Bill Text: FL S1602 | 2014 | Regular Session | Introduced
Bill Title: Abortion
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-05-02 - Died in Health Policy [S1602 Detail]
Download: Florida-2014-S1602-Introduced.html
Florida Senate - 2014 SB 1602
By Senator Evers
2-01506-14 20141602__
1 A bill to be entitled
2 An act relating to abortion; creating the “Unborn
3 Viability Act”; creating s. 390.0001, F.S.; providing
4 legislative findings regarding abortion; creating s.
5 390.01117, F.S.; providing definitions; creating s.
6 390.01118, F.S.; prohibiting termination of a
7 pregnancy after a fetus has been determined to be
8 viable; providing exceptions; requiring a
9 determination of viability for women in a certain week
10 of pregnancy or later before termination may be
11 performed; requiring an ultrasound and recordkeeping;
12 providing that determination of viability and a
13 required ultrasound may not be performed by a
14 physician providing reproductive health services at an
15 abortion clinic; requiring that a termination of
16 pregnancy involving a viable fetus, when not
17 prohibited, be performed in a hospital or other
18 medical establishment; providing a standard of care
19 for a termination of pregnancy performed while a fetus
20 is viable; providing that the woman’s life is a
21 superior consideration to the concern for the life of
22 the fetus and the woman’s health is a superior
23 consideration to the concern for the health of the
24 fetus when such life or health concerns are in
25 conflict; prohibiting a physician’s misrepresentation
26 of the gestational age or developmental stage of a
27 viable fetus in any medical record and failure to use
28 the prescribed standard of care on a viable fetus;
29 providing criminal penalties; providing that only a
30 physician may perform a termination of pregnancy;
31 requiring voluntary and informed consent for a
32 termination of pregnancy; providing an exception for
33 medical emergencies; providing for documentation of a
34 medical emergency; providing that violations may
35 subject physicians to discipline; prohibiting
36 experimentation on a fetus; providing an exception;
37 providing that violations may subject physicians to
38 discipline; requiring that fetal remains be disposed
39 of according to specified standards; providing
40 criminal penalties; providing that a person or
41 facility is not required to participate in the
42 termination of a pregnancy or be liable for such
43 refusal; excluding specified procedures from
44 applicability of section; prohibiting a termination of
45 pregnancy procedure in violation of specified
46 requirements; providing criminal penalties;
47 prohibiting inflicting serious bodily injury on a
48 person in the course of performing a termination of
49 pregnancy; providing criminal penalties; providing
50 enhanced criminal penalties if the serious bodily
51 injury results in death; requiring physicians and
52 personnel at a medical facility to provide certain
53 patients with information regarding adoption and a
54 statewide list of attorneys available to provide
55 volunteer legal services for adoption; providing
56 rulemaking authority to the Agency for Health Care
57 Administration and the Department of Health; providing
58 that rulemaking authority is supplemental to s.
59 390.012, F.S.; amending s. 39.001, F.S.; providing
60 legislative intent concerning adoption services for
61 women and minors with unwanted pregnancies; requiring
62 the Office of Adoption and Child Protection to create
63 and manage a statewide list of attorneys providing
64 volunteer adoption services for women and minors with
65 unwanted pregnancies who would have selected abortion,
66 if lawful, rather than adoption; providing that the
67 full amount of all federal moneys received by the
68 state as a result of efforts made by the office to
69 provide legal services for adoption are deposited,
70 directed, and budgeted for use by the office;
71 repealing ss. 390.011, 390.0111, 390.01114, 390.01116,
72 390.0112, 390.012, 390.014, 390.015, 390.018, and
73 390.025, F.S., relating to provisions regulating the
74 termination of pregnancies and definitions applying
75 thereto, the Parental Notice of Abortion Act, public
76 records exemptions for identifying information
77 regarding minors seeking a waiver of notice
78 requirements under such act, reporting requirements
79 for terminated pregnancies, the licensure and
80 operation of abortion clinics, the disposal of fetal
81 remains, the imposition of administrative fines for
82 violations by abortion clinics, and provisions
83 regulating abortion referral or counseling agencies
84 and prescribing penalties for violations by such
85 agencies; repealing ss. 782.30, 782.32, 782.34, and
86 782.36, F.S., relating to the Partial-Birth Abortion
87 Act; amending s. 27.511, F.S.; conforming language
88 relating to court-appointed counsel for minors under
89 the Parental Notice of Abortion Act to the repeal of
90 s. 390.01114, F.S.; amending ss. 627.64995, 627.6699,
91 627.66996, and 641.31099, F.S.; providing restrictions
92 on use of state and federal funds for state exchanges
93 that provide coverage for induced abortions and
94 terminations of pregnancies under certain conditions;
95 amending ss. 743.065 and 765.113, F.S.; conforming
96 cross-references; providing an effective date.
97
98 Be It Enacted by the Legislature of the State of Florida:
99
100 Section 1. This act may be cited as the “Unborn Viability
101 Act.”
102 Section 2. Section 390.0001, Florida Statutes, is created
103 to read:
104 390.0001 Legislative findings regarding abortion.—
105 (1) The Legislature acknowledges that all persons are
106 endowed by their Creator with certain unalienable rights, and
107 that first among these is their right to life.
108 (2) The Legislature finds that all human life comes from
109 the Creator, has an inherent value that cannot be quantified by
110 man, and begins at the earliest biological development of a
111 fertilized human egg.
112 (3) The Legislature finds that the United States
113 Constitution expresses no qualification for, or limitation on,
114 the protection of human life by laws passed by state
115 legislatures which regard human life as the most fundamental
116 gift from God and deserving of paramount importance among all
117 other unalienable rights expressed or implied in the United
118 States Constitution.
119 (4) The Legislature finds that personal liberty is not a
120 license to kill or otherwise destroy any form of human life
121 under any provision of the United States Constitution.
122 (5) The Legislature finds that once human life begins,
123 there is a compelling state interest in protecting its
124 development from that moment through birth. Any act of a person
125 detrimental to unborn human life, when not necessary in defense
126 of the life of a mother bearing such unborn human life, which
127 unnaturally terminates that unborn human life, is a deprivation
128 of that unborn human’s unalienable right to life.
129 (6) The Legislature finds that the establishment of
130 viability as the point at which the state may restrict
131 abortions, as well as the “undue burden” standard of Planned
132 Parenthood of Southern Pennsylvania v. Casey, 505 U.S. 833
133 (1992) is arbitrary and provides inadequate guidance for this
134 state to enact meaningful protections for unborn human life.
135 (7) The Legislature finds that the health exception
136 required of post-viability abortion regulations inadequately
137 protects the health of women and minors seeking post-viability
138 abortions and impedes the state’s protection of viable unborn
139 human life.
140 (8) The Legislature finds that the people of Florida seek
141 to protect all human life and prohibit unnecessary abortion
142 through the exercise of their right to self-government.
143 (9) The Legislature urges the United States Supreme Court
144 to overturn Roe v. Wade, 410 U.S. 113 (1973), and Planned
145 Parenthood of Southern Pennsylvania v. Casey, 505 U.S. 833
146 (1992).
147 Section 3. Section 390.01117, Florida Statutes, is created
148 to read:
149 390.01117 Definitions.—As used in this chapter, the term:
150 (1) “Abortion” means the termination of a human pregnancy
151 with an intention other than to produce a live birth or to
152 remove a fetus that has died of natural causes.
153 (2) “Abortion clinic” or “clinic” means any facility,
154 location, or structure in which abortions are performed. The
155 term does not include a hospital or other medical establishment
156 as defined in subsection (6).
157 (3) “Agency” means the Agency for Health Care
158 Administration.
159 (4) “Born alive” means the complete expulsion or extraction
160 from the mother of a human infant, at any stage of development,
161 who, after such expulsion or extraction, breathes or has a
162 beating heart or definite and voluntary movement of muscles,
163 regardless of whether the umbilical cord has been cut and
164 regardless of whether the expulsion or extraction occurs as a
165 result of natural or induced labor, caesarean section, induced
166 abortion, or another method.
167 (5) “Department” means the Department of Health.
168 (6) “Hospital” means a medical establishment as defined in
169 s. 395.002(12) and licensed under chapter 395 and part II of
170 chapter 408.
171 (7) “Human life” means a human person and is the biological
172 development of the species homo sapiens that begins when a human
173 egg is fertilized by a human sperm and continues to develop as a
174 living organism. For the purposes of this chapter, the terms
175 “human life” and “human person” may be used interchangeably.
176 (8) “Induced abortion” means a medically initiated
177 termination of a human pregnancy with the intent to kill a
178 living human organism, zygote, embryo, or fetus. For purposes of
179 this subsection, the term “medically initiated” refers to the
180 ingestion or administration of pharmaceutical abortifacients by
181 any means, surgical procedures, or use of any device or
182 instrument and any combination thereof.
183 (9) “Medical emergency” means a condition that, on the
184 basis of a physician’s good faith clinical judgment, so
185 complicates the medical condition of a patient as to necessitate
186 the immediate termination of her pregnancy to avert her death,
187 or for which a delay in the termination of her pregnancy will
188 create serious risk of substantial and irreversible impairment
189 of a major bodily function or unreasonably reduce the likelihood
190 of successful treatment of a life-threatening disease.
191 (10) “Patient” means the woman or minor upon whom an
192 abortion or termination of pregnancy is performed or induced.
193 (11) “Physician” means a physician licensed under chapter
194 458 or chapter 459 or a physician practicing medicine or
195 osteopathic medicine in the employment of the United States who
196 is attending to the patient.
197 (12) “Pregnancy” means the process by which one or more
198 human persons develop in a woman’s body.
199 (13) “Termination of pregnancy” means the termination of a
200 human pregnancy under circumstances not prohibited by this
201 section.
202 (14) “Viability” means that stage of fetal development
203 when, in the judgment of the physician, based on the particular
204 facts of the case before him or her and in light of the most
205 advanced medical technology and information available, there is
206 a reasonable probability of sustained survival of the unborn
207 human person outside his or her mother’s womb with or without
208 artificial support.
209 Section 4. Section 390.01118, Florida Statutes, is created
210 to read:
211 390.01118 Abortion unlawful beginning with 20th week of
212 pregnancy; termination of pregnancies.—
213 (1) TERMINATION AFTER VIABILITY PROHIBITED; EXCEPTION.—A
214 termination of pregnancy may not be performed on any human being
215 when it is determined, in accordance with a determination of
216 viability pursuant to subsection (2), that the fetus is viable
217 unless:
218 (a) Two physicians certify in writing to the fact that, to
219 a reasonable degree of medical certainty, the termination of
220 pregnancy is necessary to prevent the death of the patient;
221 (b) Two physicians certify in writing to the fact that, to
222 a reasonable degree of medical certainty, the termination of
223 pregnancy is necessary because to continue the pregnancy would
224 unreasonably reduce the likelihood of successful treatment of an
225 already life-threatening disease of the patient; or
226 (c) The attending physician certifies in writing that a
227 medical emergency existed as described in paragraph (a) or
228 paragraph (b) and another physician was not available for
229 consultation before the time necessary to perform the
230 termination of pregnancy. The physician’s written certification
231 must clearly describe the details of the medical emergency in
232 the patient’s medical records.
233 (2) DETERMINATION OF VIABILITY.—A termination of pregnancy
234 may not be induced or performed on any patient who is in the
235 20th week of pregnancy or later without first obtaining an
236 ultrasound from a physician to determine the stage of fetal
237 development. The physician shall estimate as accurately as
238 possible the stage of fetal development and shall indicate on
239 the patient’s medical records the gestational age, length, and
240 weight, and lung maturity of the fetus. The physician shall also
241 indicate on the patient’s medical records whether, within a
242 reasonable degree of medical probability, the fetus is viable.
243 Due to the potential of an inherent conflict of interest, the
244 performance of the ultrasound and the determination of viability
245 required under this subsection may not be performed by a
246 physician or other person who provides reproductive health
247 services at an abortion clinic.
248 (3) STANDARD OF MEDICAL CARE TO BE USED DURING VIABILITY.—
249 (a) A termination of pregnancy involving a viable fetus,
250 when not prohibited under subsection (1), must be performed in a
251 hospital or other medical establishment that is capable of
252 providing all necessary lifesaving or life-sustaining medical
253 services to the viable fetus.
254 (b) If a termination of pregnancy is performed while the
255 patient’s fetus is viable, the person who performs or induces
256 the termination of pregnancy may not fail to use that degree of
257 professional skill, care, and diligence to preserve the life and
258 health of the fetus which such person would be required to
259 exercise in order to preserve the life and health of any fetus
260 intended to be born alive. Notwithstanding this subsection, the
261 patient’s life is an overriding and superior consideration to
262 the concern for the life of the fetus, and the patient’s health
263 is an overriding and superior consideration to the concern for
264 the health of the fetus when such life or health concerns are in
265 conflict. For purposes of this subsection, health considerations
266 refer to medical judgment exercised in light of factors
267 exclusively described in subsection (1). Violation of this
268 subsection by a physician constitutes grounds for disciplinary
269 action under s. 458.331 or s. 459.015.
270 (c) Any physician who, once the matter of the viability or
271 nonviability of the fetus is determined within a reasonable
272 degree of medical probability, knowingly and willfully
273 misrepresents the gestational age or stage of fetal development
274 of a viable fetus in an entry into any medical record and who
275 fails to use the standard of care required under paragraph (b)
276 on any fetus determined to be viable commits a felony of the
277 first degree, punishable as provided in s. 775.082, s. 775.083,
278 or s. 775.084.
279 (4) PERFORMANCE BY PHYSICIAN REQUIRED.—A termination of
280 pregnancy may not, at any time, be performed by a person who is
281 not a physician.
282 (5) CONSENTS REQUIRED.—A termination of pregnancy may not
283 be performed or induced except with the voluntary and informed
284 written consent of the patient or, in the case of a mentally
285 incompetent patient, the voluntary and informed written consent
286 of her court-appointed guardian or, in the case of a minor
287 patient, notwithstanding s. 743.065, the voluntary and informed
288 consent of the minor’s parent or legal guardian.
289 (a) Except in the case of a medical emergency, consent to a
290 termination of pregnancy is voluntary and informed only if:
291 1. The physician who is to perform the procedure or the
292 referring physician has personally informed the patient, or the
293 court-appointed guardian if the patient is mentally incompetent
294 or a parent or legal guardian in the case of a minor patient,
295 of:
296 a. The nature and risks of undergoing or not undergoing the
297 proposed procedure that a reasonable patient similarly situated
298 may consider relevant to making an informed decision of whether
299 to terminate a pregnancy.
300 b. The probable gestational age of the fetus at the time
301 the termination of pregnancy is to be performed.
302 c. The medical risks to the patient and fetus of carrying
303 the pregnancy to term.
304 d. All other factors, including physical, emotional,
305 psychological, and familial factors relevant to the short-term
306 and long-term well-being of the patient, including the emotional
307 and psychological impact relating to the loss of human life
308 through voluntary termination of the pregnancy.
309 2. Printed materials prepared and provided by the
310 department have been provided to the patient, or the court
311 appointed guardian if the patient is mentally incompetent or a
312 parent or legal guardian in the case of a minor patient,
313 including:
314 a. An accurate estimate of the stage of biological
315 development, gestational age, length, weight, and viability of
316 the unborn human person.
317 b. A list of agencies that offer alternatives to
318 terminating the pregnancy.
319 c. Detailed information on the availability of medical
320 assistance benefits for prenatal care, childbirth, and neonatal
321 care.
322 3. The patient, or the court-appointed guardian if the
323 patient is mentally incompetent or a parent or legal guardian in
324 the case of a minor patient, has been given, in writing, the
325 address and telephone number of the Office of Adoption and Child
326 Protection within the Executive Office of the Governor and
327 informed of the existence of a statewide list of attorneys
328 available to provide volunteer legal services for adoption.
329 4. The person required to give consent under this
330 subsection acknowledges in writing, before the termination of
331 the pregnancy, that the information required to be provided
332 under this paragraph has been provided.
333 (b) In the event a medical emergency exists and a physician
334 cannot comply with the requirements for informed consent, the
335 attending physician may terminate a pregnancy if he or she has
336 obtained at least one corroborative physician’s written opinion
337 attesting to the medical necessity for emergency medical
338 procedures and to the fact that, to a reasonable degree of
339 medical certainty, the continuation of the pregnancy would
340 threaten the physical life of the patient. In the event that a
341 second physician is not available for a corroborating written
342 opinion before the time necessary to perform the termination of
343 pregnancy, the physician may proceed but must document all
344 reasons for the medical emergency and must clearly describe the
345 details of the medical emergency in the patient’s medical
346 records as described in paragraph (1)(c).
347 (c) Violation of this subsection by a physician constitutes
348 grounds for disciplinary action under s. 458.331 or s. 459.015.
349 Substantial compliance or reasonable belief that complying with
350 the requirements of informed consent would threaten the life of
351 the patient as described in paragraph (1)(a) or would
352 unreasonably reduce the successful treatment of an already life
353 threatening disease of the patient as described in paragraph
354 (1)(b) may be raised as a defense to any action brought under
355 this subsection.
356 (6) EXPERIMENTATION ON FETUS PROHIBITED; EXCEPTION.—A
357 person may not use any live fetus or live, premature infant for
358 any type of scientific, research, laboratory, or other kind of
359 experimentation before or after any termination of pregnancy
360 procedure except as necessary to protect or preserve the life
361 and health of such fetus or premature infant. Violation of this
362 subsection by a physician constitutes grounds for disciplinary
363 action under s. 458.331 or s. 459.015.
364 (7) FETAL REMAINS.—Fetal remains shall be disposed of in a
365 sanitary and appropriate manner and in accordance with standard
366 health practices as provided by rule of the department. A person
367 who fails to dispose of fetal remains in accordance with
368 department rules commits a felony of the third degree,
369 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
370 (8) REFUSAL TO PARTICIPATE IN TERMINATION PROCEDURE.—This
371 section does not require any hospital or other medical
372 establishment or person to participate in the termination of a
373 pregnancy and any hospital or other medical establishment or
374 person is not liable for such refusal. A person who is a member
375 of or associated with the staff of a hospital or other medical
376 establishment, or any employee of a hospital or other medical
377 establishment or physician in which or by whom the termination
378 of a pregnancy is authorized or performed, who states an
379 objection to such procedure may not be required to participate
380 in the procedure which will result in the termination of
381 pregnancy. The refusal of any such person or employee to
382 participate does not form the basis for any disciplinary or
383 other recriminatory action against such person.
384 (9) EXCLUSION FROM APPLICABILITY.—This section does not
385 apply to the performance of a procedure that terminates a
386 pregnancy in order to deliver a live child or to remove a dead
387 fetus, whose demise was not the product of a termination of
388 pregnancy or an abortion, from the patient’s body.
389 (10) PENALTIES FOR VIOLATION.—
390 (a) Any person who willfully induces, performs, or assists
391 in a termination of pregnancy procedure on another person in
392 violation of the requirements of subsection (2), paragraph
393 (3)(a), or subsection (4) commits a felony of the second degree,
394 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
395 (b) Any person who willfully induces, performs, or assists
396 in a termination of pregnancy procedure on another person in
397 violation of subsection (1) commits a felony of the first
398 degree, punishable as provided in s. 775.082, s. 775.083, or s.
399 775.084.
400 (c) Any person who willfully induces, performs, or assists
401 in a termination of pregnancy procedure on another person in
402 violation of subsection (1) which results in serious bodily
403 injury to the person commits a felony of the first degree,
404 punishable by imprisonment for a term of years not exceeding
405 life as provided in s. 775.082, s. 775.083, or s. 775.084.
406 (d) Any person who induces, performs, or assists in a
407 termination of pregnancy procedure on another person in
408 violation of this section which results in the death of the
409 person commits a life felony, punishable as provided in s.
410 775.082, s. 775.083, or s. 775.084.
411 (11) ADOPTION ALTERNATIVE INFORMATION.—Any physician or
412 authorized personnel of a medical facility who learns that a
413 patient wishes to obtain an induced abortion, or that a patient
414 has had a termination of pregnancy where the fetus survived,
415 shall provide that patient with information concerning the
416 availability of adoption for her unwanted child. Compliance with
417 this subsection may be accomplished by providing the patient or,
418 in the case of a mentally incompetent patient, her court
419 appointed guardian or, in the case of a minor patient, the
420 minor’s parent or legal guardian with the address and telephone
421 number of the Office of Adoption and Child Protection within the
422 Executive Office of the Governor and inform the patient or, in
423 the case of a mentally incompetent patient, her court-appointed
424 guardian or, in the case of a minor patient, the minor’s parent
425 or legal guardian of the existence of a statewide list of
426 attorneys available to provide volunteer legal services for
427 adoption.
428 (12) RULEMAKING AUTHORITY.—
429 (a) Except for subsection (7), the agency may adopt rules
430 pursuant to ss. 120.536(1) and 120.54 to implement this section.
431 These rules shall be for the purpose of protecting the health
432 and safety of pregnant women and minors and unborn human
433 persons. These rules are also for the purpose of securing
434 compliance with the requirements of this section and to
435 facilitate the enforcement of sanctions for those violations to
436 which administrative penalties apply.
437 (b) The department may adopt rules pursuant to ss.
438 120.536(1) and 120.54 to implement subsection (7).
439 (c) The rulemaking authority granted in this subsection is
440 supplemental to the rulemaking authority provided in s. 390.012.
441 Section 5. Subsection (7) of section 39.001, Florida
442 Statutes, is amended, and paragraph (d) is added to subsection
443 (8) of that section, to read:
444 39.001 Purposes and intent; personnel standards and
445 screening.—
446 (7) LEGISLATIVE INTENT FOR THE PREVENTION OF ABUSE,
447 ABANDONMENT, AND NEGLECT OF CHILDREN; ADOPTION SERVICES FOR
448 WOMEN AND MINORS WITH UNWANTED PREGNANCIES.—The incidence of
449 known child abuse, abandonment, and neglect has increased
450 rapidly in recent over the past 5 years. The impact that abuse,
451 abandonment, or neglect has on the victimized child, siblings,
452 family structure, and inevitably on all citizens of the state
453 has caused the Legislature to determine that the prevention of
454 child abuse, abandonment, and neglect shall be a priority of
455 this state. In addition, to provide assistance for women and
456 minors with unwanted pregnancies who would have selected
457 abortion, if lawful in this state, rather than adoption as an
458 alternative for their unborn children, the Legislature has
459 determined to offer such women and minors information regarding
460 volunteer legal services to accomplish an appropriate adoptive
461 placement for their newborn children. To further this end, It is
462 the intent of the Legislature that the an Office of Adoption and
463 Child Protection be maintained to accomplish these purposes
464 established.
465 (8) OFFICE OF ADOPTION AND CHILD PROTECTION.—
466 (d) In connection with the provision of volunteer legal
467 services for women and minors with unwanted pregnancies who
468 would have selected abortion, if lawful in this state, rather
469 than adoption, the office shall:
470 1. Create and manage a statewide list of attorneys that
471 provide volunteer adoption services for such women and minors.
472 2. Have deposited, directed, and budgeted in the full
473 amount for its use, in addition to funds that would have or are
474 otherwise budgeted for it, all moneys received by or otherwise
475 awarded to the state from the Federal Government, the United
476 States Treasury, or any other federal agency as a result of
477 efforts made by the office to provide legal services for
478 adoption.
479 Section 6. Sections 390.011, 390.0111, 390.01114,
480 390.01116, 390.0112, 390.012, 390.014, 390.015, 390.018,
481 390.025, 782.30, 782.32, 782.34, and 782.36, Florida Statutes,
482 are repealed.
483 Section 7. Paragraph (a) of subsection (6) of section
484 27.511, Florida Statutes, is amended to read:
485 27.511 Offices of criminal conflict and civil regional
486 counsel; legislative intent; qualifications; appointment;
487 duties.—
488 (6)(a) The office of criminal conflict and civil regional
489 counsel has primary responsibility for representing persons
490 entitled to court-appointed counsel under the Federal or State
491 Constitution or as authorized by general law in civil
492 proceedings, including, but not limited to, proceedings under s.
493 393.12 and chapters 39, 392, 397, 415, 743, 744, and 984 and
494 proceedings to terminate parental rights under chapter 63.
495 Private court-appointed counsel eligible under s. 27.40 have
496 primary responsibility for representing minors who request
497 counsel under s. 390.01114, the Parental Notice of Abortion Act;
498 however, the office of criminal conflict and civil regional
499 counsel may represent a minor under that section if the court
500 finds that no private court-appointed attorney is available.
501 Section 8. Subsection (1) of section 627.64995, Florida
502 Statutes, is amended to read:
503 627.64995 Restrictions on use of state and federal funds
504 for state exchanges.—
505 (1) A health insurance policy under which coverage is
506 purchased in whole or in part with any state or federal funds
507 through an exchange created pursuant to the federal Patient
508 Protection and Affordable Care Act, Pub. L. No. 111-148, may not
509 provide coverage for an induced abortion as defined in s.
510 390.01117 and prohibited under s. 390.01118 or for a termination
511 of pregnancy in violation of s. 390.01118(3) s. 390.011(1),
512 except if the pregnancy is the result of an act of rape or
513 incest, or in the case where a woman suffers from a physical
514 disorder, physical injury, or physical illness, including a
515 life-endangering physical condition caused by or arising from
516 the pregnancy itself, which would, as certified by a physician,
517 place the woman in danger of death unless an abortion is
518 performed. Coverage is deemed to be purchased with state or
519 federal funds if any tax credit or cost-sharing credit is
520 applied toward the health insurance policy.
521 Section 9. Paragraph (a) of subsection (17) of section
522 627.6699, Florida Statutes, is amended to read:
523 627.6699 Employee Health Care Access Act.—
524 (17) RESTRICTIONS ON COVERAGE.—
525 (a) A plan under which coverage is purchased in whole or in
526 part with any state or federal funds through an exchange created
527 pursuant to the federal Patient Protection and Affordable Care
528 Act, Pub. L. No. 111-148, may not provide coverage for an
529 induced abortion, as defined in s. 390.01117 and prohibited
530 under s. 390.01118 or for a termination of pregnancy in
531 violation of s. 390.01118(3) s. 390.011(1), except if the
532 pregnancy is the result of an act of rape or incest, or in the
533 case where a woman suffers from a physical disorder, physical
534 injury, or physical illness, including a life-endangering
535 physical condition caused by or arising from the pregnancy
536 itself, which would, as certified by a physician, place the
537 woman in danger of death unless an abortion is performed.
538 Coverage is deemed to be purchased with state or federal funds
539 if any tax credit or cost-sharing credit is applied toward the
540 plan.
541 Section 10. Subsection (1) of section 627.66996, Florida
542 Statutes, is amended to read:
543 627.66996 Restrictions on use of state and federal funds
544 for state exchanges.—
545 (1) A group, franchise, or blanket health insurance policy
546 under which coverage is purchased in whole or in part with any
547 state or federal funds through an exchange created pursuant to
548 the federal Patient Protection and Affordable Care Act, Pub. L.
549 No. 111-148, may not provide coverage for an induced abortion as
550 defined in s. 390.01117 and prohibited under s. 390.01118 or for
551 a termination of pregnancy in violation of s. 390.01118(3) s.
552 390.011(1), except if the pregnancy is the result of an act of
553 rape or incest, or in the case where a woman suffers from a
554 physical disorder, physical injury, or physical illness,
555 including a life-endangering physical condition caused by or
556 arising from the pregnancy itself, which would, as certified by
557 a physician, place the woman in danger of death unless an
558 abortion is performed. Coverage is deemed to be purchased with
559 state or federal funds if any tax credit or cost-sharing credit
560 is applied toward the group, franchise, or blanket health
561 insurance policy.
562 Section 11. Subsection (1) of section 641.31099, Florida
563 Statutes, is amended to read:
564 641.31099 Restrictions on use of state and federal funds
565 for state exchanges.—
566 (1) A health maintenance contract under which coverage is
567 purchased in whole or in part with any state or federal funds
568 through an exchange created pursuant to the federal Patient
569 Protection and Affordable Care Act, Pub. L. No. 111-148, may not
570 provide coverage for an induced abortion as defined in s.
571 390.01117 and prohibited under s. 390.01118 or for a termination
572 of pregnancy in violation of s. 390.01118(3) s. 390.011(1),
573 except if the pregnancy is the result of an act of rape or
574 incest, or in the case where a woman suffers from a physical
575 disorder, physical injury, or physical illness, including a
576 life-endangering physical condition caused by or arising from
577 the pregnancy itself, which would, as certified by a physician,
578 place the woman in danger of death unless an abortion is
579 performed. Coverage is deemed to be purchased with state or
580 federal funds if any tax credit or cost-sharing credit is
581 applied toward the health maintenance contract.
582 Section 12. Subsection (3) of section 743.065, Florida
583 Statutes, is amended to read:
584 743.065 Unwed pregnant minor or minor mother; consent to
585 medical services for minor or minor’s child valid.—
586 (3) Nothing in this act shall affect the provisions of s.
587 390.0111.
588 Section 13. Subsection (2) of section 765.113, Florida
589 Statutes, is amended to read:
590 765.113 Restrictions on providing consent.—Unless the
591 principal expressly delegates such authority to the surrogate in
592 writing, or a surrogate or proxy has sought and received court
593 approval pursuant to rule 5.900 of the Florida Probate Rules, a
594 surrogate or proxy may not provide consent for:
595 (2) Withholding or withdrawing life-prolonging procedures
596 from a pregnant patient before prior to viability as defined in
597 s. 390.01117 s. 390.0111(4).
598 Section 14. This act shall take effect July 1, 2014.
