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

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