HB 277

A bill to be entitled
2An act relating to abortions; amending s. 390.011,
3F.S.; providing definitions; amending s. 390.0111,
4F.S.; conforming terminology to changes made by the
5act; restricting the circumstances in which an
6abortion may be performed in the third trimester or
7after viability; providing certain physician and
8location requirements with regard to performing
9abortions; requiring a physician who offers to perform
10or who performs abortions to complete continuing
11education related to ethics; prohibiting an abortion
12from being performed in the third trimester in a
13location other than a hospital; prohibiting any
14abortion from being performed in a location other than
15a hospital, abortion clinic, or physician's office;
16requiring that certain requirements be completed 24
17hours before an abortion is performed in order for
18consent to an abortion to be considered voluntary and
19informed; conforming terminology; providing that
20substantial compliance or reasonable belief that
21noncompliance with the requirements regarding consent
22is necessary to prevent the death of the pregnant
23woman or a substantial and irreversible impairment of
24a major bodily function of the pregnant woman is a
25defense to a disciplinary action under s. 458.331 or
26s. 459.015, F.S.; deleting the definition of the term
27"viability"; providing that the prevention of the
28death or a substantial and irreversible impairment of
29a major bodily function of the pregnant woman
30constitutes an overriding and superior consideration
31to the concern for the life and health of the fetus
32under certain circumstances; prohibiting a physician
33from knowingly performing a partial-birth abortion and
34thereby killing a human fetus; providing exceptions
35for when a partial-birth abortion is necessary;
36increasing the penalty imposed for failing to properly
37dispose of fetal remains; requiring the Department of
38Health to permanently revoke the license of any health
39care practitioner who is convicted or found guilty of,
40or enters a plea of guilty or nolo contendere to,
41regardless of adjudication, certain felony criminal
42acts; providing that an infant born alive subsequent
43to an attempted abortion is entitled to the same
44rights, powers, and privileges as are granted by the
45laws of this state; requiring a health care
46practitioner to exercise the same degree of
47professional skill, care, and diligence to preserve
48the life and health of an infant as a reasonably
49diligent and conscientious health care practitioner
50would render to any infant born alive if the infant is
51born alive subsequent to an attempted abortion;
52requiring that another physician be present in order
53to take control of any infant born alive; requiring
54the physician who performs the abortion to take all
55reasonable steps consistent with the abortion
56procedure to preserve the life and health of the
57unborn child; requiring a health care practitioner who
58has knowledge of any violations to report the
59violations to the department; providing that it is a
60first-degree misdemeanor to unlawfully advertise how
61to obtain an abortion; requiring an abortion clinic to
62place a conspicuous notice on its premises and on any
63form or medium of advertisement of the abortion clinic
64which states that the abortion clinic is prohibited
65from performing abortions in the third trimester or
66after viability; providing a penalty; requiring the
67Agency for Health Care Administration to submit to the
68Governor and Legislature an annual report of aggregate
69statistical data relating to abortions and provide
70such data on its website; amending s. 390.01114, F.S.;
71conforming terminology to changes made by the act;
72deleting the definition of the term "medical
73emergency"; amending s. 390.0112, F.S.; requiring the
74director of a hospital, abortion clinic, or
75physician's office to submit a monthly report to the
76agency on a form developed by the agency which is
77consistent with the U.S. Standard Report of Induced
78Termination of Pregnancy from the Centers for Disease
79Control and Prevention; requiring that the submitted
80report not contain any personal identifying
81information; requiring the agency to submit reported
82data to the Division of Reproductive Health within the
83Centers for Disease Control and Prevention; requiring
84the physician performing the abortion procedure to
85report such data if the abortion was performed in a
86hospital, abortion clinic, or physician's office;
87requiring the agency to adopt rules; amending s.
88390.012, F.S.; conforming a cross-reference; requiring
89the agency to adopt rules that prescribe standards for
90placing conspicuous notice to be provided on the
91premises and on any advertisement of an abortion
92clinic which states that the abortion clinic is
93prohibited from performing abortions in the third
94trimester or after viability; conforming terminology
95to changes made by the act; amending s. 390.014, F.S.;
96prohibiting a person from establishing, conducting,
97managing, or operating a clinic in this state without
98a valid and current license issued by the agency;
99requiring an abortion clinic to be owned and operated
100by a physician who has received training during
101residency in performing a dilation-and-curettage
102procedure or a dilation-and-evacuation procedure or by
103a corporation or limited liability company composed of
104one or more such physicians; providing an exception;
105providing a penalty; amending s. 390.018, F.S.;
106revising the amount of the fine that the agency may
107impose for a violation of ch. 390, F.S., relating to
108abortion, or part II of ch. 408, F.S., relating to
109licensure; amending s. 456.013, F.S.; requiring that
110each applicable board require a physician who offers
111to perform or performs abortions to annually complete
112a course relating to ethics as part of the licensure
113and renewal process; providing that the course counts
114toward the total number of continuing education hours
115required for the profession; requiring the applicable
116board to approve the course; amending s. 765.113,
117F.S.; conforming a cross-reference; repealing ss.
118782.30, 782.32, 782.34, and 782.36, F.S., relating to
119the Partial-Birth Abortion Act; repealing s. 797.02,
120F.S., relating to the advertising of drugs for
121abortions; repealing s. 797.03, F.S., relating to
122prohibited acts related to abortions and their
123penalties; providing for severability; providing an
124effective date.
126Be It Enacted by the Legislature of the State of Florida:
128     Section 1.  Section 390.011, Florida Statutes, is amended
129to read:
130     390.011  Definitions.-As used in this chapter, the term:
131     (1)  "Abortion" means the termination of human pregnancy
132with an intention other than to produce a live birth or to
133remove a dead fetus.
134     (2)  "Abortion clinic" or "clinic" means any facility in
135which abortions are performed. The term does not include:
136     (a)  A hospital; or
137     (b)  A physician's office, provided that the office is not
138used primarily for the performance of abortions.
139     (3)  "Agency" means the Agency for Health Care
141     (4)  "Born alive" means the complete expulsion or
142extraction from the mother of a human infant, at any stage of
143development, who, after such expulsion or extraction, breathes
144or has a beating heart, pulsation of the umbilical cord, or
145definite and voluntary movement of muscles, regardless of
146whether the umbilical cord has been cut and regardless of
147whether the expulsion or extraction occurs as a result of
148natural or induced labor, cesarean section, induced abortion, or
149other method.
150     (5)(4)  "Department" means the Department of Health.
151     (6)  "Health care practitioner" means any person licensed
152under chapter 457; chapter 458; chapter 459; chapter 460;
153chapter 461; chapter 462; chapter 463; chapter 464; chapter 465;
154chapter 466; chapter 467; part I, part II, part III, part V,
155part X, part XIII, or part XIV of chapter 468; chapter 478;
156chapter 480; part III or part IV of chapter 483; chapter 484;
157chapter 486; chapter 490; or chapter 491.
158     (7)(5)  "Hospital" means a facility as defined in s.
159395.002(12) and licensed under chapter 395 and part II of
160chapter 408.
161     (8)  "Medical emergency" means a condition that, on the
162basis of a physician's good faith clinical judgment, so
163complicates the medical condition of a pregnant woman as to
164necessitate the immediate termination of her pregnancy to avert
165her death, or for which a delay in the termination of her
166pregnancy will create serious risk of substantial and
167irreversible impairment of a major bodily function.
168     (9)(6)  "Partial-birth abortion" means an abortion a
169termination of pregnancy in which the physician performing the
170abortion: termination of pregnancy partially vaginally delivers
171a living fetus before killing the fetus and completing the
173     (a)  Deliberately and intentionally vaginally delivers a
174living fetus until, in the case of a head-first presentation,
175the entire fetal head is outside the body of the mother, or, in
176the case of breech presentation, any part of the fetal trunk
177past the navel is outside the body of the mother, for the
178purpose of performing an overt act that the person knows will
179kill the partially delivered living fetus; and
180     (b)  Performs the overt act, other than completion of
181delivery, which kills the partially delivered living fetus.
182     (10)(7)  "Physician" means a physician licensed under
183chapter 458 or chapter 459 or a physician practicing medicine or
184osteopathic medicine in the employment of the United States.
185     (11)(8)  "Third trimester" means the weeks of pregnancy
186after the 24th week of pregnancy.
187     (12)  "Viability" means that stage of fetal development
188when the life of the unborn child may, with a reasonable degree
189of medical probability, be continued indefinitely outside the
191     Section 2.  Section 390.0111, Florida Statutes, is amended
192to read:
193     390.0111  Abortions Termination of pregnancies.-
195VIABILITY; WHEN ALLOWED.-An abortion may not No termination of
196pregnancy shall be performed on any human being in the third
197trimester or after the period at which, in the best medical
198judgment of the physician, the fetus has attained viability of
199pregnancy unless:
200     (a)  Two physicians certify in writing to the fact that, to
201a reasonable degree of medical probability, the abortion
202termination of pregnancy is necessary to prevent the death of
203the pregnant woman or the substantial and irreversible
204impairment of a major bodily function save the life or preserve
205the health of the pregnant woman; or
206     (b)  The physician certifies in writing to the existence of
207a medical emergency medical necessity for legitimate emergency
208medical procedures for termination of pregnancy in the third
209trimester, and another physician is not available for
213     (a)  An abortion may not No termination of pregnancy shall
214be performed at any time except by a physician as defined in s.
216     (b)  A physician who offers to perform or who performs
217abortions in an abortion clinic must annually complete a minimum
218of 3 hours of continuing education related to ethics.
219     (c)  Except in the case of a medical emergency, an abortion
220may not be performed:
221     1.  In the third trimester, or after the fetus has attained
222viability, in a location other than in a hospital.
223     2.  In cases in which subparagraph 1. does not apply, in a
224location other than a hospital, a validly licensed abortion
225clinic, or a physician's office.
226     (3)  CONSENTS REQUIRED.-An abortion A termination of
227pregnancy may not be performed or induced except with the
228voluntary and informed written consent of the pregnant woman or,
229in the case of a mental incompetent, the voluntary and informed
230written consent of her court-appointed guardian.
231     (a)  Except in the case of a medical emergency, consent to
232an abortion a termination of pregnancy is voluntary and informed
233only if the following requirements are completed at least 24
234hours before the abortion is performed:
235     1.  The physician who is to perform the procedure, or the
236referring physician, has, at a minimum, orally, in person,
237informed the woman of:
238     a.  The nature and risks of undergoing or not undergoing
239the proposed procedure which that a reasonable patient would
240consider material to making a knowing and willful decision of
241whether to obtain an abortion terminate a pregnancy.
242     b.  The probable gestational age of the fetus, verified by
243an ultrasound, at the time the abortion termination of pregnancy
244is to be performed.
245     (I)  The ultrasound must be performed by the physician who
246is to perform the abortion or by a person having documented
247evidence that he or she has completed a course in the operation
248of ultrasound equipment as prescribed by rule and who is working
249in conjunction with the physician.
250     (II)  The person performing the ultrasound must offer the
251woman the opportunity to view the live ultrasound images and
252hear an explanation of them. If the woman accepts the
253opportunity to view the images and hear the explanation, a
254physician or a registered nurse, licensed practical nurse,
255advanced registered nurse practitioner, or physician assistant
256working in conjunction with the physician must contemporaneously
257review and explain the images to the woman before the woman
258gives informed consent to having an abortion procedure
260     (III)  The woman has a right to decline to view and hear
261the explanation of the live ultrasound images after she is
262informed of her right and offered an opportunity to view the
263images and hear the explanation. If the woman declines, the
264woman shall complete a form acknowledging that she was offered
265an opportunity to view and hear the explanation of the images
266but that she declined that opportunity. The form must also
267indicate that the woman's decision was not based on any undue
268influence from any person to discourage her from viewing the
269images or hearing the explanation and that she declined of her
270own free will.
271     (IV)  Unless requested by the woman, the person performing
272the ultrasound may not offer the opportunity to view the images
273and hear the explanation and the explanation may not be given
274if, at the time the woman schedules or arrives for her
275appointment to obtain an abortion, a copy of a restraining
276order, police report, medical record, or other court order or
277documentation is presented which provides evidence that the
278woman is obtaining the abortion because the woman is a victim of
279rape, incest, domestic violence, or human trafficking or that
280the woman has been diagnosed as having a condition that, on the
281basis of a physician's good faith clinical judgment, would
282create a serious risk of substantial and irreversible impairment
283of a major bodily function if the woman delayed terminating her
285     c.  The medical risks to the woman and fetus of carrying
286the pregnancy to term.
287     2.  Printed materials prepared and provided by the
288department have been provided to the pregnant woman, if she
289chooses to view these materials, including:
290     a.  A description of the fetus, including a description of
291the various stages of development.
292     b.  A list of entities that offer alternatives to abortion
293terminating the pregnancy.
294     c.  Detailed information on the availability of medical
295assistance benefits for prenatal care, childbirth, and neonatal
297     3.  The woman acknowledges in writing, before the
298termination of pregnancy, that the information required to be
299provided under this subsection has been provided.
301Nothing in This paragraph does not is intended to prohibit a
302physician from providing any additional information that which
303the physician deems material to the woman's informed decision to
304obtain an abortion terminate her pregnancy.
305     (b)  If a medical emergency exists and a physician cannot
306comply with the requirements for informed consent, a physician
307may perform an abortion terminate a pregnancy if he or she has
308obtained at least one corroborative medical opinion attesting to
309the medical necessity for emergency medical procedures and to
310the fact that to a reasonable degree of medical certainty the
311continuation of the pregnancy would threaten the life of the
312pregnant woman. If a second physician is not available for a
313corroborating opinion, the physician may proceed but shall
314document reasons for the medical necessity in the patient's
315medical records.
316     (c)  Violation of this subsection by a physician
317constitutes grounds for disciplinary action under s. 458.331 or
318s. 459.015. Substantial compliance or reasonable belief that
319noncompliance complying with the requirements of this subsection
320is necessary to prevent the death of the pregnant woman or a
321substantial and irreversible impairment of a major bodily
322function of the pregnant woman informed consent would threaten
323the life or health of the patient is a defense to any action
324brought under this paragraph.
326If an abortion a termination of pregnancy is performed during
327viability, a no person who performs or induces the abortion
328termination of pregnancy shall fail to use that degree of
329professional skill, care, and diligence to preserve the life and
330health of the fetus which such person would be required to
331exercise in order to preserve the life and health of any fetus
332intended to be born and not aborted. "Viability" means that
333stage of fetal development when the life of the unborn child may
334with a reasonable degree of medical probability be continued
335indefinitely outside the womb. Notwithstanding the provisions of
336this subsection, the prevention of the death of the pregnant
337woman or a substantial and irreversible impairment of a major
338bodily function of the pregnant woman constitutes the woman's
339life and health shall constitute an overriding and superior
340consideration to the concern for the life and health of the
341fetus when such concerns are in conflict.
343     (a)  A No physician may not shall knowingly perform a
344partial-birth abortion and thereby kill a human fetus.
345     (b)  A woman upon whom a partial-birth abortion is
346performed may not be prosecuted under this section for a
347conspiracy to violate the provisions of this section.
348     (c)  This subsection does shall not apply to a partial-
349birth abortion that is necessary to save the life of a mother
350whose life is endangered by a physical disorder, physical
351illness, or physical injury, including a life-endangering
352physical condition cause by or arising from the pregnancy
353itself, if provided that no other medical procedure would
354suffice for that purpose.
356person may not shall use any live fetus or live, premature
357infant for any type of scientific, research, laboratory, or
358other kind of experimentation before either prior to or
359subsequent to any abortion termination of pregnancy procedure
360except as necessary to protect or preserve the life and health
361of such fetus or premature infant.
362     (7)  FETAL REMAINS.-Fetal remains shall be disposed of in a
363sanitary and appropriate manner and in accordance with standard
364health practices, as provided by rule of the department of
365Health. Failure to dispose of fetal remains in accordance with
366department rules is a misdemeanor of the first second degree,
367punishable as provided in s. 775.082 or s. 775.083.
369PROCEDURE.-Nothing in This section does not shall require any
370hospital or any person to participate in an abortion the
371termination of a pregnancy, and a nor shall any hospital or any
372person is not be liable for such refusal. A No person who is a
373member of, or associated with, the staff of a hospital, or nor
374any employee of a hospital or physician in which or by whom the
375abortion termination of a pregnancy has been authorized or
376performed, who states shall state an objection to such procedure
377on moral or religious grounds is not shall be required to
378participate in the procedure that which will result in the
379abortion termination of pregnancy. The refusal of any such
380person or employee to participate does shall not form the basis
381for any disciplinary or other recriminatory action against such
383     (9)  EXCEPTION.-The provisions of this section do shall not
384apply to the performance of a procedure that which terminates a
385pregnancy in order to deliver a live child.
386     (10)  PENALTIES FOR VIOLATION.-Except as provided in
387subsections (3) and (7):
388     (a)  Any person who willfully performs, or actively
389participates in, an abortion a termination of pregnancy
390procedure in violation of the requirements of this section
391commits a felony of the third degree, punishable as provided in
392s. 775.082, s. 775.083, or s. 775.084.
393     (b)  Any person who performs, or actively participates in,
394an abortion a termination of pregnancy procedure in violation of
395the provisions of this section which results in the death of the
396woman commits a felony of the second degree, punishable as
397provided in s. 775.082, s. 775.083, or s. 775.084.
398     (c)  The department shall permanently revoke the license of
399any licensed health care practitioner who has been convicted or
400found guilty of, or entered a plea of guilty or nolo contendere
401to, regardless of adjudication, a felony as provided in this
405     (a)  The father, if married to the mother at the time she
406receives a partial-birth abortion, and, if the mother has not
407attained the age of 18 years at the time she receives a partial-
408birth abortion, the maternal grandparents of the fetus may, in a
409civil action, obtain appropriate relief, unless the pregnancy
410resulted from the plaintiff's criminal conduct or the plaintiff
411consented to the abortion.
412     (b)  In a civil action under this section, appropriate
413relief includes:
414     1.  Monetary damages for all injuries, psychological and
415physical, occasioned by the violation of subsection (5).
416     2.  Damages equal to three times the cost of the partial-
417birth abortion.
418     (12)  INFANTS BORN ALIVE.-
419     (a)  An infant born alive subsequent to an attempted
420abortion is entitled to the same rights, powers, and privileges
421as are granted by the laws of this state to any other child born
422alive in the course of birth that is not subsequent to an
423attempted abortion.
424     (b)  If an infant is born alive subsequent to an attempted
425abortion, any health care practitioner present at the time shall
426humanely exercise the same degree of professional skill, care,
427and diligence to preserve the life and health of the infant as a
428reasonably diligent and conscientious health care practitioner
429would render to an infant born alive in the course of birth that
430is not subsequent to an attempted abortion.
431     (c)  An abortion may not be attempted pursuant to paragraph
432(1)(a) unless a physician other than the physician performing
433the abortion is in attendance to take control of any infant born
434alive, to provide immediate medical care to the infant, and to
435discharge the obligations imposed by paragraph (b). The
436physician who performs the abortion shall take all reasonable
437steps consistent with the abortion procedure to preserve the
438life and health of the unborn child.
439     (d)  A health care practitioner who has knowledge of a
440violation of this subsection shall report the violation to the
443     (a)  A person may not knowingly advertise, print, publish,
444distribute, or circulate, or knowingly cause to be advertised,
445printed, published, distributed, or circulated, any pamphlet,
446printed paper, book, newspaper notice, advertisement, or
447reference containing words or language giving or conveying any
448notice, hint, or reference to any person, or the name of any
449person, real or fictitious, from whom, or to any place, house,
450shop, or office where any poison, drug, mixture, preparation,
451medicine, or noxious thing, or any instrument or means whatever,
452or any advice, direction, information, or knowledge that may be
453obtained for the purpose of performing an abortion in violation
454of this chapter.
455     (b)  An abortion clinic must provide conspicuous written
456notice on its premises and on any advertisement that the
457abortion clinic is prohibited, except in a medical emergency,
458from performing abortions in the third trimester or after the
459fetus has attained viability.
460     (c)  Any person who violates this subsection commits a
461misdemeanor of the first degree, punishable as provided in s.
462775.082 or s. 775.083.
463     (14)  RESPONSIBILITIES OF THE AGENCY.-Before each regular
464legislative session, the agency shall report aggregate
465statistical data relating to abortions, which has been reported
466to the Division of Reproductive Health within the Centers for
467Disease Control and Prevention, on its website and provide an
468annual report to the Governor, the President of the Senate, and
469the Speaker of the House of Representatives regarding such data.
470Any information required to be reported under this subsection
471must not include any personal identifying information.
472     (15)(12)  FAILURE TO COMPLY.-Failure to comply with the
473requirements of this section constitutes grounds for
474disciplinary action under each respective practice act and under
475s. 456.072.
476     (16)(13)  RULES.-The applicable boards, or the department
477if there is no board, shall adopt rules necessary to implement
478the provisions of this section.
479     Section 3.  Section 390.01114, Florida Statutes, is amended
480to read:
481     390.01114  Parental Notice of Abortion Act.-
482     (1)  SHORT TITLE.-This section may be cited as the
483"Parental Notice of Abortion Act."
484     (2)  DEFINITIONS.-As used in this section, the term:
485     (a)  "Actual notice" means notice that is given directly,
486in person or by telephone, to a parent or legal guardian of a
487minor, by a physician, at least 48 hours before the inducement
488or performance of an abortion a termination of pregnancy, and
489documented in the minor's files.
490     (b)  "Child abuse" means abandonment, abuse, harm, mental
491injury, neglect, physical injury, or sexual abuse of a child as
492those terms are defined in ss. 39.01, 827.04, and 984.03.
493     (c)  "Constructive notice" means notice that is given in
494writing, signed by the physician, and mailed at least 72 hours
495before the inducement or performance of the abortion termination
496of pregnancy, to the last known address of the parent or legal
497guardian of the minor, by first-class mail and by certified
498mail, return receipt requested, and delivery restricted to the
499parent or legal guardian. After the 72 hours have passed,
500delivery is deemed to have occurred.
501     (d)  "Medical emergency" means a condition that, on the
502basis of a physician's good faith clinical judgment, so
503complicates the medical condition of a pregnant woman as to
504necessitate the immediate termination of her pregnancy to avert
505her death, or for which a delay in the termination of her
506pregnancy will create serious risk of substantial and
507irreversible impairment of a major bodily function.
508     (d)(e)  "Sexual abuse" has the meaning ascribed in s.
510     (e)(f)  "Minor" means a person under the age of 18 years.
512     (a)  Actual notice shall be provided by the physician
513performing or inducing an abortion with respect to the
514termination of pregnancy before the performance or inducement of
515the termination of the pregnancy of a minor. The notice may be
516given by a referring physician. The physician who performs or
517induces the abortion termination of pregnancy must receive the
518written statement of the referring physician certifying that the
519referring physician has given notice. If actual notice is not
520possible after a reasonable effort has been made, the physician
521performing or inducing the abortion termination of pregnancy or
522the referring physician must give constructive notice. Notice
523given under this subsection by the physician performing or
524inducing the abortion termination of pregnancy must include the
525name and address of the facility providing the abortion
526termination of pregnancy and the name of the physician providing
527notice. Notice given under this subsection by a referring
528physician must include the name and address of the facility
529where he or she is referring the minor and the name of the
530physician providing notice. If actual notice is provided by
531telephone, the physician must actually speak with the parent or
532guardian, and must record in the minor's medical file the name
533of the parent or guardian provided notice, the phone number
534dialed, and the date and time of the call. If constructive
535notice is given, the physician must document that notice by
536placing copies of any document related to the constructive
537notice, including, but not limited to, a copy of the letter and
538the return receipt, in the minor's medical file. Actual notice
539given by telephone shall be confirmed in writing, signed by the
540physician, and mailed to the last known address of the parent or
541legal guardian of the minor, by first-class mail and by
542certified mail, return receipt requested, with delivery
543restricted to the parent or legal guardian.
544     (b)  Notice is not required if:
545     1.  In the physician's good faith clinical judgment, a
546medical emergency exists and there is insufficient time for the
547attending physician to comply with the notification
548requirements. If a medical emergency exists, the physician shall
549make reasonable attempts, whenever possible, without endangering
550the minor, to contact the parent or legal guardian, and may
551proceed, but must document reasons for the medical necessity in
552the patient's medical records. The physician shall provide
553notice directly, in person or by telephone, to the parent or
554legal guardian, including details of the medical emergency and
555any additional risks to the minor. If the parent or legal
556guardian has not been notified within 24 hours after the
557abortion termination of the pregnancy, the physician shall
558provide notice in writing, including details of the medical
559emergency and any additional risks to the minor, signed by the
560physician, to the last known address of the parent or legal
561guardian of the minor, by first-class mail and by certified
562mail, return receipt requested, with delivery restricted to the
563parent or legal guardian;
564     2.  Notice is waived in writing by the person who is
565entitled to notice and such waiver is notarized, dated not more
566than 30 days before the abortion termination of pregnancy, and
567contains a specific waiver of the right of the parent or legal
568guardian to notice of the minor's abortion termination of
570     3.  Notice is waived by the minor who is or has been
571married or has had the disability of nonage removed under s.
572743.015 or a similar statute of another state;
573     4.  Notice is waived by the patient because the patient has
574a minor child dependent on her; or
575     5.  Notice is waived under subsection (4).
576     (c)  Violation of this subsection by a physician
577constitutes grounds for disciplinary action under s. 458.331 or
578s. 459.015.
580     (a)  A minor may petition any circuit court in which the
581minor resides for a waiver of the notice requirements of
582subsection (3) and may participate in proceedings on her own
583behalf. The petition may be filed under a pseudonym or through
584the use of initials, as provided by court rule. The petition
585must include a statement that the petitioner is pregnant and
586notice has not been waived. The court shall advise the minor
587that she has a right to court-appointed counsel and shall
588provide her with counsel upon her request at no cost to the
590     (b)1.  Court proceedings under this subsection must be
591given precedence over other pending matters to the extent
592necessary to ensure that the court reaches a decision promptly.
593The court shall rule, and issue written findings of fact and
594conclusions of law, within 3 business days after the petition is
595filed, except that the 3-business-day limitation may be extended
596at the request of the minor. If the court fails to rule within
597the 3-business-day period and an extension has not been
598requested, the minor may immediately petition for a hearing upon
599the expiration of the 3-business-day period to the chief judge
600of the circuit, who must ensure a hearing is held within 48
601hours after receipt of the minor's petition and an order is
602entered within 24 hours after the hearing.
603     2.  If the circuit court does not grant judicial waiver of
604notice, the minor has the right to appeal. An appellate court
605must rule within 7 days after receipt of appeal, but a ruling
606may be remanded with further instruction for a ruling within 3
607business days after the remand. The reason for overturning a
608ruling on appeal must be based on abuse of discretion by the
609court and may not be based on the weight of the evidence
610presented to the circuit court since the proceeding is a
611nonadversarial proceeding.
612     (c)  If the court finds, by clear and convincing evidence,
613that the minor is sufficiently mature to decide whether to
614obtain an abortion terminate her pregnancy, the court shall
615issue an order authorizing the minor to consent to the
616performance or inducement of an abortion a termination of
617pregnancy without the notification of a parent or guardian. If
618the court does not make the finding specified in this paragraph
619or paragraph (d), it must dismiss the petition. Factors the
620court shall consider include:
621     1.  The minor's:
622     a.  Age.
623     b.  Overall intelligence.
624     c.  Emotional development and stability.
625     d.  Credibility and demeanor as a witness.
626     e.  Ability to accept responsibility.
627     f.  Ability to assess both the immediate and long-range
628consequences of the minor's choices.
629     g.  Ability to understand and explain the medical risks of
630an abortion terminating her pregnancy and to apply that
631understanding to her decision.
632     2.  Whether there may be any undue influence by another on
633the minor's decision to have an abortion.
634     (d)  If the court finds, by a preponderance of the
635evidence, that the petitioner is the victim of child abuse or
636sexual abuse inflicted by one or both of her parents or her
637guardian, or by clear and convincing evidence that the
638notification of a parent or guardian is not in the best interest
639of the petitioner, the court shall issue an order authorizing
640the minor to consent to the performance or inducement of an
641abortion a termination of pregnancy without the notification of
642a parent or guardian. The best-interest standard does not
643include financial best interest or financial considerations or
644the potential financial impact on the minor or the minor's
645family if the minor does not obtain the abortion terminate the
646pregnancy. If the court finds evidence of child abuse or sexual
647abuse of the minor petitioner by any person, the court shall
648report the evidence of child abuse or sexual abuse of the
649petitioner, as provided in s. 39.201. If the court does not make
650the finding specified in this paragraph or paragraph (c), it
651must dismiss the petition.
652     (e)  A court that conducts proceedings under this section
654     1.  Provide for a written transcript of all testimony and
656     2.  Issue a final written order containing factual findings
657and legal conclusions supporting its decision, including factual
658findings and legal conclusions relating to the maturity of the
659minor as provided under paragraph (c); and
660     3.  Order that a confidential record be maintained, as
661required under s. 390.01116.
662     (f)  All hearings under this section, including appeals,
663shall remain confidential and closed to the public, as provided
664by court rule.
665     (g)  An expedited appeal shall be made available, as the
666Supreme Court provides by rule, to any minor to whom the circuit
667court denies a waiver of notice. An order authorizing an
668abortion a termination of pregnancy without notice is not
669subject to appeal.
670     (h)  Filing fees or court costs may not be required of any
671pregnant minor who petitions a court for a waiver of parental
672notification under this subsection at either the trial or the
673appellate level.
674     (i)  A county is not obligated to pay the salaries, costs,
675or expenses of any counsel appointed by the court under this
677     (5)  PROCEEDINGS.-The Supreme Court is requested to adopt
678rules and forms for petitions to ensure that proceedings under
679subsection (4) are handled expeditiously and in a manner
680consistent with this act. The Supreme Court is also requested to
681adopt rules to ensure that the hearings protect the minor's
682confidentiality and the confidentiality of the proceedings.
683     (6)  REPORT.-The Supreme Court, through the Office of the
684State Courts Administrator, shall report by February 1 of each
685year to the Governor, the President of the Senate, and the
686Speaker of the House of Representatives on the number of
687petitions filed under subsection (4) for the preceding year, and
688the timing and manner of disposal of such petitions by each
689circuit court. For each petition resulting in a waiver of
690notice, the reason for the waiver shall be included in the
692     Section 4.  Section 390.0112, Florida Statutes, is amended
693to read:
694     390.0112  Abortions Termination of pregnancies; reporting.-
695     (1)  The director of any hospital, validly licensed
696abortion clinic, or physician's office medical facility in which
697an abortion is performed any pregnancy is terminated shall
698submit a monthly report each month to the agency on a form
699developed by the agency which is consistent with the U.S.
700Standard Report of Induced Termination of Pregnancy from the
701Centers for Disease Control and Prevention. The report must not
702contain any personal identifying information which contains the
703number of procedures performed, the reason for same, and the
704period of gestation at the time such procedures were performed
705to the agency. The agency shall be responsible for keeping such
706reports in a central place from which statistical data and
707analysis can be made. The agency shall submit reported data to
708the Division of Reproductive Health within the Centers for
709Disease Control and Prevention.
710     (2)  If the abortion termination of pregnancy is not
711performed in a hospital, validly licensed abortion clinic, or
712physician's office medical facility, the physician performing
713the procedure shall report be responsible for reporting such
714information as required in subsection (1).
715     (3)  Reports submitted pursuant to this section shall be
716confidential and exempt from the provisions of s. 119.07(1) and
717shall not be revealed except upon the order of a court of
718competent jurisdiction in a civil or criminal proceeding or as
719required in subsection (1).
720     (4)  Any person required under this section to file a
721report or keep any records who willfully fails to file such
722report or keep such records may be subject to a $200 fine for
723each violation. The agency shall be required to impose such
724fines when reports or records required under this section have
725not been timely received. For purposes of this section, timely
726received is defined as 30 days following the preceding month.
727     (5)  The agency may adopt rules necessary to administer
728this section.
729     Section 5.  Paragraphs (b) and (c) of subsection (1),
730paragraph (a) of subsection (3), and subsection (6) of section
731390.012, Florida Statutes, are amended to read:
732     390.012  Powers of agency; rules; disposal of fetal
734     (1)  The agency may develop and enforce rules pursuant to
735ss. 390.011-390.018 and part II of chapter 408 for the health,
736care, and treatment of persons in abortion clinics and for the
737safe operation of such clinics.
738     (b)  The rules shall be in accordance with s. 390.0111(2)
739s. 797.03 and may not impose an unconstitutional burden on a
740woman's freedom to decide whether to obtain an abortion
741terminate her pregnancy.
742     (c)  The rules shall provide for:
743     1.  The performance of abortion pregnancy termination
744procedures only by a licensed physician.
745     2.  The making, protection, and preservation of patient
746records, which shall be treated as medical records under chapter
748     (3)  For clinics that perform or claim to perform abortions
749after the first trimester of pregnancy, the agency shall adopt
750rules pursuant to ss. 120.536(1) and 120.54 to implement the
751provisions of this chapter, including the following:
752     (a)  Rules for an abortion clinic's physical facilities. At
753a minimum, these rules shall prescribe standards for:
754     1.  Adequate private space that is specifically designated
755for interviewing, counseling, and medical evaluations.
756     2.  Dressing rooms for staff and patients.
757     3.  Appropriate lavatory areas.
758     4.  Areas for preprocedure hand washing.
759     5.  Private procedure rooms.
760     6.  Adequate lighting and ventilation for abortion
762     7.  Surgical or gynecological examination tables and other
763fixed equipment.
764     8.  Postprocedure recovery rooms that are equipped to meet
765the patients' needs.
766     9.  Emergency exits to accommodate a stretcher or gurney.
767     10.  Areas for cleaning and sterilizing instruments.
768     11.  Adequate areas for the secure storage of medical
769records and necessary equipment and supplies.
770     12.  The display in the abortion clinic, in a place that is
771conspicuous to all patients, of the clinic's current license
772issued by the agency.
773     13.  Conspicuous written notice to be provided on the
774premises and on any advertisement of the abortion clinic, which
775must state that the abortion clinic is prohibited, except in a
776medical emergency, from performing abortions in the third
777trimester or after the fetus has attained viability.
778     (6)  The agency may adopt and enforce rules, in the
779interest of protecting the public health, to ensure the prompt
780and proper disposal of fetal remains and tissue resulting from
781an abortion pregnancy termination.
782     Section 6.  Subsection (1) of section 390.014, Florida
783Statutes, is amended, and subsections (5), (6), and (7) are
784added to that section to read:
785     390.014  Licenses; fees.-
786     (1)  The requirements of part II of chapter 408 shall apply
787to the provision of services that require licensure pursuant to
788ss. 390.011-390.018 and part II of chapter 408 and to entities
789licensed by or applying for such licensure from the agency for
790Health Care Administration pursuant to ss. 390.011-390.018. A
791license issued by the agency is required in order to operate a
792clinic in this state.
793     (5)  A person may not establish, conduct, manage, or
794operate a clinic in this state without a valid and current
795license issued by the agency.
796     (6)  A clinic must be wholly owned and operated by one or
797more physicians who received residency training in performing
798dilation-and-curettage and dilation-and-evacuation procedures or
799by a professional corporation or limited liability company
800composed solely of one or more such physicians. This subsection
801does not apply to clinics licensed before July 1, 2012, or to
802the renewal of licenses held by such clinics.
803     (7)  A person who willfully violates subsection (5) or
804subsection (6) commits a misdemeanor of the first degree,
805punishable as provided in s. 775.082 or s. 775.083.
806     Section 7.  Section 390.018, Florida Statutes, is amended
807to read:
808     390.018  Administrative fine.-In addition to the
809requirements of part II of chapter 408, the agency may impose a
810fine upon the clinic in an amount not to exceed $5,000 $1,000
811for each violation of any provision of this chapter, part II of
812chapter 408, or applicable rules.
813     Section 8.  Subsection (7) of section 456.013, Florida
814Statutes, is amended to read:
815     456.013  Department; general licensing provisions.-
816     (7)(a)  The boards, or the department when there is no
817board, shall require the completion of a 2-hour course relating
818to prevention of medical errors as part of the licensure and
819renewal process. The 2-hour course shall count towards the total
820number of continuing education hours required for the
821profession. The course shall be approved by the board or
822department, as appropriate, and shall include a study of root-
823cause analysis, error reduction and prevention, and patient
824safety. In addition, the course approved by the Board of
825Medicine and the Board of Osteopathic Medicine shall include
826information relating to the five most misdiagnosed conditions
827during the previous biennium, as determined by the board. If the
828course is being offered by a facility licensed pursuant to
829chapter 395 for its employees, the board may approve up to 1
830hour of the 2-hour course to be specifically related to error
831reduction and prevention methods used in that facility.
832     (b)  In accordance with s. 390.0111, the board, or the
833department if there is no board, shall require a physician who
834offers to perform or performs abortions in an abortion clinic to
835annually complete a 3-hour course related to ethics as part of
836the licensure and renewal process. The 3-hour course shall count
837toward the total number of continuing education hours required
838for the profession. The applicable board, or the department if
839there is no board, shall approve the course, as appropriate.
840     Section 9.  Section 765.113, Florida Statutes, is amended
841to read:
842     765.113  Restrictions on providing consent.-Unless the
843principal expressly delegates such authority to the surrogate in
844writing, or a surrogate or proxy has sought and received court
845approval pursuant to rule 5.900 of the Florida Probate Rules, a
846surrogate or proxy may not provide consent for:
847     (1)  Abortion, sterilization, electroshock therapy,
848psychosurgery, experimental treatments that have not been
849approved by a federally approved institutional review board in
850accordance with 45 C.F.R. part 46 or 21 C.F.R. part 56, or
851voluntary admission to a mental health facility.
852     (2)  Withholding or withdrawing life-prolonging procedures
853from a pregnant patient prior to viability as defined in s.
854390.011 s. 390.0111(4).
855     Section 10.  Section 782.30, Florida Statutes, is repealed.
856     Section 11.  Section 782.32, Florida Statutes, is repealed.
857     Section 12.  Section 782.34, Florida Statutes, is repealed.
858     Section 13.  Section 782.36, Florida Statutes, is repealed.
859     Section 14.  Section 797.02, Florida Statutes, is repealed.
860     Section 15.  Section 797.03, Florida Statutes, is repealed.
861     Section 16.  If any provision of this act or its
862application to any person or circumstance is held invalid, the
863invalidity does not affect other provisions or applications of
864the act which can be given effect without the invalid provision
865or application, and to this end the provisions of this act are
867     Section 17.  This act shall take effect July 1, 2012.

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