HB 1659

1	A bill to be entitled
2	An act relating to parental notification of termination of
3	a minor's pregnancy; amending s. 390.01115, F.S.; revising
4	the popular name; revising and providing definitions;
5	removing the distinction between actual notice and
6	constructive notice; providing that notice shall be given
7	by the physician who will perform the termination of
8	pregnancy procedure; deleting provisions allowing waiver
9	of notice under certain circumstances; providing that
10	violation of the notice requirements by physicians shall
11	be considered medical malpractice; providing a minimum age
12	requirement for minors who petition for a waiver of
13	notice; providing for a petition for a waiver of notice to
14	be filed in the circuit court in the county where the
15	minor resides; revising the deadline by when the circuit
16	court shall issue rulings on notice proceedings; removing
17	a provision allowing a minor to request to extend the
18	deadline; removing a provision for the notice requirement
19	to be waived should the court fail to meet the deadline;
20	revising evidentiary standards for certain notice
21	proceedings; revising evidentiary findings needed by the
22	court relating to abuse of a minor; requiring the court to
23	report evidence of child abuse; revising provisions
24	relating to Supreme Court rules on petitions and appeals;
25	deleting a requirement of the Supreme Court to report on
26	petitions to waive notice; providing an effective date.
27
28	WHEREAS, the Legislature finds that parents of children in
29	the State of Florida have a fundamental right to raise their
30	children free from unnecessary government interference, and
31	WHEREAS, the Legislature took testimony from citizens from
32	all over the State of Florida who overwhelmingly believe that a
33	parent's right to know when their child is undergoing a serious
34	medical procedure supersedes any implied right of privacy in the
35	State Constitution, including the right to be notified before
36	the termination of a minor child's pregnancy, and
37	WHEREAS, the citizens of Florida amended the State
38	Constitution in 2004 and authorized the Legislature to require
39	notice to parents or guardians of minors before termination of
40	their minor child's pregnancy, and
41	WHEREAS, the Parental Notice of the Termination of a
42	Minor's Pregnancy Act of 2005 is necessary to protect the
43	fundamental right of parents to raise their children free from
44	unnecessary government interference and to comply with the
45	mandate of the citizens of Florida, NOW, THEREFORE,
46
47	Be It Enacted by the Legislature of the State of Florida:
48
49	Section 1.  Section 390.01115, Florida Statutes, is amended
50	to read:
51	390.01115  Parental Notice of the Termination of a Minor's
52	Pregnancy Abortion Act of 2005.--
53	(1)  POPULAR NAME SHORT TITLE.--This section may be cited
54	as the "Parental Notice of the Termination of a Minor's
55	Pregnancy Abortion Act of 2005."
56	(2)  DEFINITIONS.--As used in this section, the term:
57	(a)  "Actual notice" means notice that is given directly,
58	in person, or by telephone.
59	(a)(b)  "Child abuse" has the meaning ascribed in s.
60	39.0015(3) and refers to the acts of child abuse against a minor
61	by a family member as defined in s. 741.28.
62	(c)  "Constructive notice" means notice that is given by
63	certified mail to the last known address of the parent or legal
64	guardian of a minor, with delivery deemed to have occurred 48
65	hours after the certified notice is mailed.
66	(b)(d)  "Medical emergency" means a condition that, on the
67	basis of a physician's good faith clinical judgment of a
68	physician treating a minor, so complicates the medical condition
69	of a pregnant minor woman as to necessitate the immediate
70	termination of the minor's her pregnancy to avert her death, or
71	for which a delay in the termination of her pregnancy will
72	create certain serious risk of substantial and irreversible
73	impairment of a major bodily function.
74	(c)  "Notice" means notice that is given by certified mail,
75	return receipt requested, to a parent or legal guardian of a
76	pregnant minor or notice that is given by direct in-person
77	communication with a parent or guardian of a pregnant minor.
78	(d)(e)  "Sexual abuse" has the meaning ascribed in s. 39.01
79	and refers to the acts of sexual abuse against a minor by a
80	family member as defined in s. 741.28.
81	(3)  NOTIFICATION REQUIRED.--
82	(a)  A termination of the pregnancy of a minor may not be
83	performed or induced upon a minor unless the physician
84	performing or inducing the termination of the pregnancy has
85	given at least 48 hours' actual notice to one parent or to the
86	legal guardian of the pregnant minor of the physician's his or
87	her intention to perform or induce the termination of the
88	pregnancy to one parent or the legal guardian of the pregnant
89	minor. The notice shall may be given by a referring physician.
90	the physician who will perform performs the termination of
91	pregnancy procedure must receive the written statement of the
92	referring physician certifying that the referring physician has
93	given notice. If actual notice is not possible after a
94	reasonable effort has been made, the physician or his or her
95	agent must give 48 hours' constructive notice.
96	(b)  Notice is not required if:
97	1.  A medical emergency exists and there is insufficient
98	time for the attending physician to comply with the notification
99	requirements of this subsection. If a medical emergency exists,
100	the physician may proceed with the termination of pregnancy
101	procedure but must document reasons for the medical necessity in
102	the patient's medical records and must thereafter provide notice
103	pursuant to paragraph (a); or
104	2.  Notice is waived in writing by the person who is
105	entitled to notice;
106	2.3.  Notice is waived by the minor who is or has been
107	married or has had the disability of nonage removed under s.
108	743.015 or a similar valid and in force statute of another
109	state;
110	4.  Notice is waived by the patient because the patient has
111	a minor child dependent on her; or
112	5.  Notice is waived under subsection (4).
113	(c)  Violation of this subsection by a physician
114	constitutes grounds for disciplinary action under s. 458.331 or
115	s. 459.015 and shall be considered an act of medical
116	malpractice.
117	(4)  PROCEDURE FOR JUDICIAL WAIVER OF NOTICE.--
118	(a)  A pregnant minor who is 14 years of age or older may
119	petition the any circuit court in the county where she resides
120	for a waiver of the notice requirements of subsection (3) and
121	may participate in proceedings on her own behalf. The petition
122	must include a statement that the petitioner is pregnant and
123	notice has not been waived. The court may appoint a guardian ad
124	litem for the minor her. A guardian ad litem appointed under
125	this subsection shall act to maintain the confidentiality of the
126	proceedings. The circuit court shall advise the minor that she
127	has a right to court-appointed counsel and shall provide the
128	minor her with counsel upon the minor's her request.
129	(b)  Court proceedings under this subsection must be given
130	precedence over other pending matters to the extent necessary to
131	ensure that the circuit court reaches a prompt decision
132	promptly. The circuit court shall rule, and issue written
133	findings of fact and conclusions of law, no later than 7 days
134	from the date the minor's within 48 hours after the petition is
135	filed, except that the 48-hour limitation may be extended at the
136	request of the minor. If the court fails to rule within the 48-
137	hour period and an extension has not been requested, the
138	petition is granted, and the notice requirement is waived.
139	(c)  If the court finds, by clear and convincing evidence,
140	that the minor is sufficiently mature to decide whether to
141	terminate her pregnancy without the knowledge of her parent or
142	guardian of the decision to terminate the pregnancy, the court
143	shall issue an order authorizing the minor to consent to the
144	performance or inducement of a termination of pregnancy without
145	providing the notification to the minor's of a parent or
146	guardian. If the court does not make the finding specified in
147	this paragraph or paragraph (d), it must dismiss the petition.
148	(d)  If the court finds, by the greater weight of the clear
149	evidence, that the minor has been the victim there is evidence
150	of child abuse or sexual abuse, including, but not limited to,
151	rape or incest that resulted in the minor becoming pregnant of
152	the petitioner by one or both of her parents or her guardian, or
153	that the notification of a parent or guardian is not in the best
154	interest of the petitioner, the court shall issue an order
155	authorizing the minor to consent to the performance or
156	inducement of a termination of pregnancy without the
157	notification of a parent or guardian. If the court does not make
158	the finding specified in this paragraph or paragraph (c), it
159	must dismiss the petition. If the court does make the finding
160	specified in this paragraph, in addition to an order authorizing
161	termination the court shall report evidence of child abuse or
162	sexual abuse of the minor petitioner to the appropriate agency
163	or law enforcement agency.
164	(e)  A court that conducts proceedings under this section
165	shall provide for a written transcript of all testimony and
166	proceedings and issue written and specific factual findings and
167	legal conclusions supporting its decision and shall order that
168	the a confidential record of the proceedings remain confidential
169	evidence and the judge's findings and conclusions be maintained.
170	In determining whether a minor is sufficiently mature to decide
171	whether to terminate her pregnancy without the knowledge of her
172	parent or guardian of the decision to terminate her pregnancy At
173	the hearing, the court shall consider all relevant evidence,
174	including hear evidence relating to the minor's emotional
175	development, maturity, intellect, and understanding of the
176	consequences of her actions minor.
177	(f)  An expedited confidential appeal shall be available,
178	as the Supreme Court provides by rule consistent with this act,
179	to any minor to whom the circuit court denies a waiver of notice
180	to her parent or guardian. An order authorizing the minor's a
181	termination of pregnancy without notice to a parent or guardian
182	is not subject to appeal.
183	(g)  No filing fees or court costs shall be required of any
184	pregnant minor who petitions the a court for a waiver of
185	parental notification under this subsection at either the trial
186	or the appellate level.
187	(h)  No county shall be obligated to pay the salaries,
188	costs, or expenses of any counsel appointed by the court under
189	this subsection.
190	(5)  PROCEEDINGS.--The Supreme Court is requested to adopt
191	rules and forms for petitions to ensure that proceedings under
192	subsection (4) are handled expeditiously and in a manner
193	consistent with that will satisfy the requirements of state and
194	federal law courts.
195	(6)  REPORT.--The Supreme Court, through the Office of the
196	State Courts Administrator, shall report by February 1 of each
197	year to the Governor, the President of the Senate, and the
198	Speaker of the House of Representatives on the number of
199	petitions filed under subsection (4) for the preceding year, and
200	the timing and manner of disposal of such petitions by each
201	circuit court.
202	Section 2.  This act shall take effect July 1, 2005.

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