SB 300                                           First Engrossed
    1                        A bill to be entitled                      
    2         An act relating to pregnancy and parenting support;
    3         providing a short title; creating s. 286.31, F.S.;
    4         defining the terms “educational institution” and
    5         “governmental entity”; prohibiting any person,
    6         governmental entity, or educational institution from
    7         expending state funds for a specified purpose;
    8         providing exceptions; amending s. 381.96, F.S.;
    9         revising the definitions of the terms “eligible
   10         client” and “pregnancy and parenting support
   11         services”; requiring the Department of Health to
   12         contract for the management and delivery of parenting
   13         support services, in addition to pregnancy support
   14         services; revising the contract requirements to
   15         conform to changes made by the act; requiring the
   16         department to report specified information to the
   17         Governor and the Legislature by a specified date each
   18         year; amending s. 390.0111, F.S.; prohibiting
   19         physicians from knowingly performing or inducing a
   20         termination of pregnancy after the gestational age of
   21         the fetus is determined to be more than 6 weeks,
   22         rather than 15 weeks, with exceptions; providing an
   23         exception if the woman obtaining the abortion is doing
   24         so because she is a victim of rape, incest, or human
   25         trafficking, subject to certain conditions; requiring
   26         physicians to report known or suspected human
   27         trafficking of adults to local law enforcement;
   28         requiring physicians to report incidents of rape,
   29         incest, or human trafficking of minors to the central
   30         abuse hotline; prohibiting any person other than a
   31         physician from inducing a termination of pregnancy;
   32         prohibiting physicians from using telehealth to
   33         perform abortions; requiring that medications intended
   34         for use in a medical abortion be dispensed in person
   35         by a physician; prohibiting the dispensing of such
   36         medication through the United States Postal Service or
   37         any other courier or shipping service; conforming
   38         provisions to changes made by the act; repealing s.
   39         390.01112, F.S., relating to termination of
   40         pregnancies during viability; amending s. 390.012,
   41         F.S.; revising rules the Agency for Health Care
   42         Administration may develop and enforce to regulate
   43         abortion clinics; amending s. 456.47, F.S.;
   44         prohibiting telehealth providers from using telehealth
   45         to provide abortions; providing appropriations;
   46         providing effective dates.
   48  Be It Enacted by the Legislature of the State of Florida:
   50         Section 1. This act may be cited as the “Heartbeat
   51  Protection Act.”
   52         Section 2. Section 286.31, Florida Statutes, is created to
   53  read:
   54         286.31 Prohibited use of state funds.—
   55         (1) As used in this section, the term:
   56         (a)Educational institution” means public institutions
   57  under the control of a district school board, a charter school,
   58  a state university, a developmental research school, a Florida
   59  College System institution, the Florida School for the Deaf and
   60  the Blind, the Florida Virtual School, private school readiness
   61  programs, voluntary prekindergarten programs, private K-12
   62  schools, and private colleges and universities.
   63         (b)“Governmental entity” means the state or any political
   64  subdivision thereof, including the executive, legislative, and
   65  judicial branches of government; the independent establishments
   66  of the state, counties, municipalities, districts, authorities,
   67  boards, or commissions; and any agencies that are subject to
   68  chapter 286.
   69         (2) Any person, governmental entity, or educational
   70  institution may not expend state funds as defined in s. 215.31
   71  in any manner for a person to travel to another state to receive
   72  services that are intended to support an abortion as defined in
   73  s. 390.011, unless:
   74         (a)The person, governmental entity, or educational
   75  institution is required by federal law to expend state funds for
   76  such a purpose; or
   77         (b)There is a medical necessity for legitimate emergency
   78  medical procedures for termination of the pregnancy to save the
   79  pregnant woman’s life or to avert a serious risk of imminent
   80  substantial and irreversible physical impairment of a major
   81  bodily function of the pregnant woman other than a psychological
   82  condition.
   83         Section 3. Effective upon this act becoming a law, section
   84  381.96, Florida Statutes, is amended to read:
   85         381.96 Pregnancy support and wellness services.—
   86         (1) DEFINITIONS.—As used in this section, the term:
   87         (a) “Department” means the Department of Health.
   88         (b) “Eligible client” means any of the following:
   89         1. A pregnant woman or a woman who suspects she is
   90  pregnant, and the family of such woman, who voluntarily seeks
   91  pregnancy support services and any woman who voluntarily seeks
   92  wellness services.
   93         2.A woman who has given birth in the previous 12 months
   94  and her family.
   95         3.A parent or parents or a legal guardian or legal
   96  guardians, and the families of such parents and legal guardians,
   97  for up to 12 months after the birth of a child or the adoption
   98  of a child younger than 3 years of age.
   99         (c) “Florida Pregnancy Care Network, Inc.,” or “network”
  100  means the not-for-profit statewide alliance of pregnancy support
  101  organizations that provide pregnancy support and wellness
  102  services through a comprehensive system of care to women and
  103  their families.
  104         (d) “Pregnancy and parenting support services” means
  105  services that promote and encourage childbirth, including, but
  106  not limited to:
  107         1. Direct client services, such as pregnancy testing,
  108  counseling, referral, training, and education for pregnant women
  109  and their families. A woman and her family shall continue to be
  110  eligible to receive direct client services for up to 12 months
  111  after the birth of the child.
  112         2. Nonmedical material assistance that improves the
  113  pregnancy or parenting situation of families, including, but not
  114  limited to, clothing, car seats, cribs, formula, and diapers.
  115         3.Counseling or mentoring, education materials, and
  116  classes regarding pregnancy, parenting, adoption, life skills,
  117  and employment readiness.
  118         4.Network Program awareness activities, including a
  119  promotional campaign to educate the public about the pregnancy
  120  support services offered by the network and a website that
  121  provides information on the location of providers in the user’s
  122  area and other available community resources.
  123         5.3. Communication activities, including the operation and
  124  maintenance of a hotline or call center with a single statewide
  125  toll-free number that is available 24 hours a day for an
  126  eligible client to obtain the location and contact information
  127  for a pregnancy center located in the client’s area.
  128         (e) “Wellness services” means services or activities
  129  intended to maintain and improve health or prevent illness and
  130  injury, including, but not limited to, high blood pressure
  131  screening, anemia testing, thyroid screening, cholesterol
  132  screening, diabetes screening, and assistance with smoking
  133  cessation.
  134         (2) DEPARTMENT DUTIES.—The department shall contract with
  135  the network for the management and delivery of pregnancy and
  136  parenting support services and wellness services to eligible
  137  clients.
  138         (3) CONTRACT REQUIREMENTS.—The department contract shall
  139  specify the contract deliverables, including financial reports
  140  and other reports due to the department, timeframes for
  141  achieving contractual obligations, and any other requirements
  142  the department determines are necessary, such as staffing and
  143  location requirements. The contract shall require the network
  144  to:
  145         (a) Establish, implement, and monitor a comprehensive
  146  system of care through subcontractors to meet the pregnancy and
  147  parenting support and wellness needs of eligible clients.
  148         (b) Establish and manage subcontracts with a sufficient
  149  number of providers to ensure the availability of pregnancy and
  150  parenting support services and wellness services for eligible
  151  clients, and maintain and manage the delivery of such services
  152  throughout the contract period.
  153         (c) Spend at least 85 90 percent of the contract funds on
  154  pregnancy and parenting support services, excluding services
  155  specified in subparagraph (1)(d)4., and wellness services.
  156         (d) Offer wellness services through vouchers or other
  157  appropriate arrangements that allow the purchase of services
  158  from qualified health care providers.
  159         (e) Require a background screening under s. 943.0542 for
  160  all paid staff and volunteers of a subcontractor if such staff
  161  or volunteers provide direct client services to an eligible
  162  client who is a minor or an elderly person or who has a
  163  disability.
  164         (f) Annually monitor its subcontractors and specify the
  165  sanctions that shall be imposed for noncompliance with the terms
  166  of a subcontract.
  167         (g) Subcontract only with providers that exclusively
  168  promote and support childbirth.
  169         (h) Ensure that informational materials provided to an
  170  eligible client by a provider are current and accurate and cite
  171  the reference source of any medical statement included in such
  172  materials.
  173         (i)Ensure that the department is provided with all
  174  information necessary for the report required under subsection
  175  (5).
  176         (4) SERVICES.—Services provided pursuant to this section
  177  must be provided in a noncoercive manner and may not include any
  178  religious content.
  179         (5)REPORT.—By July 1, 2024, and each year thereafter, the
  180  department shall report to the Governor, the President of the
  181  Senate, and the Speaker of the House of Representatives on the
  182  amount and types of services provided by the network; the
  183  expenditures for such services; and the number of, and
  184  demographic information for, women, parents, and families served
  185  by the network.
  186         Section 4. Subsections (1), (2), (10), and (13) of section
  187  390.0111, Florida Statutes, are amended to read:
  188         390.0111 Termination of pregnancies.—
  190  ALLOWED.—A physician may not knowingly perform or induce a
  191  termination of pregnancy if the physician determines the
  192  gestational age of the fetus is more than 6 15 weeks unless one
  193  of the following conditions is met:
  194         (a) Two physicians certify in writing that, in reasonable
  195  medical judgment, the termination of the pregnancy is necessary
  196  to save the pregnant woman’s life or avert a serious risk of
  197  substantial and irreversible physical impairment of a major
  198  bodily function of the pregnant woman other than a psychological
  199  condition.
  200         (b) The physician certifies in writing that, in reasonable
  201  medical judgment, there is a medical necessity for legitimate
  202  emergency medical procedures for termination of the pregnancy to
  203  save the pregnant woman’s life or avert a serious risk of
  204  imminent substantial and irreversible physical impairment of a
  205  major bodily function of the pregnant woman other than a
  206  psychological condition, and another physician is not available
  207  for consultation.
  208         (c) The pregnancy has not progressed to the third trimester
  209  fetus has not achieved viability under s. 390.01112 and two
  210  physicians certify in writing that, in reasonable medical
  211  judgment, the fetus has a fatal fetal abnormality.
  212         (d) The pregnancy is the result of rape, incest, or human
  213  trafficking and the gestational age of the fetus is not more
  214  than 15 weeks as determined by the physician. At the time the
  215  woman schedules or arrives for her appointment to obtain the
  216  abortion, she must provide a copy of a restraining order, police
  217  report, medical record, or other court order or documentation
  218  providing evidence that she is obtaining the termination of
  219  pregnancy because she is a victim of rape, incest, or human
  220  trafficking. If the woman is 18 years of age or older, the
  221  physician must report any known or suspected human trafficking
  222  to a local law enforcement agency. If the woman is a minor, the
  223  physician must report the incident of rape, incest, or human
  224  trafficking to the central abuse hotline as required by s.
  225  39.201.
  227  physician may perform or induce a No termination of pregnancy
  228  shall be performed at any time except by a physician as defined
  229  in s. 390.011. A physician may not use telehealth as defined in
  230  s. 456.47 to perform an abortion, including, but not limited to,
  231  medical abortions. Any medications intended for use in a medical
  232  abortion must be dispensed in person by a physician and may not
  233  be dispensed through the United States Postal Service or by any
  234  other courier or shipping service.
  235         (10) PENALTIES FOR VIOLATION.—Except as provided in
  236  subsections (3), (7), and (12):
  237         (a) Any person who willfully performs, or actively
  238  participates in, a termination of pregnancy in violation of the
  239  requirements of this section or s. 390.01112 commits a felony of
  240  the third degree, punishable as provided in s. 775.082, s.
  241  775.083, or s. 775.084.
  242         (b) Any person who performs, or actively participates in, a
  243  termination of pregnancy in violation of this section or s.
  244  390.01112 which results in the death of the woman commits a
  245  felony of the second degree, punishable as provided in s.
  246  775.082, s. 775.083, or s. 775.084.
  247         (13) FAILURE TO COMPLY.—Failure to comply with the
  248  requirements of this section or s. 390.01112 constitutes grounds
  249  for disciplinary action under each respective practice act and
  250  under s. 456.072.
  251         Section 5. Section 390.01112, Florida Statutes, is
  252  repealed.
  253         Section 6. Subsection (1) of section 390.012, Florida
  254  Statutes, is amended to read:
  255         390.012 Powers of agency; rules; disposal of fetal
  256  remains.—
  257         (1) The agency may develop and enforce rules pursuant to
  258  ss. 390.011-390.018 and part II of chapter 408 for the health,
  259  care, and treatment of persons in abortion clinics and for the
  260  safe operation of such clinics.
  261         (a) The rules must shall be reasonably related to the
  262  preservation of maternal health of the clients and must.
  263         (b) The rules shall be in accordance with s. 797.03 and may
  264  not impose an unconstitutional burden on a woman’s freedom to
  265  decide whether to terminate her pregnancy.
  266         (c) The rules shall provide for:
  267         (a)1. The performance of pregnancy termination procedures
  268  only by a licensed physician.
  269         (b)2. The making, protection, and preservation of patient
  270  records, which must shall be treated as medical records under
  271  chapter 458. When performing a license inspection of a clinic,
  272  the agency shall inspect at least 50 percent of patient records
  273  generated since the clinic’s last license inspection.
  274         (c)3. Annual inspections by the agency of all clinics
  275  licensed under this chapter to ensure that such clinics are in
  276  compliance with this chapter and agency rules.
  277         (d)4. The prompt investigation of credible allegations of
  278  abortions being performed at a clinic that is not licensed to
  279  perform such procedures.
  280         Section 7. Paragraph (f) is added to subsection (2) of
  281  section 456.47, Florida Statutes, to read:
  282         456.47 Use of telehealth to provide services.—
  283         (2) PRACTICE STANDARDS.—
  284         (f) A telehealth provider may not use telehealth to perform
  285  an abortion, including, but not limited to, medical abortions as
  286  defined in s. 390.011.
  287         Section 8. (1)For the 2023-2024 fiscal year:
  288         (a)In addition to any funds appropriated in the General
  289  Appropriations Act, the sum of $5 million in recurring funds
  290  from the General Revenue Fund is appropriated to the Department
  291  of Health for the purpose of implementing s. 381.0051(3), (4),
  292  and (6), Florida Statutes.
  293         (b)The sum of $25 million in recurring funds from the
  294  General Revenue Fund is appropriated to the Department of Health
  295  for the purpose of implementing s. 381.96, Florida Statutes.
  296         (2)This section takes effect upon this act becoming a law.
  297         Section 9. Except as otherwise expressly provided in this
  298  act and except for this section, which shall take effect upon
  299  this act becoming a law, this act shall take effect 30 days
  300  after any of the following occurs: a decision by the Florida
  301  Supreme Court holding that the right to privacy enshrined in s.
  302  23, Article I of the State Constitution does not include a right
  303  to abortion; a decision by the Florida Supreme Court in Planned
  304  Parenthood v. State, SC2022-1050, that allows the prohibition on
  305  abortions after 15 weeks in s. 390.0111(1), Florida Statutes, to
  306  remain in effect, including a decision approving, in whole or in
  307  part, the First District Court of Appeal’s decision under review
  308  or a decision discharging jurisdiction; an amendment to the
  309  State Constitution clarifying that s. 23, Article I of the State
  310  Constitution does not include a right to abortion; or a decision
  311  from the Florida Supreme Court after March 7, 2023, receding, in
  312  whole or in part, from In re T.W., 551 So. 2d 1186 (Fla. 1989),
  313  North Fla. Women’s Health v. State, 866 So. 2d 612 (Fla. 2003),
  314  or Gainesville Woman Care, LLC v. State, 210 So. 3d 1243 (Fla.
  315  2017).