| 1 | The Committee on Judiciary recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | House Joint Resolution |
| 6 | A joint resolution proposing the creation of Section 22 of |
| 7 | Article X of the State Constitution to provide for |
| 8 | parental notification of an abortion on a minor. |
| 9 |
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| 10 | Be It Resolved by the Legislature of the State of Florida: |
| 11 |
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| 12 | That the creation of Section 22 of Article X of the State |
| 13 | Constitution set forth below is agreed to and shall be submitted |
| 14 | to the electors of Florida for approval or rejection at the |
| 15 | general election to be held in November 2004: |
| 16 | ARTICLE X |
| 17 | MISCELLANEOUS |
| 18 | SECTION 22. Parental notification of an abortion on a |
| 19 | minor.--The legislature shall not limit or deny the privacy |
| 20 | rights guaranteed to minors under the United States Constitution |
| 21 | as interpreted by the United States Supreme Court. |
| 22 | Notwithstanding the minor's right of privacy provided in Section |
| 23 | 23 of Article I, the legislature may by general law require |
| 24 | notification of a parent or guardian of a minor prior to the |
| 25 | performance of an abortion on the minor. This right to |
| 26 | notification shall not apply to minors emancipated by general |
| 27 | law. |
| 28 | BE IT FURTHER RESOLVED that the title and substance of the |
| 29 | amendment proposed herein shall appear on the ballot as follows: |
| 30 | PARENTAL NOTIFICATION OF ABORTION ON A MINOR |
| 31 | Proposes the creation of Section 22 of Article X of the |
| 32 | State Constitution to provide that the Legislature may, |
| 33 | notwithstanding the state constitutional right of privacy, enact |
| 34 | legislation requiring notification of a parent or guardian of a |
| 35 | minor prior to the performance of an abortion on the minor. The |
| 36 | amendment provides that the Legislature shall not limit or deny |
| 37 | the privacy rights guaranteed to minors under the United States |
| 38 | Constitution as interpreted by the United States Supreme Court. |
| 39 | The amendment provides that the right to notification shall not |
| 40 | apply to minors emancipated by general law. Under the amendment, |
| 41 | the Legislature is not prevented from creating a judicial bypass |
| 42 | process containing exceptions to parental notification, |
| 43 | including, but not limited to, cases involving pregnancies |
| 44 | caused by the father, stepfather, or legal guardian of the |
| 45 | minor. |