Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. SB 300
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 3/F/2R          .                                
             03/30/2023 04:28 PM       .                                

       Senator Berman moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 74 - 200
    4  and insert:
    5  substantial and irreversible physical or mental impairment of a
    6  major bodily or psychological function of the pregnant woman.
    7         Section 2. Effective upon this act becoming a law, section
    8  381.96, Florida Statutes, is amended to read:
    9         381.96 Pregnancy support and wellness services.—
   10         (1) DEFINITIONS.—As used in this section, the term:
   11         (a) “Department” means the Department of Health.
   12         (b) “Eligible client” means any of the following:
   13         1. A pregnant woman or a woman who suspects she is
   14  pregnant, and the family of such woman, who voluntarily seeks
   15  pregnancy support services and any woman who voluntarily seeks
   16  wellness services.
   17         2.A woman who has given birth in the previous 12 months
   18  and her family.
   19         3.A parent or parents or a legal guardian or legal
   20  guardians, and the families of such parents and legal guardians,
   21  for up to 12 months after the birth of a child or the adoption
   22  of a child younger than 3 years of age.
   23         (c) “Florida Pregnancy Care Network, Inc.,” or “network”
   24  means the not-for-profit statewide alliance of pregnancy support
   25  organizations that provide pregnancy support and wellness
   26  services through a comprehensive system of care to women and
   27  their families.
   28         (d) “Pregnancy and parenting support services” means
   29  services that promote and encourage childbirth, including, but
   30  not limited to:
   31         1. Direct client services, such as pregnancy testing,
   32  counseling, referral, training, and education for pregnant women
   33  and their families. A woman and her family shall continue to be
   34  eligible to receive direct client services for up to 12 months
   35  after the birth of the child.
   36         2. Nonmedical material assistance that improves the
   37  pregnancy or parenting situation of families, including, but not
   38  limited to, clothing, car seats, cribs, formula, and diapers.
   39         3.Counseling or mentoring, education materials, and
   40  classes regarding pregnancy, parenting, adoption, life skills,
   41  and employment readiness.
   42         4.Network Program awareness activities, including a
   43  promotional campaign to educate the public about the pregnancy
   44  and parenting support services offered by the network and a
   45  website that provides information on the location of providers
   46  in the user’s area and other available community resources.
   47         5.3. Communication activities, including the operation and
   48  maintenance of a hotline or call center with a single statewide
   49  toll-free number that is available 24 hours a day for an
   50  eligible client to obtain the location and contact information
   51  for a pregnancy center located in the client’s area.
   52         (e) “Wellness services” means services or activities
   53  intended to maintain and improve health or prevent illness and
   54  injury, including, but not limited to, high blood pressure
   55  screening, anemia testing, thyroid screening, cholesterol
   56  screening, diabetes screening, and assistance with smoking
   57  cessation.
   58         (2) DEPARTMENT DUTIES.—The department shall contract with
   59  the network for the management and delivery of pregnancy and
   60  parenting support services and wellness services to eligible
   61  clients.
   62         (3) CONTRACT REQUIREMENTS.—The department contract shall
   63  specify the contract deliverables, including financial reports
   64  and other reports due to the department, timeframes for
   65  achieving contractual obligations, and any other requirements
   66  the department determines are necessary, such as staffing and
   67  location requirements. The contract shall require the network
   68  to:
   69         (a) Establish, implement, and monitor a comprehensive
   70  system of care through subcontractors to meet the pregnancy and
   71  parenting support and wellness needs of eligible clients.
   72         (b) Establish and manage subcontracts with a sufficient
   73  number of providers to ensure the availability of pregnancy and
   74  parenting support services and wellness services for eligible
   75  clients, and maintain and manage the delivery of such services
   76  throughout the contract period.
   77         (c) Spend at least 85 90 percent of the contract funds on
   78  pregnancy and parenting support services, excluding services
   79  specified in subparagraph (1)(d)4., and wellness services.
   80         (d) Offer wellness services through vouchers or other
   81  appropriate arrangements that allow the purchase of services
   82  from qualified health care providers.
   83         (e) Require a background screening under s. 943.0542 for
   84  all paid staff and volunteers of a subcontractor if such staff
   85  or volunteers provide direct client services to an eligible
   86  client who is a minor or an elderly person or who has a
   87  disability.
   88         (f) Annually monitor its subcontractors and specify the
   89  sanctions that shall be imposed for noncompliance with the terms
   90  of a subcontract.
   91         (g) Subcontract only with providers that exclusively
   92  promote and support childbirth.
   93         (h) Ensure that informational materials provided to an
   94  eligible client by a provider are current and accurate and cite
   95  the reference source of any medical statement included in such
   96  materials.
   97         (i)Ensure that the department is provided with all
   98  information necessary for the report required under subsection
   99  (5).
  100         (4) SERVICES.—Services provided pursuant to this section
  101  must be provided in a noncoercive manner and may not include any
  102  religious content.
  103         (5)REPORT.—By July 1, 2024, and each year thereafter, the
  104  department shall report to the Governor, the President of the
  105  Senate, and the Speaker of the House of Representatives on the
  106  amount and types of services provided by the network; the
  107  expenditures for such services; and the number of, and
  108  demographic information for, women, parents, and families served
  109  by the network.
  110         Section 3. Subsections (1), (2), (10), and (13) of section
  111  390.0111, Florida Statutes, are amended to read:
  112         390.0111 Termination of pregnancies.—
  114  ALLOWED.—A physician may not knowingly perform or induce a
  115  termination of pregnancy if the physician determines the
  116  gestational age of the fetus is more than 6 15 weeks unless one
  117  of the following conditions is met:
  118         (a) Two physicians certify in writing that, in reasonable
  119  medical judgment, the termination of the pregnancy is necessary
  120  to save the pregnant woman’s life or avert a serious risk of
  121  substantial and irreversible physical or mental impairment of a
  122  major bodily or psychological function of the pregnant woman
  123  other than a psychological condition.
  124         (b) The physician certifies in writing that, in reasonable
  125  medical judgment, there is a medical necessity for legitimate
  126  emergency medical procedures for termination of the pregnancy to
  127  save the pregnant woman’s life or avert a serious risk of
  128  imminent substantial and irreversible physical or mental
  129  impairment of a major bodily or psychological function of the
  130  pregnant woman other than a psychological condition, and another
  131  physician is not available
  133  ================= T I T L E  A M E N D M E N T ================
  134  And the title is amended as follows:
  135         Delete line 21
  136  and insert:
  137         rather than 15 weeks; revising exceptions; providing
  138         an