Florida Senate - 2023                                     SB 300
       By Senator Grall
       29-01825E-23                                           2023300__
    1                        A bill to be entitled                      
    2         An act relating to pregnancy and parenting support;
    3         creating s. 286.31, F.S.; defining the terms
    4         “educational institution” and “governmental entity”;
    5         prohibiting any person, governmental entity, or
    6         educational institution from expending state funds for
    7         a specified purpose; providing exceptions; amending s.
    8         381.96, F.S.; revising the definitions of the terms
    9         “eligible client” and “pregnancy and parenting support
   10         services”; requiring the Department of Health to
   11         contract for the management and delivery of parenting
   12         support services, in addition to pregnancy support
   13         services; revising the contract requirements to
   14         conform to changes made by the act; requiring the
   15         department to report specified information to the
   16         Governor and the Legislature by a specified date each
   17         year; amending s. 390.0111, F.S.; prohibiting
   18         physicians from knowingly performing or inducing a
   19         termination of pregnancy after the gestational age of
   20         the fetus is determined to be more than 6 weeks,
   21         rather than 15 weeks, with exceptions; providing an
   22         exception if the woman obtaining the abortion is doing
   23         so because she is a victim of rape or incest, subject
   24         to certain conditions; requiring physicians to report
   25         incidents of rape or incest of minors to the central
   26         abuse hotline; prohibiting any person other than a
   27         physician from inducing a termination of pregnancy;
   28         prohibiting physicians from using telehealth to
   29         perform abortions; requiring that medications intended
   30         for use in a medical abortion be dispensed in person
   31         by a physician; prohibiting the dispensing of such
   32         medication through the United States Postal Service or
   33         any other courier or shipping service; conforming
   34         provisions to changes made by the act; repealing s.
   35         390.01112, F.S., relating to termination of
   36         pregnancies during viability; amending s. 390.012,
   37         F.S.; revising rules the Agency for Health Care
   38         Administration may develop and enforce to regulate
   39         abortion clinics; amending s. 456.47, F.S.;
   40         prohibiting telehealth providers from using telehealth
   41         to provide abortions; providing appropriations;
   42         providing effective dates.
   44  Be It Enacted by the Legislature of the State of Florida:
   46         Section 1. Section 286.31, Florida Statutes, is created to
   47  read:
   48         286.31 Prohibited use of state funds.—
   49         (1) As used in this section, the term:
   50         (a)Educational institution” means public institutions
   51  under the control of a district school board, a charter school,
   52  a state university, a developmental research school, a Florida
   53  College System institution, the Florida School for the Deaf and
   54  the Blind, the Florida Virtual School, private school readiness
   55  programs, voluntary prekindergarten programs, private K-12
   56  schools, and private colleges and universities.
   57         (b)“Governmental entity” means the state or any political
   58  subdivision thereof, including the executive, legislative, and
   59  judicial branches of government; the independent establishments
   60  of the state, counties, municipalities, districts, authorities,
   61  boards, or commissions; and any agencies that are subject to
   62  chapter 286.
   63         (2) Any person, governmental entity, or educational
   64  institution may not expend state funds as defined in s. 215.31
   65  in any manner for a person to travel to another state to receive
   66  services that are intended to support an abortion as defined in
   67  s. 390.011, unless:
   68         (a)The person, governmental entity, or educational
   69  institution is required by federal law to expend state funds for
   70  such a purpose; or
   71         (b)There is a medical necessity for legitimate emergency
   72  medical procedures for termination of the pregnancy to save the
   73  pregnant woman’s life or to avert a serious risk of imminent
   74  substantial and irreversible physical impairment of a major
   75  bodily function of the pregnant woman other than a psychological
   76  condition.
   77         Section 2. Effective upon this act becoming a law, section
   78  381.96, Florida Statutes, is amended to read:
   79         381.96 Pregnancy support and wellness services.—
   80         (1) DEFINITIONS.—As used in this section, the term:
   81         (a) “Department” means the Department of Health.
   82         (b) “Eligible client” means any of the following:
   83         1. A pregnant woman or a woman who suspects she is
   84  pregnant, and the family of such woman, who voluntarily seeks
   85  pregnancy support services and any woman who voluntarily seeks
   86  wellness services.
   87         2.A woman who has given birth in the previous 12 months
   88  and her family.
   89         3.A parent or parents or a legal guardian or legal
   90  guardians, and the families of such parents and legal guardians,
   91  for up to 12 months after the birth of a child or the adoption
   92  of a child younger than 3 years of age.
   93         (c) “Florida Pregnancy Care Network, Inc.,” or “network”
   94  means the not-for-profit statewide alliance of pregnancy support
   95  organizations that provide pregnancy support and wellness
   96  services through a comprehensive system of care to women and
   97  their families.
   98         (d) “Pregnancy and parenting support services” means
   99  services that promote and encourage childbirth, including, but
  100  not limited to:
  101         1. Direct client services, such as pregnancy testing,
  102  counseling, referral, training, and education for pregnant women
  103  and their families. A woman and her family shall continue to be
  104  eligible to receive direct client services for up to 12 months
  105  after the birth of the child.
  106         2. Nonmedical material assistance that improves the
  107  pregnancy or parenting situation of families, including, but not
  108  limited to, clothing, car seats, cribs, formula, and diapers.
  109         3.Counseling or mentoring, education materials, and
  110  classes regarding pregnancy, parenting, adoption, life skills,
  111  and employment readiness.
  112         4.Network Program awareness activities, including a
  113  promotional campaign to educate the public about the pregnancy
  114  support services offered by the network and a website that
  115  provides information on the location of providers in the user’s
  116  area and other available community resources.
  117         5.3. Communication activities, including the operation and
  118  maintenance of a hotline or call center with a single statewide
  119  toll-free number that is available 24 hours a day for an
  120  eligible client to obtain the location and contact information
  121  for a pregnancy center located in the client’s area.
  122         (e) “Wellness services” means services or activities
  123  intended to maintain and improve health or prevent illness and
  124  injury, including, but not limited to, high blood pressure
  125  screening, anemia testing, thyroid screening, cholesterol
  126  screening, diabetes screening, and assistance with smoking
  127  cessation.
  128         (2) DEPARTMENT DUTIES.—The department shall contract with
  129  the network for the management and delivery of pregnancy and
  130  parenting support services and wellness services to eligible
  131  clients.
  132         (3) CONTRACT REQUIREMENTS.—The department contract shall
  133  specify the contract deliverables, including financial reports
  134  and other reports due to the department, timeframes for
  135  achieving contractual obligations, and any other requirements
  136  the department determines are necessary, such as staffing and
  137  location requirements. The contract shall require the network
  138  to:
  139         (a) Establish, implement, and monitor a comprehensive
  140  system of care through subcontractors to meet the pregnancy and
  141  parenting support and wellness needs of eligible clients.
  142         (b) Establish and manage subcontracts with a sufficient
  143  number of providers to ensure the availability of pregnancy and
  144  parenting support services and wellness services for eligible
  145  clients, and maintain and manage the delivery of such services
  146  throughout the contract period.
  147         (c) Spend at least 85 90 percent of the contract funds on
  148  pregnancy and parenting support services, excluding services
  149  specified in subparagraph (1)(d)4., and wellness services.
  150         (d) Offer wellness services through vouchers or other
  151  appropriate arrangements that allow the purchase of services
  152  from qualified health care providers.
  153         (e) Require a background screening under s. 943.0542 for
  154  all paid staff and volunteers of a subcontractor if such staff
  155  or volunteers provide direct client services to an eligible
  156  client who is a minor or an elderly person or who has a
  157  disability.
  158         (f) Annually monitor its subcontractors and specify the
  159  sanctions that shall be imposed for noncompliance with the terms
  160  of a subcontract.
  161         (g) Subcontract only with providers that exclusively
  162  promote and support childbirth.
  163         (h) Ensure that informational materials provided to an
  164  eligible client by a provider are current and accurate and cite
  165  the reference source of any medical statement included in such
  166  materials.
  167         (i)Ensure that the department is provided with all
  168  information necessary for the report required under subsection
  169  (5).
  170         (4) SERVICES.—Services provided pursuant to this section
  171  must be provided in a noncoercive manner and may not include any
  172  religious content.
  173         (5)REPORT.—By July 1, 2024, and each year thereafter, the
  174  department shall report to the Governor, the President of the
  175  Senate, and the Speaker of the House of Representatives on the
  176  amount and types of services provided by the network; the
  177  expenditures for such services; and the number of, and
  178  demographic information for, women, parents, and families served
  179  by the network.
  180         Section 3. Subsections (1), (2), (10), and (13) of section
  181  390.0111, Florida Statutes, are amended to read:
  182         390.0111 Termination of pregnancies.—
  184  ALLOWED.—A physician may not knowingly perform or induce a
  185  termination of pregnancy if the physician determines the
  186  gestational age of the fetus is more than 6 15 weeks unless one
  187  of the following conditions is met:
  188         (a) Two physicians certify in writing that, in reasonable
  189  medical judgment, the termination of the pregnancy is necessary
  190  to save the pregnant woman’s life or avert a serious risk of
  191  substantial and irreversible physical impairment of a major
  192  bodily function of the pregnant woman other than a psychological
  193  condition.
  194         (b) The physician certifies in writing that, in reasonable
  195  medical judgment, there is a medical necessity for legitimate
  196  emergency medical procedures for termination of the pregnancy to
  197  save the pregnant woman’s life or avert a serious risk of
  198  imminent substantial and irreversible physical impairment of a
  199  major bodily function of the pregnant woman other than a
  200  psychological condition, and another physician is not available
  201  for consultation.
  202         (c) The pregnancy has not progressed to the third trimester
  203  fetus has not achieved viability under s. 390.01112 and two
  204  physicians certify in writing that, in reasonable medical
  205  judgment, the fetus has a fatal fetal abnormality.
  206         (d)The pregnancy is the result of rape or incest and the
  207  gestational age of the fetus is not more than 15 weeks as
  208  determined by the physician. At the time the woman schedules or
  209  arrives for her appointment to obtain the abortion, she must
  210  provide a copy of a restraining order, police report, medical
  211  record, or other court order or documentation providing evidence
  212  that she is obtaining the termination of pregnancy because she
  213  is a victim of rape or incest. If the woman is a minor, the
  214  physician must report the incident of rape or incest to the
  215  central abuse hotline as required by s. 39.201.
  217  physician may perform or induce a No termination of pregnancy
  218  shall be performed at any time except by a physician as defined
  219  in s. 390.011. A physician may not use telehealth as defined in
  220  s. 456.47 to perform an abortion, including, but not limited to,
  221  medical abortions. Any medications intended for use in a medical
  222  abortion must be dispensed in person by a physician and may not
  223  be dispensed through the United States Postal Service or by any
  224  other courier or shipping service.
  225         (10) PENALTIES FOR VIOLATION.—Except as provided in
  226  subsections (3), (7), and (12):
  227         (a) Any person who willfully performs, or actively
  228  participates in, a termination of pregnancy in violation of the
  229  requirements of this section or s. 390.01112 commits a felony of
  230  the third degree, punishable as provided in s. 775.082, s.
  231  775.083, or s. 775.084.
  232         (b) Any person who performs, or actively participates in, a
  233  termination of pregnancy in violation of this section or s.
  234  390.01112 which results in the death of the woman commits a
  235  felony of the second degree, punishable as provided in s.
  236  775.082, s. 775.083, or s. 775.084.
  237         (13) FAILURE TO COMPLY.—Failure to comply with the
  238  requirements of this section or s. 390.01112 constitutes grounds
  239  for disciplinary action under each respective practice act and
  240  under s. 456.072.
  241         Section 4. Section 390.01112, Florida Statutes, is
  242  repealed.
  243         Section 5. Subsection (1) of section 390.012, Florida
  244  Statutes, is amended to read:
  245         390.012 Powers of agency; rules; disposal of fetal
  246  remains.—
  247         (1) The agency may develop and enforce rules pursuant to
  248  ss. 390.011-390.018 and part II of chapter 408 for the health,
  249  care, and treatment of persons in abortion clinics and for the
  250  safe operation of such clinics.
  251         (a) The rules must shall be reasonably related to the
  252  preservation of maternal health of the clients and must.
  253         (b) The rules shall be in accordance with s. 797.03 and may
  254  not impose an unconstitutional burden on a woman’s freedom to
  255  decide whether to terminate her pregnancy.
  256         (c) The rules shall provide for:
  257         (a)1. The performance of pregnancy termination procedures
  258  only by a licensed physician.
  259         (b)2. The making, protection, and preservation of patient
  260  records, which must shall be treated as medical records under
  261  chapter 458. When performing a license inspection of a clinic,
  262  the agency shall inspect at least 50 percent of patient records
  263  generated since the clinic’s last license inspection.
  264         (c)3. Annual inspections by the agency of all clinics
  265  licensed under this chapter to ensure that such clinics are in
  266  compliance with this chapter and agency rules.
  267         (d)4. The prompt investigation of credible allegations of
  268  abortions being performed at a clinic that is not licensed to
  269  perform such procedures.
  270         Section 6. Paragraph (f) is added to subsection (2) of
  271  section 456.47, Florida Statutes, to read:
  272         456.47 Use of telehealth to provide services.—
  273         (2) PRACTICE STANDARDS.—
  274         (f) A telehealth provider may not use telehealth to perform
  275  an abortion, including, but not limited to, medical abortions as
  276  defined in s. 390.011.
  277         Section 7. (1)For the 2023-2024 fiscal year:
  278         (a)In addition to any funds appropriated in the General
  279  Appropriations Act, the sum of $5 million in recurring funds
  280  from the General Revenue Fund is appropriated to the Department
  281  of Health for the purpose of implementing s. 381.0051(3), (4),
  282  and (6), Florida Statutes.
  283         (b)The sum of $25 million in recurring funds from the
  284  General Revenue Fund is appropriated to the Department of Health
  285  for the purpose of implementing s. 381.96, Florida Statutes.
  286         (2)This section takes effect upon this act becoming a law.
  287         Section 8. Except as otherwise expressly provided in this
  288  act and except for this section, which shall take effect upon
  289  this act becoming a law, this act shall take effect 30 days
  290  after any of the following occurs: a decision by the Florida
  291  Supreme Court holding that the right to privacy enshrined in s.
  292  23, Article I of the State Constitution does not include a right
  293  to abortion; a decision by the Florida Supreme Court in Planned
  294  Parenthood v. State, SC2022-1050, that allows the prohibition on
  295  abortions after 15 weeks in s. 390.0111(1), Florida Statutes, to
  296  remain in effect, including a decision approving, in whole or in
  297  part, the First District Court of Appeal’s decision under review
  298  or a decision discharging jurisdiction; an amendment to the
  299  State Constitution clarifying that s. 23, Article I of the State
  300  Constitution does not include a right to abortion; or a decision
  301  from the Florida Supreme Court after March 7, 2023, receding, in
  302  whole or in part, from In re T.W., 551 So. 2d 1186 (Fla. 1989),
  303  North Fla. Women’s Health v. State, 866 So. 2d 612 (Fla. 2003),
  304  or Gainesville Woman Care, LLC v. State, 210 So. 3d 1243 (Fla.
  305  2017).