Bill Text: FL S1502 | 2015 | Regular Session | Introduced


Bill Title: Abortion

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-05-01 - Died in Health Policy [S1502 Detail]

Download: Florida-2015-S1502-Introduced.html
       Florida Senate - 2015                                    SB 1502
       
       
        
       By Senator Evers
       
       
       
       
       
       2-00805-15                                            20151502__
    1                        A bill to be entitled                      
    2         An act relating to abortion; creating the “Florida for
    3         Life Act”; creating s. 390.0001, F.S.; providing
    4         legislative findings regarding abortion; amending s.
    5         390.011, F.S.; revising and providing definitions;
    6         amending s. 390.01112, F.S.; providing grounds for
    7         disciplinary action against a physician performing a
    8         termination of pregnancy during viability under
    9         certain circumstances; specifying where a termination
   10         of pregnancy during viability may be performed;
   11         prohibiting misrepresentation of the gestational age
   12         or developmental stage of a viable fetus in any
   13         medical record or failure to use the prescribed
   14         standard of care on a viable fetus by a physician;
   15         providing criminal penalties; creating s. 390.01113,
   16         F.S.; prohibiting inducing an abortion or performing,
   17         attempting to perform, or assisting in an induced
   18         abortion; providing criminal penalties; prohibiting
   19         inflicting serious bodily injury on a person in the
   20         course of performing an abortion; providing criminal
   21         penalties; providing enhanced criminal penalties if
   22         the serious bodily injury results in death;
   23         prohibiting operation of any facility, business, or
   24         service for the purpose of providing induced abortion
   25         services; providing criminal penalties; prohibiting
   26         termination of a pregnancy unless specified conditions
   27         are met; requiring that a termination of pregnancy be
   28         performed only by a physician; requiring voluntary,
   29         informed consent for a termination of pregnancy;
   30         providing an exception for medical emergencies;
   31         providing for documentation of a medical emergency;
   32         providing that violations may subject physicians to
   33         discipline under specified provisions; prohibiting
   34         fetal experimentation; providing an exception;
   35         requiring that fetal remains be disposed of according
   36         to specified standards; providing criminal penalties;
   37         excluding specified procedures from applicability of
   38         section; requiring physicians and personnel at a
   39         medical facility to provide certain women and minors
   40         who have been treated by the facility with information
   41         regarding adoption and access to a statewide list of
   42         attorneys available to provide volunteer legal
   43         services for adoption; authorizing the Agency for
   44         Health Care Administration and the Department of
   45         Health to adopt rules; amending s. 39.001, F.S.;
   46         providing legislative intent concerning adoption
   47         services for women and minors with unwanted
   48         pregnancies; requiring the Office of Adoption and
   49         Child Protection to create and manage a statewide list
   50         of attorneys providing volunteer adoption services for
   51         women and minors with unwanted pregnancies who would
   52         have selected abortion, if lawful, rather than
   53         adoption; providing that the full amount of all
   54         federal moneys received by the state as a result of
   55         efforts made by the office to provide legal and other
   56         services for adoption are deposited, directed, and
   57         budgeted for use by the office; repealing ss.
   58         390.01114, 390.01116, 390.0112, 390.012, 390.014,
   59         390.015, 390.018, and 390.025, F.S., relating to
   60         provisions regulating the termination of pregnancies
   61         and definitions applying thereto, the Parental Notice
   62         of Abortion Act, public records exemptions for
   63         identifying information regarding minors seeking a
   64         waiver of notice requirements under such act,
   65         reporting requirements for terminated pregnancies, the
   66         licensure and operation of abortion clinics, the
   67         disposal of fetal remains, the imposition of
   68         administrative fines for violations by abortion
   69         clinics, and provisions regulating abortion referral
   70         or counseling agencies and prescribing penalties for
   71         violations by such agencies; repealing ss. 782.30,
   72         782.32, 782.34, and 782.36, F.S., relating to the
   73         Partial-Birth Abortion Act and the short title,
   74         definitions, criminal penalties for the intentional
   75         killing of a living fetus while that fetus is
   76         partially born, and exceptions to such act; amending
   77         s. 27.511, F.S.; conforming language relating to
   78         court-appointed counsel for minors under the Parental
   79         Notice of Abortion Act to the repeal of s. 390.01114,
   80         F.S.; amending ss. 627.64995, 627.6699, 627.66996, and
   81         641.31099, F.S.; providing restrictions on use of
   82         state and federal funds for state exchanges that
   83         provide coverage for induced abortions and
   84         terminations of pregnancies under certain conditions;
   85         amending ss. 743.065, 743.067, and 765.113, F.S.;
   86         conforming cross-references; providing an effective
   87         date.
   88          
   89  Be It Enacted by the Legislature of the State of Florida:
   90  
   91         Section 1. This act may be cited as the “Florida for Life
   92  Act.”
   93         Section 2. Section 390.0001, Florida Statutes, is created
   94  to read:
   95         390.0001 Legislative findings regarding abortion.—
   96         (1) The Legislature acknowledges that all persons are
   97  endowed by their Creator with certain unalienable rights, and
   98  that first among these is their right to life.
   99         (2) The Legislature finds that all human life comes from
  100  the Creator, has an inherent value that cannot be quantified by
  101  man, and begins at the earliest biological development of a
  102  fertilized human egg.
  103         (3) The Legislature finds that the United States
  104  Constitution expresses no qualification for, or limitation on,
  105  the protection of human life by laws passed by state
  106  legislatures which regard human life as the most fundamental
  107  gift from God and deserving of paramount importance among all
  108  other unalienable rights expressed or implied in the United
  109  States Constitution.
  110         (4) The Legislature finds that personal liberty is not a
  111  license to kill or otherwise destroy any form of human life
  112  under any provision of the United States Constitution.
  113         (5) The Legislature finds that once human life begins,
  114  there is a compelling state interest in protecting its
  115  development from that moment through birth. Any act of a person
  116  detrimental to unborn human life, when not necessary in defense
  117  of the life of the mother bearing such unborn human life, which
  118  unnaturally terminates that unborn human life is a deprivation
  119  of that unborn human’s unalienable right to life.
  120         (6) The Legislature finds that the establishment of
  121  viability as the point at which the state may restrict
  122  abortions, as well as the “undue burden” standard of Planned
  123  Parenthood of Southern Pennsylvania v. Casey, 505 U.S. 833
  124  (1992) is arbitrary and provides inadequate guidance for this
  125  state to enact meaningful protections for unborn human life.
  126         (7) The Legislature finds that the health exception
  127  required of post-viability abortion regulations inadequately
  128  protects the health of women and minors seeking post-viability
  129  abortions and impedes the state’s protection of viable unborn
  130  human life.
  131         (8) The Legislature finds that the people of Florida seek
  132  to protect all human life and prohibit unnecessary abortion
  133  through the exercise of their right to self-government.
  134         (9) The Legislature urges the United States Supreme Court
  135  to overturn Roe v. Wade, 410 U.S. 113 (1973), and Planned
  136  Parenthood of Southern Pennsylvania v. Casey, 505 U.S. 833
  137  (1992).
  138         Section 3. Section 390.011, Florida Statutes, is amended to
  139  read:
  140         390.011 Definitions.—As used in this chapter, the term:
  141         (1) “Abortion” means the termination of human pregnancy
  142  with an intention other than to produce a live birth or to
  143  remove a dead fetus that has died of natural causes.
  144         (2) “Abortion clinic” or “clinic” means any facility,
  145  location, or structure in which abortions are performed. The
  146  term does not include:
  147         (a) a hospital or medical establishment, as defined in
  148  subsection (6); or
  149         (b) A physician’s office, provided that the office is not
  150  used primarily for the performance of abortions.
  151         (3) “Agency” means the Agency for Health Care
  152  Administration.
  153         (4) “Born alive” means the complete expulsion or extraction
  154  from the mother of a human infant, at any stage of development,
  155  who, after such expulsion or extraction, breathes or has a
  156  beating heart, or definite and voluntary movement of muscles,
  157  regardless of whether the umbilical cord has been cut and
  158  regardless of whether the expulsion or extraction occurs as a
  159  result of natural or induced labor, caesarean section, induced
  160  abortion, or other method.
  161         (5) “Department” means the Department of Health.
  162         (6) “Hospital” means a medical establishment facility as
  163  defined in s. 395.002(12) and licensed under chapter 395 and
  164  part II of chapter 408.
  165         (7) “Human life” means a human person and is the biological
  166  development of the species Homo sapiens that begins when a human
  167  egg is fertilized by a human sperm and continues to develop as a
  168  living organism. For the purposes of this chapter, the terms
  169  “human life” and “human person” may be used interchangeably.
  170         (8) “Induced abortion” means a medically initiated
  171  termination of a human pregnancy with the intent to kill a
  172  living human organism, zygote, embryo, or fetus. For purposes of
  173  this subsection, the term “medically initiated” means the
  174  ingestion or administration of pharmaceutical abortifacients by
  175  any means, performance of a surgical procedure, or use of any
  176  device or instrument and any combination thereof.
  177         (9) “Medical emergency” means a condition that, on the
  178  basis of a physician’s good faith clinical judgment, so
  179  complicates the medical condition of a patient as to necessitate
  180  the immediate termination of her pregnancy to avert her death,
  181  or for which a delay in the termination of her pregnancy will
  182  create serious risk of substantial and irreversible impairment
  183  of a major bodily function or unreasonably reduce the likelihood
  184  of successful treatment of a life-threatening disease.
  185         (10)(7) “Partial-birth abortion” means a termination of
  186  pregnancy in which the physician performing the termination of
  187  pregnancy partially vaginally delivers a living fetus and then
  188  kills before killing the fetus before and completing the
  189  delivery.
  190         (11) “Patient” means the woman or minor upon whom an
  191  abortion or termination of pregnancy is performed or induced.
  192         (12)(8) “Physician” means a physician licensed under
  193  chapter 458 or chapter 459 or a physician practicing medicine or
  194  osteopathic medicine in the employment of the United States who
  195  is attending to the patient.
  196         (13) “Pregnancy” means the process by which a human egg is
  197  fertilized by a human sperm and continues to develop.
  198         (14)(9) “Reasonable medical judgment” means a medical
  199  judgment that would be made by a practicing reasonably prudent
  200  physician, knowledgeable about the case and the treatment
  201  possibilities with respect to the medical conditions involved.
  202         (15)(10) “Standard medical measure” means the medical care
  203  that a physician would provide based on the particular facts of
  204  the pregnancy, the information available to the physician, and
  205  the technology reasonably available in a hospital, as defined in
  206  s. 395.002, with an obstetrical department, to preserve the life
  207  and health of the fetus, with or without temporary artificial
  208  life-sustaining support, if the fetus were born at the same
  209  stage of fetal development.
  210         (16) “Termination of pregnancy” means the termination of a
  211  human pregnancy under circumstances not prohibited by this
  212  chapter.
  213         (17)(11) “Third trimester” means the weeks of pregnancy
  214  after the 24th week of pregnancy.
  215         (18)(12) “Viable” or “viability” means the stage of fetal
  216  development when, in the judgment of the physician, based on the
  217  particular facts of the case before him or her and in light of
  218  the most advanced medical technology and information available,
  219  there is a reasonable probability of sustained survival of the
  220  unborn human person outside his or her mother’s womb with or
  221  without artificial support the life of a fetus is sustainable
  222  outside the womb through standard medical measures.
  223         Section 4. Section 390.01112, Florida Statutes, is amended
  224  to read:
  225         390.01112 Termination of pregnancies during viability.—
  226         (1) A No termination of pregnancy may not shall be
  227  performed on any human being if the physician determines that,
  228  in reasonable medical judgment, the fetus has achieved
  229  viability, unless:
  230         (a) Two physicians certify in writing that, in their
  231  reasonable medical judgments judgment, the termination of the
  232  pregnancy is necessary to save the pregnant woman’s life or
  233  avert a serious risk of substantial and irreversible physical
  234  impairment of a major bodily function of the pregnant woman
  235  other than a psychological condition; or
  236         (b) The physician certifies in writing that, in his or her
  237  reasonable medical judgment, there is a medical necessity for
  238  legitimate emergency medical procedures for termination of the
  239  pregnancy to save the pregnant woman’s life or avert a serious
  240  risk of imminent substantial and irreversible physical
  241  impairment of a major bodily function of the pregnant woman
  242  other than a psychological condition, and another physician is
  243  not available for consultation.
  244         (2) Before performing a termination of pregnancy, a
  245  physician must determine if the fetus is viable by, at a
  246  minimum, performing a medical examination of the pregnant woman
  247  and, to the maximum extent possible through reasonably available
  248  tests and the ultrasound required under s. 390.0111(3), an
  249  examination of the fetus. The physician must document in the
  250  pregnant woman’s medical file the physician’s determination and
  251  the method, equipment, fetal measurements, and any other
  252  information used to determine the viability of the fetus.
  253         (3) If a termination of pregnancy is performed while the
  254  patient’s fetus is viable during viability, the physician
  255  performing the termination of pregnancy must exercise the same
  256  degree of professional skill, care, and diligence to preserve
  257  the life and health of the fetus that the physician would be
  258  required to exercise in order to preserve the life and health of
  259  a fetus intended to be born and not aborted. However, if
  260  preserving the life and health of the fetus conflicts with
  261  preserving the life and health of the woman, the physician must
  262  consider preserving the woman’s life and health the overriding
  263  and superior concern. Violation of this subsection by a
  264  physician constitutes grounds for disciplinary action under s.
  265  458.331 or s. 459.015.
  266         (4) A termination of pregnancy involving a viable fetus,
  267  when not prohibited under s. 390.01113(3), must be performed in
  268  a hospital or other medical establishment as defined in s.
  269  390.011(6) that is capable of providing all necessary lifesaving
  270  and life-sustaining medical services to the viable fetus.
  271         (5) A physician who, once the matter of the viability or
  272  nonviability of the fetus is determined within a reasonable
  273  degree of medical probability, knowingly and willfully
  274  misrepresents the gestational age or stage of fetal development
  275  of a viable fetus in an entry into any medical record and who
  276  fails to use the standard of care required under subsection (3)
  277  on any fetus determined to be viable commits a felony of the
  278  first degree, punishable as provided in s. 775.082, s. 775.083,
  279  or s. 775.084.
  280         Section 5. Section 390.01113, Florida Statutes, is created
  281  to read:
  282         390.01113 Abortion unlawful; termination of pregnancies;
  283  circumstances authorized.—
  284         (1) INDUCED ABORTION PROHIBITED.—
  285         (a) Induced abortion for any purpose is unlawful, except as
  286  provided in s. 390.01112. Any person who induces an abortion or
  287  performs, attempts to perform, or assists another in the
  288  performance of an induced abortion on another person commits a
  289  felony of the first degree, punishable as provided in s.
  290  775.082, s. 775.083, or s. 775.084.
  291         (b) Any person who during the course of performing an
  292  induced abortion on another person inflicts serious bodily
  293  injury on the person commits a felony of the first degree,
  294  punishable by imprisonment for a term of years not exceeding
  295  life, as provided in s. 775.082, s. 775.083, or s. 775.084.
  296         (c) Any person who during the course of performing an
  297  induced abortion on another person inflicts serious bodily
  298  injury on the person which results in the death of the person
  299  commits a life felony, punishable as provided in s. 775.082, s.
  300  775.083, or s. 775.084.
  301         (2) OPERATING ABORTION CLINICS AND SERVICES PROHIBITED.—A
  302  person or persons who operate any facility, business, or service
  303  from any location within this state for the purpose of providing
  304  induced abortion services commits a felony of the first degree,
  305  punishable by imprisonment for a term of years not exceeding
  306  life, as provided in s. 775.082, s. 775.083, or s. 775.084.
  307         (3) TERMINATION OF PREGNANCY.—A termination of pregnancy
  308  may not be performed unless:
  309         (a) Two physicians certify in writing to the fact that, to
  310  a reasonable degree of medical certainty, the termination of
  311  pregnancy is necessary to prevent the death of the patient;
  312         (b) Two physicians certify in writing to the fact that, to
  313  a reasonable degree of medical certainty, the termination of
  314  pregnancy is necessary because to continue the pregnancy would
  315  unreasonably reduce the likelihood of successful treatment of an
  316  already life-threatening disease of the patient; or
  317         (c) The attending physician certifies in writing that a
  318  medical emergency existed as described in paragraph (a) or
  319  paragraph (b) and another physician was not available for
  320  consultation before the time necessary to perform the
  321  termination of pregnancy. The physician’s written certification
  322  must clearly describe the details of the medical emergency in
  323  the patient’s medical records.
  324         (d) Violation of this subsection by a physician constitutes
  325  grounds for disciplinary action under s. 458.331 or s. 459.015.
  326         (4) PERFORMANCE BY PHYSICIAN REQUIRED.—A termination of
  327  pregnancy may not, at any time, be performed by a person who is
  328  not a physician.
  329         (5) CONSENT REQUIRED.—A termination of pregnancy may not be
  330  performed or induced except with the voluntary and informed
  331  written consent of the patient or, in the case of a mentally
  332  incompetent patient, the voluntary and informed written consent
  333  of her court-appointed guardian or, in the case of a minor
  334  patient, notwithstanding s. 743.065, the voluntary informed
  335  written consent of the minor’s parent or legal guardian.
  336         (a) Except in the case of a medical emergency, consent to a
  337  termination of pregnancy is voluntary and informed only if:
  338         1. The physician who is to perform the procedure or the
  339  referring physician has personally informed the patient, or the
  340  court-appointed guardian if the patient is mentally incompetent
  341  or a parent or legal guardian in the case of a minor patient,
  342  of:
  343         a. The nature and risks of undergoing or not undergoing the
  344  proposed procedure that a reasonable patient similarly situated
  345  may consider relevant to making an informed decision of whether
  346  to terminate a pregnancy.
  347         b. The probable gestational age of the fetus at the time
  348  the termination of pregnancy is to be performed.
  349         c. The medical risks to the patient and fetus of carrying
  350  the pregnancy to term.
  351         d. All other factors, including physical, emotional,
  352  psychological, and familial factors, relevant to the short-term
  353  and long-term well-being of the patient, including the emotional
  354  and psychological impact of the loss of human life through
  355  voluntary termination of the pregnancy.
  356         2. Printed materials prepared and provided by the
  357  department have been provided to the patient, or the court
  358  appointed guardian if the patient is mentally incompetent or a
  359  parent or legal guardian in the case of a minor patient,
  360  including:
  361         a. An accurate estimate of the stage of biological
  362  development, gestational age, length, weight, and viability of
  363  the unborn human person.
  364         b. A list of agencies that offer alternatives to
  365  terminating the pregnancy.
  366         c. Detailed information on the availability of medical
  367  assistance benefits for prenatal care, childbirth, and neonatal
  368  care.
  369         3. The patient, or the court-appointed guardian if the
  370  patient is mentally incompetent or a parent or legal guardian in
  371  the case of a minor patient, has been given, in writing, the
  372  address and telephone number of the Office of Adoption and Child
  373  Protection within the Executive Office of the Governor and
  374  informed of the existence of a statewide list of attorneys
  375  available to provide volunteer legal services for adoption.
  376         4. The person required to give consent under this
  377  subsection acknowledges in writing, before the termination of
  378  pregnancy, that the information required to be provided under
  379  this paragraph has been provided.
  380         (b) In the event that a medical emergency exists and a
  381  physician cannot comply with the requirements for informed
  382  consent, the attending physician may terminate a pregnancy if he
  383  or she has obtained at least one physician’s corroborating
  384  written opinion attesting to the medical necessity for emergency
  385  medical procedures and to the fact that, to a reasonable degree
  386  of medical certainty, the continuation of the pregnancy would
  387  threaten the physical life of the patient. In the event that a
  388  second physician is not available for a corroborating written
  389  opinion before the time necessary to perform the termination of
  390  pregnancy, the physician may proceed but must document all
  391  reasons for the medical emergency and must clearly describe the
  392  details of the medical emergency in the patient’s medical
  393  records as described in paragraph (3)(c).
  394         (c) Violation of this subsection by a physician constitutes
  395  grounds for disciplinary action under s. 458.331 or s. 459.015.
  396  Substantial compliance or reasonable belief that complying with
  397  the requirements of informed consent would threaten the life of
  398  the patient as described in paragraph (3)(a) or would
  399  unreasonably reduce the successful treatment of an already life
  400  threatening disease of the patient as described in paragraph
  401  (3)(b) may be raised as a defense to any action brought under
  402  this subsection.
  403         (6) EXPERIMENTATION ON FETUS PROHIBITED; EXCEPTION.—A
  404  person may not use a live fetus or live, premature infant for
  405  any type of scientific, laboratory, or other kind of research or
  406  experimentation before or after any termination of pregnancy
  407  procedure except as necessary to protect or preserve the life
  408  and health of such fetus or premature infant. Violation of this
  409  subsection by a physician constitutes grounds for disciplinary
  410  action under s. 458.331 or s. 459.015.
  411         (7) FETAL REMAINS.—Fetal remains shall be disposed of in a
  412  sanitary and appropriate manner and in accordance with standard
  413  health practices, as provided by rule of the department. A
  414  person who fails to dispose of fetal remains in accordance with
  415  department rules commits a felony of the third degree,
  416  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  417         (8) EXCLUSION FROM APPLICABILITY.—This section does not
  418  apply to the performance of a procedure that terminates a
  419  pregnancy in order to deliver a live child or to remove a dead
  420  fetus whose demise was not the result of a termination of
  421  pregnancy or an induced abortion from the patient’s body.
  422         (9) ADOPTION ALTERNATIVE INFORMATION.—Any physician or
  423  authorized personnel of a medical facility who learns that a
  424  patient wishes to obtain an induced abortion, or that a patient
  425  has had a termination of pregnancy where the fetus survived,
  426  shall provide the patient with information concerning the
  427  availability of adoption for her unwanted child. Compliance with
  428  this subsection may be accomplished by providing the patient or,
  429  in the case of a mentally incompetent patient, her court
  430  appointed guardian or, in the case of a minor patient, the
  431  minor’s parent or legal guardian with the address and telephone
  432  number of the Office of Adoption and Child Protection within the
  433  Executive Office of the Governor and inform the patient or, in
  434  the case of a mentally incompetent patient, her court-appointed
  435  guardian or, in the case of a minor patient, the minor’s parent
  436  or legal guardian of the existence of the statewide list of
  437  attorneys available to provide volunteer legal services for
  438  adoption.
  439         (10) RULEMAKING AUTHORITY.—
  440         (a) Except for subsection (7), the agency may adopt rules
  441  pursuant to ss. 120.536(1) and 120.54 to administer this
  442  section. These rules must be for the purpose of protecting the
  443  health and safety of pregnant women and minors and unborn human
  444  persons. These rules are also for the purpose of securing
  445  compliance with the requirements of this section and to
  446  facilitate the enforcement of sanctions for those violations to
  447  which administrative penalties apply.
  448         (b) The department may adopt rules pursuant to ss.
  449  120.536(1) and 120.54 to administer subsection (7).
  450         Section 6. Subsection (8) of section 39.001, Florida
  451  Statutes, is amended, and paragraph (d) is added to subsection
  452  (9) of that section, to read:
  453         39.001 Purposes and intent; personnel standards and
  454  screening.—
  455         (8) LEGISLATIVE INTENT FOR THE PREVENTION OF ABUSE,
  456  ABANDONMENT, AND NEGLECT OF CHILDREN; ADOPTION SERVICES FOR
  457  WOMEN AND MINORS WITH UNWANTED PREGNANCIES.—The incidence of
  458  known child abuse, abandonment, and neglect has increased
  459  rapidly in recent over the past 5 years. The impact that abuse,
  460  abandonment, or neglect has on the victimized child, siblings,
  461  family structure, and inevitably on all citizens of the state
  462  has caused the Legislature to determine that the prevention of
  463  child abuse, abandonment, and neglect shall be a priority of
  464  this state. In addition, to provide assistance for women and
  465  minors with unwanted pregnancies who would have selected
  466  abortion, if lawful in this state, rather than adoption as an
  467  alternative for their unborn children, the Legislature has
  468  determined to offer such women and minors information regarding
  469  volunteer legal services to accomplish an appropriate adoptive
  470  placement for their newborn children. To further this end, It is
  471  the intent of the Legislature that the an Office of Adoption and
  472  Child Protection be established and maintained to accomplish
  473  these purposes established.
  474         (9) OFFICE OF ADOPTION AND CHILD PROTECTION.—
  475         (d) In connection with the provision of volunteer legal
  476  services for women and minors with unwanted pregnancies who
  477  would have selected abortion, if lawful in this state, rather
  478  than adoption, the office shall:
  479         1. Create and manage a statewide list of attorneys that
  480  provide volunteer adoption services for such women and minors.
  481         2. Have deposited, directed, and budgeted in the full
  482  amount for use by the office, in addition to funds that would
  483  have or are otherwise budgeted for the office, all moneys
  484  received by or otherwise awarded to the state from the Federal
  485  Government, the United States Treasury, or any other federal
  486  agency as a result of efforts made by the office to provide
  487  legal or other services for adoption.
  488         Section 7. Sections 390.01114, 390.01116, 390.0112,
  489  390.012, 390.014, 390.015, 390.018, 390.025, 782.30, 782.32,
  490  782.34, and 782.36, Florida Statutes, are repealed.
  491         Section 8. Paragraph (a) of subsection (6) of section
  492  27.511, Florida Statutes, is amended to read:
  493         27.511 Offices of criminal conflict and civil regional
  494  counsel; legislative intent; qualifications; appointment;
  495  duties.—
  496         (6)(a) The office of criminal conflict and civil regional
  497  counsel has primary responsibility for representing persons
  498  entitled to court-appointed counsel under the Federal or State
  499  Constitution or as authorized by general law in civil
  500  proceedings, including, but not limited to, proceedings under s.
  501  393.12 and chapters 39, 392, 397, 415, 743, 744, and 984 and
  502  proceedings to terminate parental rights under chapter 63.
  503  Private court-appointed counsel eligible under s. 27.40 have
  504  primary responsibility for representing minors who request
  505  counsel under s. 390.01114, the Parental Notice of Abortion Act;
  506  however, the office of criminal conflict and civil regional
  507  counsel may represent a minor under that section if the court
  508  finds that no private court-appointed attorney is available.
  509         Section 9. Subsection (1) of section 627.64995, Florida
  510  Statutes, is amended to read:
  511         627.64995 Restrictions on use of state and federal funds
  512  for state exchanges.—
  513         (1) A health insurance policy under which coverage is
  514  purchased in whole or in part with any state or federal funds
  515  through an exchange created pursuant to the federal Patient
  516  Protection and Affordable Care Act, Pub. L. No. 111-148, may not
  517  provide coverage for an induced abortion as defined in s.
  518  390.011 and prohibited under s. 390.01113, or for a termination
  519  of pregnancy in violation of s. 390.01113(3) 390.011(1), except
  520  if the pregnancy is the result of an act of rape or incest, or
  521  in the case where a woman suffers from a physical disorder,
  522  physical injury, or physical illness, including a life
  523  endangering physical condition caused by or arising from the
  524  pregnancy itself, which would, as certified by a physician,
  525  place the woman in danger of death unless an abortion is
  526  performed. Coverage is deemed to be purchased with state or
  527  federal funds if any tax credit or cost-sharing credit is
  528  applied toward the health insurance policy.
  529         Section 10. Paragraph (a) of subsection (17) of section
  530  627.6699, Florida Statutes, is amended to read:
  531         627.6699 Employee Health Care Access Act.—
  532         (17) RESTRICTIONS ON COVERAGE.—
  533         (a) A plan under which coverage is purchased in whole or in
  534  part with any state or federal funds through an exchange created
  535  pursuant to the federal Patient Protection and Affordable Care
  536  Act, Pub. L. No. 111-148, may not provide coverage for an
  537  induced abortion, as defined in s. 390.011 and prohibited under
  538  s. 390.01113, or for a termination of pregnancy in violation of
  539  s. 390.01113(3) 390.011(1), except if the pregnancy is the
  540  result of an act of rape or incest, or in the case where a woman
  541  suffers from a physical disorder, physical injury, or physical
  542  illness, including a life-endangering physical condition caused
  543  by or arising from the pregnancy itself, which would, as
  544  certified by a physician, place the woman in danger of death
  545  unless an abortion is performed. Coverage is deemed to be
  546  purchased with state or federal funds if any tax credit or cost
  547  sharing credit is applied toward the plan.
  548         Section 11. Subsection (1) of section 627.66996, Florida
  549  Statutes, is amended to read:
  550         627.66996 Restrictions on use of state and federal funds
  551  for state exchanges.—
  552         (1) A group, franchise, or blanket health insurance policy
  553  under which coverage is purchased in whole or in part with any
  554  state or federal funds through an exchange created pursuant to
  555  the federal Patient Protection and Affordable Care Act, Pub. L.
  556  No. 111-148, may not provide coverage for an induced abortion as
  557  defined in s. 390.011 and prohibited under s. 390.01113, or for
  558  a termination of pregnancy in violation of s. 390.01113(3)
  559  390.011(1), except if the pregnancy is the result of an act of
  560  rape or incest, or in the case where a woman suffers from a
  561  physical disorder, physical injury, or physical illness,
  562  including a life-endangering physical condition caused by or
  563  arising from the pregnancy itself, which would, as certified by
  564  a physician, place the woman in danger of death unless an
  565  abortion is performed. Coverage is deemed to be purchased with
  566  state or federal funds if any tax credit or cost-sharing credit
  567  is applied toward the group, franchise, or blanket health
  568  insurance policy.
  569         Section 12. Subsection (1) of section 641.31099, Florida
  570  Statutes, is amended to read:
  571         641.31099 Restrictions on use of state and federal funds
  572  for state exchanges.—
  573         (1) A health maintenance contract under which coverage is
  574  purchased in whole or in part with any state or federal funds
  575  through an exchange created pursuant to the federal Patient
  576  Protection and Affordable Care Act, Pub. L. No. 111-148, may not
  577  provide coverage for an induced abortion as defined in s.
  578  390.011 and prohibited under s. 390.01113, or for a termination
  579  of pregnancy in violation of s. 390.01113(3) 390.011(1), except
  580  if the pregnancy is the result of an act of rape or incest, or
  581  in the case where a woman suffers from a physical disorder,
  582  physical injury, or physical illness, including a life
  583  endangering physical condition caused by or arising from the
  584  pregnancy itself, which would, as certified by a physician,
  585  place the woman in danger of death unless an abortion is
  586  performed. Coverage is deemed to be purchased with state or
  587  federal funds if any tax credit or cost-sharing credit is
  588  applied toward the health maintenance contract.
  589         Section 13. Subsection (3) of section 743.065, Florida
  590  Statutes, is amended to read:
  591         743.065 Unwed pregnant minor or minor mother; consent to
  592  medical services for minor or minor’s child valid.—
  593         (3) Nothing in this act shall affect the provisions of s.
  594  390.0111, s. 390.01112, or s. 390.01113.
  595         Section 14. Subsection (4) of section 743.067, Florida
  596  Statutes, is amended to read:
  597         743.067 Unaccompanied homeless youths.—
  598         (4) This section does not affect the requirements of s.
  599  390.01114.
  600         Section 15. Subsection (2) of section 765.113, Florida
  601  Statutes, is amended to read:
  602         765.113 Restrictions on providing consent.—Unless the
  603  principal expressly delegates such authority to the surrogate in
  604  writing, or a surrogate or proxy has sought and received court
  605  approval pursuant to rule 5.900 of the Florida Probate Rules, a
  606  surrogate or proxy may not provide consent for:
  607         (2) Withholding or withdrawing life-prolonging procedures
  608  from a pregnant patient before prior to viability as defined in
  609  s. 390.011(18) 390.0111(4).
  610         Section 16. This act shall take effect July 1, 2015.

feedback