperm.
36	(c) "Somatic cell" means a diploid cell having a complete
37	set of chromosomes obtained or derived from a living or deceased
38	human body at any stage of development.
39	(3) HUMAN CLONING PROHIBITED.--It is unlawful for any
40	person to knowingly:
41	(a) Perform or attempt to perform human cloning.
42	(b) Participate or assist in an attempt to perform human
43	cloning.
44	(c) Ship or receive for any purpose an embryo produced by
45	human cloning or any product derived from such embryo; however,
46	this paragraph shall not prohibit the act of entering this state
47	after having received any medical treatment, including
48	impregnation with an embryo produced by human cloning, if such
49	treatment was lawfully received in another jurisdiction.
50	(4) PENALTIES.--
51	(a) Any person who violates any provision of subsection
52	(3) commits a felony of the second degree, punishable as
53	provided in s. 775.082, s. 775.083, or s. 775.084, and shall be
54	sentenced to a minimum term of imprisonment of 10 years.
55	(b) Any person who violates any provision of subsection
56	(3) and derives pecuniary gain from such violation shall be
57	subject to a civil penalty of not less than $1 million and not
58	more than an amount equal to the amount of the gross pecuniary
59	gain derived from the violation multiplied by 2, if that amount
60	is greater than $1 million.
61	(5) CONSTRUCTION.--Nothing in this section shall be
62	construed to restrict areas of scientific research not
63	specifically prohibited by this section, including research in
64	the use of nuclear transfer or other cloning techniques to
65	produce molecules, DNA, tissues, organs, plants, animals, or
66	cells other than human embryos.
67	(6) CIVIL REMEDIES; ENFORCEMENT.--With respect to any
68	individual residing in the state who was produced, at any time
69	and in any jurisdiction, by human cloning which would have been
70	prohibited under this section if performed in this state after
71	the effective date of this section:
72	(a) Any person participating in the production by human
73	cloning of such individual shall be jointly and severally liable
74	to the individual, the individual's spouse, dependents, and
75	blood relatives, and to any woman impregnated with the
76	individual, her spouse, and dependents, for damages for all
77	physical, emotional, economic, or other injuries suffered by
78	such persons at any time as a result of the use of human cloning
79	to produce the individual. This section shall not give rise to a
80	cause of action for wrongful life but shall not exclude any
81	injuries or damages associated with the continuation of life by
82	the individual who is a product of human cloning.
83	(b) Any person participating in the production by human
84	cloning of an individual shall be jointly and severally liable
85	to the individual and the individual's legal guardian for
86	support and the costs of guardianship during the individual's
87	minority, as well as for the costs of any guardian ad litem to
88	represent the interests of the individual in the courts of this
89	state in any matter related to the production or legal status of
90	the individual. The liability created by this paragraph shall
91	not cease at the age of majority if the individual suffers
92	thereafter from any congenital defect or other disability
93	related to the production of the individual by human cloning.
94	(c) All liabilities created under this section shall
95	survive the death of an individual produced by human cloning.
96	All persons and entities participating in the production by
97	human cloning of an individual shall be jointly and severally
98	liable to the estate of the individual for damages for injuries
99	resulting from the death of the individual if the cause of death
100	is related to the production of the individual by human cloning
101	or any congenital defect in the individual. If the individual
102	dies intestate leaving no descendants or other dependents, the
103	cause of action created by this paragraph shall accrue to the
104	State of Florida. In every such action for the death of the
105	individual, exemplary damages in an amount of at least $100,000
106	shall be awarded.
107	(d) The rights of recovery created by this section shall
108	be cumulative to all other legal rights. No liability created by
109	this section shall be reduced by the payment of any other
110	liability or by the recovery of damages from any other source or
111	under any other legal theory.
112	(e) The liabilities created by this section shall be
113	strictly enforced without regard to negligence or fault. The
114	status of a person as plaintiff or injured party upon any cause
115	of action or legal theory shall not negate the status of such
116	person as defendant or reduce such person’s liability to other
117	claimants under any cause of action created by this section. The
118	liabilities created by this section may not be waived by any
119	individual or compromised except as may be implemented through
120	an enforceable judgment of a court of this state. No affirmative
121	defenses other than lack of jurisdiction, res judicata,
122	satisfaction of the liability, or expiration of the statute of
123	limitations period provided in paragraph (i) shall be allowed in
124	any action brought pursuant to this section.
125	(f) The domicile in the State of Florida of any injured
126	person having a cause of action under this section, or the
127	incurring within this state of any damages recoverable under
128	this section, shall be sufficient to establish the jurisdiction
129	of the law of this state and its courts for all related claims
130	arising under this section.
131	(g) Any state agency providing services to any person
132	entitled to recovery under this section, and any private
133	insurance company legally obligated to pay medical costs or
134	other compensation related to conditions associated with
135	injuries for which recovery is authorized under this act, shall
136	be subrogated to the rights to recover under this section of any
137	person receiving such services or benefiting from such
138	insurance. Such subrogation shall not exceed the full cost of
139	such services or insurance payments.
140	(h) The Attorney General is empowered to bring civil
141	actions in this or any appropriate jurisdiction to enforce the
142	rights and obligations created under this section on behalf of
143	the state or any resident of the state.
144	(i) An action under this section must be commenced before
145	the expiration of 5 years after the death of the individual
146	produced by human cloning, provided that an action for support
147	and other damages under paragraph (b) must be commenced within 5
148	years after the end of the period for which liability is imposed
149	under paragraph (b).
150	Section 2. Subsection (9) is added to section 95.11,
151	Florida Statutes, to read:
152	95.11 Limitations other than for the recovery of real
153	property.--Actions other than for recovery of real property
154	shall be commenced as follows:
155	(9) FOR ACTIONS RELATED TO HUMAN CLONING.--An action
156	founded upon a violation of s. 877.27(3) must be commenced as
157	provided in s. 877.27(6).
158	Section 3. Paragraph (i) is added to subsection (2) of
159	section 775.15, Florida Statutes, to read:
160	775.15 Time limitations.--
161	(2) Except as otherwise provided in this section,
162	prosecutions for other offenses are subject to the following
163	periods of limitation:
164	(i) A prosecution for a felony violation of s. 877.27(3)
165	must be commenced within 4 years after the violation is reported
166	to law enforcement or within 21 years after the birth or
167	destruction of an individual produced by human cloning,
168	whichever occurs first.
169	Section 4. This act shall take effect upon becoming a law.
170