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.
43
44 Be It Enacted by the Legislature of the State of Florida:
45
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.—
183 (1) TERMINATION AFTER GESTATIONAL AGE OF 6 15 WEEKS; WHEN
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.
216 (2) IN-PERSON PERFORMANCE BY PHYSICIAN REQUIRED.—Only a
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).