HB 1449

1	A bill to be entitled
2	An act relating to parental notice of abortion; amending
3	s. 390.01114, F.S.; revising the definition of the term
4	"constructive notice"; revising notice requirements
5	relating to the termination of a pregnancy of a minor;
6	providing exceptions to the notice requirements; revising
7	procedure for judicial waiver of notice; providing for the
8	minor to petition for a hearing within a specified time;
9	providing that in a hearing relating to waiving the
10	requirement for parental notice, the court consider
11	certain additional factors, including whether the minor's
12	decision to terminate her pregnancy was due to undue
13	influence; providing procedure for appeal if judicial
14	waiver of notice is not granted; requiring Supreme Court
15	reports to the Governor and Legislature to include
16	additional information; requiring mandatory reporting of
17	child abuse; providing for construction of the act and
18	Legislative intent; providing for severability; providing
19	an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Section 390.01114, Florida Statutes, is amended
24	to read:
25	390.01114  Parental Notice of Abortion Act.-
26	(1)  SHORT TITLE.-This section may be cited as the
27	"Parental Notice of Abortion Act."
28	(2)  DEFINITIONS.-As used in this section, the term:
29	(a)  "Actual notice" means notice that is given directly,
30	in person or by telephone, to a parent or legal guardian of a
31	minor, by a physician, at least 48 hours before the inducement
32	or performance of a termination of pregnancy, and documented in
33	the minor's files.
34	(b)  "Child abuse" has the same meaning as s. 39.0015(3).
35	(c)  "Constructive notice" means notice that is given in
36	writing, signed by the physician, and mailed at least 72 hours
37	before the inducement or performance of the termination of
38	pregnancy, to the last known address of the parent or legal
39	guardian of the minor, by first class mail and by certified
40	mail, return receipt requested, and delivery restricted to the
41	parent or legal guardian. After the 72 hours have passed,
42	delivery is deemed to have occurred.
43	(d)  "Medical emergency" means a condition that, on the
44	basis of a physician's good faith clinical judgment, so
45	complicates the medical condition of a pregnant woman as to
46	necessitate the immediate termination of her pregnancy to avert
47	her death, or for which a delay in the termination of her
48	pregnancy will create serious risk of substantial and
49	irreversible impairment of a major bodily function.
50	(e)  "Sexual abuse" has the meaning ascribed in s. 39.01.
51	(f)  "Minor" means a person under the age of 18 years.
52	(3)  NOTIFICATION REQUIRED.-
53	(a)  Actual notice shall be provided by the physician
54	performing or inducing the termination of pregnancy before the
55	performance or inducement of the termination of the pregnancy of
56	a minor. The notice may be given by a referring physician. The
57	physician who performs or induces the termination of pregnancy
58	must receive the written statement of the referring physician
59	certifying that the referring physician has given notice. If
60	actual notice is not possible after a reasonable effort has been
61	made, the physician performing or inducing the termination of
62	pregnancy or the referring physician must give constructive
63	notice. Notice given under this subsection by the physician
64	performing or inducing the termination of pregnancy must include
65	the name and address of the facility providing the termination
66	of pregnancy and the name of the physician providing notice.
67	Notice given under this subsection by a referring physician must
68	include the name and address of the facility where he or she is
69	referring the minor and the name of the physician providing
70	notice. If actual notice is provided by telephone, the physician
71	must actually speak with the parent or guardian, and must record
72	in the minor's medical file the name of the parent or guardian
73	provided notice, the phone number dialed, and the date and time
74	of the call. If constructive notice is given, the physician must
75	document that notice by placing copies of any document related
76	to the constructive notice, including, but not limited to, a
77	copy of the letter and the return receipt, in the minor's
78	medical file. Actual notice given by telephone shall be
79	confirmed in writing, signed by the physician, and mailed to the
80	last known address of the parent or legal guardian of the minor,
81	by first class mail and by certified mail, return receipt
82	requested, with delivery restricted to the parent or legal
83	guardian.
84	(b)  Notice is not required if:
85	1.  In the physician's good faith clinical judgment, a
86	medical emergency exists and there is insufficient time for the
87	attending physician to comply with the notification
88	requirements. If a medical emergency exists, the physician
89	should make reasonable attempts, whenever possible without
90	endangering the minor, to contact the parent or legal guardian.
91	The physician may proceed but must document reasons for the
92	medical necessity in the patient's medical records and must
93	provide notice directly, in person or by telephone, to the
94	parent or legal guardian, including details of the medical
95	emergency and any additional risks to the minor. If the parent
96	or legal guardian has not been notified within 24 hours after
97	the termination of the pregnancy, the physician must provide
98	notice in writing, including details of the medical emergency
99	and any additional risks to the minor, signed by the physician,
100	to the last known address of the parent or legal guardian of the
101	minor, by first class mail and by certified mail, return receipt
102	requested, with delivery restricted to the parent or legal
103	guardian;
104	2.  Notice is waived in writing by the person who is
105	entitled to notice and such waiver is notarized, dated not more
106	than 30 days before the termination of pregnancy, and contains a
107	specific waiver of the right of the parent or legal guardian to
108	notice of the minor's termination of pregnancy;
109	3.  Notice is waived by the minor who is or has been
110	married or has had the disability of nonage removed under s.
111	743.015 or a similar statute of another state;
112	4.  Notice is waived by the patient because the patient has
113	a minor child dependent on her; or
114	5.  Notice is waived under subsection (4).
115	(c)  Violation of this subsection by a physician
116	constitutes grounds for disciplinary action under s. 458.331 or
117	s. 459.015.
118	(4)  PROCEDURE FOR JUDICIAL WAIVER OF NOTICE.-
119	(a)  A minor may petition any circuit court in a judicial
120	circuit within the jurisdiction of the District Court of Appeal
121	in which the minor she resides for a waiver of the notice
122	requirements of subsection (3) and may participate in
123	proceedings on her own behalf. The petition may be filed under a
124	pseudonym or through the use of initials, as provided by court
125	rule. The petition must include a statement that the petitioner
126	is pregnant and notice has not been waived. The court shall
127	advise the minor that she has a right to court-appointed counsel
128	and shall provide her with counsel upon her request at no cost
129	to the minor.
130	(b)1.  Court proceedings under this section subsection must
131	be given precedence over other pending matters to the extent
132	necessary to ensure that the court reaches a decision promptly.
133	The court shall rule, and issue written findings of fact and
134	conclusions of law, within 3 business days 48 hours after the
135	petition is filed, except that the 3-business-day 48-hour
136	limitation may be extended at the request of the minor. If the
137	court fails to rule within the 3-business-day 48-hour period and
138	an extension has not been requested, the minor may then
139	immediately petition for a hearing upon the expiration of the 3-
140	business-day period to the chief judge of the circuit, who must
141	ensure a hearing is held within 48 hours after receipt of the
142	minor's petition and an order is entered within 24 hours after
143	the hearing the petition is granted, and the notice requirement
144	is waived.
145	2.  If the circuit court does not grant judicial waiver of
146	notice, the minor has the right to appeal. An appellate court
147	must rule within 7 days after receipt of appeal, but a ruling
148	may be remanded with further instruction for a ruling within 3
149	business days after the remand. The reason for overturning a
150	ruling on appeal must be based on abuse of discretion by the
151	court and may not be based on the weight of the evidence
152	presented to the circuit court since the proceeding is a
153	nonadversarial proceeding.
154	(c)  If the court finds, by clear and convincing evidence,
155	that the minor is sufficiently mature to decide whether to
156	terminate her pregnancy, the court shall issue an order
157	authorizing the minor to consent to the performance or
158	inducement of a termination of pregnancy without the
159	notification of a parent or guardian. If the court does not make
160	the finding specified in this paragraph or paragraph (d), it
161	must dismiss the petition. Factors the court shall consider
162	include:
163	1.  The minor's:
164	a.  Age.
165	b.  Overall intelligence.
166	c.  Emotional development and stability.
167	d.  Credibility and demeanor as a witness.
168	e.  Ability to accept responsibility.
169	f.  Ability to assess both the immediate and long-range
170	consequences of the minor's choices.
171	g.  Ability to understand and explain the medical risks of
172	terminating her pregnancy and to apply that understanding to her
173	decision.
174	2.  Whether there may be any undue influence by another on
175	the minor's decision to have an abortion.
176	(d)  If the court finds, by a preponderance of the
177	evidence, that the petitioner is the victim there is evidence of
178	child abuse or sexual abuse inflicted of the petitioner by one
179	or both of her parents or her guardian, or by clear and
180	convincing evidence that the notification of a parent or
181	guardian is not in the best interest of the petitioner, the
182	court shall issue an order authorizing the minor to consent to
183	the performance or inducement of a termination of pregnancy
184	without the notification of a parent or guardian. The best-
185	interest standard may not include financial best interest or
186	financial considerations or the potential financial impact on
187	the minor or the minor's family if the minor does not terminate
188	the pregnancy. If the court finds evidence of child abuse or
189	sexual abuse of the minor petitioner by any person, the court
190	shall report the evidence of child abuse or sexual abuse of the
191	petitioner, as provided in s. 39.201. If the court does not make
192	the finding specified in this paragraph or paragraph (c), it
193	must dismiss the petition.
194	(e)  A court that conducts proceedings under this section
195	shall:
196	1.  Provide for a written transcript of all testimony and
197	proceedings; and
198	2.  Issue a final written order containing and specific
199	factual findings and legal conclusions supporting its decision,
200	including factual findings and legal conclusions relating to the
201	maturity of the minor as provided under paragraph (c); and shall
202	3.  Order that a confidential record be maintained, as
203	required under s. 390.01116. At the hearing, the court shall
204	hear evidence relating to the emotional development, maturity,
205	intellect, and understanding of the minor, and all other
206	relevant evidence.
207	(f)  All hearings under this section, including appeals,
208	shall remain confidential and closed to the public, as provided
209	by court rule.
210	(g)(f)  An expedited appeal shall be made available, as the
211	Supreme Court provides by rule, to any minor to whom the circuit
212	court denies a waiver of notice. An order authorizing a
213	termination of pregnancy without notice is not subject to
214	appeal.
215	(h)(g)  No Filing fees or court costs may not shall be
216	required of any pregnant minor who petitions a court for a
217	waiver of parental notification under this subsection at either
218	the trial or the appellate level.
219	(i)(h)  A No county is not shall be obligated to pay the
220	salaries, costs, or expenses of any counsel appointed by the
221	court under this subsection.
222	(5)  PROCEEDINGS.-The Supreme Court is requested to adopt
223	rules and forms for petitions to ensure that proceedings under
224	subsection (4) are handled expeditiously and in a manner
225	consistent with this act. The Supreme Court is also requested to
226	adopt rules to ensure that the hearings protect the minor's
227	confidentiality and the confidentiality of the proceedings.
228	(6)  REPORT.-The Supreme Court, through the Office of the
229	State Courts Administrator, shall report by February 1 of each
230	year to the Governor, the President of the Senate, and the
231	Speaker of the House of Representatives on the number of
232	petitions filed under subsection (4) for the preceding year, and
233	the timing and manner of disposal of such petitions by each
234	circuit court. For each petition resulting in a waiver of
235	notice, the reason for the waiver shall be included in the
236	report.
237	(7)  MANDATORY CHILD ABUSE REPORTING.-The requirements of
238	s. 39.201, relating to mandatory reports of child abuse, apply
239	to this section.
240	Section 2.  It is the intent of the Legislature with
241	respect to this act to accord the utmost comity and respect to
242	the constitutional prerogatives of Florida's judiciary, and
243	nothing in this act should be construed as an effort to impinge
244	upon those prerogatives. To that end, if any court of competent
245	jurisdiction enters a final judgment concluding or declaring
246	that any provision of this act improperly encroaches on the
247	authority of the Florida Supreme Court to determine the rules of
248	practice and procedure in Florida courts, the Legislature
249	intends that such provision be construed as a request for a rule
250	change pursuant to s. 2, Art. V of the State Constitution and
251	not as a mandatory legislative directive.
252	Section 3.  If any provision of this act or its application
253	to any individual or circumstance is held invalid, the
254	invalidity does not affect other provisions or applications of
255	this act which can be given effect without the invalid provision
256	or application, and to this end the provisions of this act are
257	severable.
258	Section 4.  This act shall take effect upon becoming a law.

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