Bill Text: FL S1718 | 2016 | Regular Session | Introduced
Bill Title: Abortion
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-03-11 - Died in Health Policy [S1718 Detail]
Download: Florida-2016-S1718-Introduced.html
Florida Senate - 2016 SB 1718 By Senator Evers 2-01398-16 20161718__ 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. 390.0111, F.S.; prohibiting inducing an 7 abortion or performing, attempting to perform, or 8 assisting in an induced abortion; providing criminal 9 penalties; providing criminal penalties for inflicting 10 serious bodily injury on a person in the course of 11 performing an abortion; providing criminal penalties; 12 providing enhanced criminal penalties if the serious 13 bodily injury results in death; prohibiting operation 14 of any facility, business, or service for the purpose 15 of providing induced abortion services; providing 16 criminal penalties; prohibiting termination of a 17 pregnancy unless specified conditions are met; 18 requiring voluntary, informed consent for a 19 termination of pregnancy; prohibiting fetal 20 experimentation; providing an exception; providing 21 enhanced criminal penalties for failure to dispose of 22 fetal remains in accordance with certain rules; 23 excluding specified procedures from applicability of 24 section; deleting provisions relating to partial-birth 25 abortion relief; requiring physicians and personnel at 26 a medical facility to provide certain women and minors 27 who have been treated by the facility with information 28 regarding adoption and access to a statewide list of 29 attorneys available to provide volunteer legal 30 services for adoption; authorizing the Agency for 31 Health Care Administration and the Department of 32 Health to adopt rules; amending s. 390.01112, F.S.; 33 providing grounds for disciplinary action against a 34 physician performing a termination of pregnancy during 35 viability under certain circumstances; specifying 36 where a termination of pregnancy during viability may 37 be performed; prohibiting misrepresentation of the 38 gestational age or developmental stage of a viable 39 fetus in any medical record or failure to use the 40 prescribed standard of care on a viable fetus by a 41 physician; providing criminal penalties; amending s. 42 39.001, F.S.; providing legislative intent concerning 43 adoption services for women and minors with unwanted 44 pregnancies; requiring the Office of Adoption and 45 Child Protection to create and manage a statewide list 46 of attorneys providing volunteer adoption services for 47 women and minors with unwanted pregnancies who would 48 have selected abortion, if lawful, rather than 49 adoption; providing that the full amount of all 50 federal moneys received by the state as a result of 51 efforts made by the office to provide legal and other 52 services for adoption are deposited, directed, and 53 budgeted for use by the office; repealing ss. 54 390.01114, 390.01116, 390.0112, 390.012, 390.014, 55 390.015, 390.018, and 390.025, F.S., relating to the 56 Parental Notice of Abortion Act, public records 57 exemptions for identifying information regarding 58 minors seeking a waiver of notice requirements under 59 such act, reporting requirements for terminated 60 pregnancies, the powers of agency, rules, and disposal 61 of fetal remains, licenses and fees, application for 62 licensure, the imposition of administrative fines for 63 violations by abortion clinics, and provisions 64 regulating abortion referral or counseling agencies 65 and prescribing penalties for violations by such 66 agencies; repealing ss. 782.30, 782.32, 782.34, and 67 782.36, F.S., relating to the Partial-Birth Abortion 68 Act and the short title, definitions, criminal 69 penalties for the intentional killing of a living 70 fetus while that fetus is partially born, and 71 exceptions to such act; amending s. 27.511, F.S.; 72 conforming provisions to changes made by the act; 73 amending ss. 627.64995, 627.6699, 627.66996, and 74 641.31099, F.S.; providing restrictions on use of 75 state and federal funds for state exchanges that 76 provide coverage for induced abortions and 77 terminations of pregnancies under certain conditions; 78 amending ss. 743.065, 743.067, and 765.113, F.S.; 79 conforming cross-references; providing an effective 80 date. 81 82 Be It Enacted by the Legislature of the State of Florida: 83 84 Section 1. This act may be cited as the “Florida for Life 85 Act.” 86 Section 2. Section 390.0001, Florida Statutes, is created 87 to read: 88 390.0001 Legislative findings regarding abortion.— 89 (1) The Legislature acknowledges that all persons are 90 endowed by their Creator with certain unalienable rights and 91 that first among these is their right to life. 92 (2) The Legislature finds that all human life comes from 93 the Creator, has an inherent value that cannot be quantified by 94 man, and begins at the earliest biological development of a 95 fertilized human egg. 96 (3) The Legislature finds that the United States 97 Constitution expresses no qualification for, or limitation on, 98 the protection of human life by laws passed by state 99 legislatures which regard human life as the most fundamental 100 gift from God and deserving of paramount importance among all 101 other unalienable rights expressed or implied in the United 102 States Constitution. 103 (4) The Legislature finds that personal liberty is not a 104 license to kill or otherwise destroy any form of human life 105 under any provision of the United States Constitution. 106 (5) The Legislature finds that once human life begins, 107 there is a compelling state interest in protecting its 108 development from that moment through birth. Any act of a person 109 detrimental to unborn human life, when not necessary in defense 110 of the life of the mother bearing such unborn human life, which 111 unnaturally terminates that unborn human life is a deprivation 112 of that unborn human’s unalienable right to life. 113 (6) The Legislature finds that the establishment of 114 viability as the point at which the state may restrict 115 abortions, as well as the “undue burden” standard of Planned 116 Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 117 (1992), is arbitrary and provides inadequate guidance for this 118 state to enact meaningful protections for unborn human life. 119 (7) The Legislature finds that the health exception 120 required of post-viability abortion regulations inadequately 121 protects the health of women and minors seeking post-viability 122 abortions and impedes the state’s protection of viable unborn 123 human life. 124 (8) The Legislature finds that the people of Florida seek 125 to protect all human life and prohibit unnecessary abortion 126 through the exercise of their right to self-government. 127 (9) The Legislature urges the United States Supreme Court 128 to overturn Roe v. Wade, 410 U.S. 113 (1973), and Planned 129 Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 130 (1992). 131 Section 3. Section 390.011, Florida Statutes, is amended to 132 read: 133 390.011 Definitions.—As used in this chapter, the term: 134 (1) “Abortion” means the termination of human pregnancy 135 with an intention other than to produce a live birth or to 136 remove adeadfetus that has died of natural causes. 137 (2) “Abortion clinic” or “clinic” means any facility, 138 location, or structure in which abortions are performed. The 139 term does not include:140(a)a hospital or medical establishment as defined in 141 subsection (6); or142(b) A physician’s office, provided that the office is not143used primarily for the performance of abortions. 144 (3) “Agency” means the Agency for Health Care 145 Administration. 146 (4) “Born alive” means the complete expulsion or extraction 147 from the mother of a human infant, at any stage of development, 148 who, after such expulsion or extraction, breathes or has a 149 beating heart, or definite and voluntary movement of muscles, 150 regardless of whether the umbilical cord has been cut and 151 regardless of whether the expulsion or extraction occurs as a 152 result of natural or induced labor, caesarean section, induced 153 abortion, or other method. 154 (5) “Department” means the Department of Health. 155 (6) “Hospital” means a medical establishmentfacilityas 156 defined in s. 395.002(12) and licensed under chapter 395 and 157 part II of chapter 408. 158 (7) “Human life” means a human person and is the biological 159 development of the species Homo sapiens that begins when a human 160 egg is fertilized by a human sperm and continues to develop as a 161 living organism. For the purposes of this chapter, the terms 162 “human life” and “human person” may be used interchangeably. 163 (8) “Induced abortion” means a medically initiated 164 termination of a human pregnancy with the intent to kill a 165 living human organism, zygote, embryo, or fetus. For purposes of 166 this subsection, the term “medically initiated” means the 167 ingestion or administration of pharmaceutical abortifacients by 168 any means, performance of a surgical procedure, or use of any 169 device or instrument and any combination thereof. 170 (9) “Medical emergency” means a condition that, on the 171 basis of a physician’s good faith clinical judgment, so 172 complicates the medical condition of a patient as to necessitate 173 the immediate termination of her pregnancy to avert her death, 174 or for which a delay in the termination of her pregnancy will 175 create serious risk of substantial and irreversible impairment 176 of a major bodily function or unreasonably reduce the likelihood 177 of successful treatment of a life-threatening disease. 178 (10)(7)“Partial-birth abortion” means a termination of 179 pregnancy in which the physician performing the termination of 180 pregnancy partially vaginally delivers a living fetus and then 181 killsbefore killingthe fetus beforeandcompleting the 182 delivery. 183 (11) “Patient” means the woman or minor upon whom an 184 abortion or termination of pregnancy is to be performed or 185 induced. 186 (12)(8)“Physician” means a physician licensed under 187 chapter 458 or chapter 459 or a physician practicing medicine or 188 osteopathic medicine in the employment of the United States who 189 is attending to the patient. 190 (13) “Pregnancy” means the process by which a human egg is 191 fertilized by a human sperm and continues to develop. 192 (14)(9)“Reasonable medical judgment” means a medical 193 judgmentthat would bemade by a practicingreasonably prudent194 physician,knowledgeable about the case and the treatment 195 possibilities with respect to the medical conditions involved. 196 (15)(10)“Standard medical measure” means the medical care 197 that a physician would provide based on the particular facts of 198 the pregnancy, the information available to the physician, and 199 the technology reasonably available in a hospital, as defined in 200 s. 395.002, with an obstetrical department, to preserve the life 201 and health of the fetus, with or without temporary artificial 202 life-sustaining support, if the fetus were born at the same 203 stage of fetal development. 204 (16) “Termination of pregnancy” means the termination of a 205 human pregnancy under circumstances not prohibited by this 206 chapter. 207 (17)(11)“Third trimester” means the weeks of pregnancy 208 after the 24th week of pregnancy. 209 (18)(12)“Viable” or “viability” means the stage of fetal 210 development when, in the judgment of the physician, based on the 211 particular facts of the case before him or her and in light of 212 the most advanced medical technology and information available, 213 there is a reasonable probability of sustained survival of the 214 unborn human person outside his or her mother’s womb with or 215 without artificial supportthe life of a fetus is sustainable216outside the womb through standard medical measures. 217 Section 4. Section 390.0111, Florida Statutes, is amended 218 to read: 219 390.0111 Abortion unlawful; termination of pregnancies; 220 circumstances authorized.— 221 (1) INDUCED ABORTION PROHIBITED; PENALTIES.— 222 (a) Induced abortion for any purpose is unlawful, except as 223 provided in s. 390.01112. Any person who induces an abortion or 224 performs, attempts to perform, or assists another in the 225 performance of an induced abortion on another person commits a 226 felony of the first degree, punishable as provided in s. 227 775.082, s. 775.083, or s. 775.084. 228 (b) Any person who during the course of performing an 229 induced abortion on another person inflicts serious bodily 230 injury on the person commits a felony of the first degree, 231 punishable by imprisonment for a term of years not exceeding 232 life, as provided in s. 775.082, s. 775.083, or s. 775.084. 233 (c) Any person who during the course of performing an 234 induced abortion on another person inflicts serious bodily 235 injury on the person which results in the death of the person 236 commits a life felony, punishable as provided in s. 775.082, s. 237 775.083, or s. 775.084. 238 (2) OPERATING ABORTION CLINICS AND SERVICES PROHIBITED.—A 239 person or persons who operate any facility, business, or service 240 from any location within this state for the purpose of providing 241 induced abortion services commit a felony of the first degree, 242 punishable by imprisonment for a term of years not exceeding 243 life, as provided in s. 775.082, s. 775.083, or s. 775.084. 244 (3)(1)TERMINATION OF PREGNANCYIN THIRD TRIMESTER; WHEN 245 ALLOWED.—ANotermination of pregnancy may notshallbe 246 performed on any human beingin the third trimester of pregnancy247 unless one of the following conditions is met: 248 (a) Two physicians certify in writing that, to a reasonable 249 degree of medical certaintyin reasonable medical judgment, the 250 termination of the pregnancy is necessary to prevent the death 251 of the patient;save the pregnant woman’s life or avert a252serious risk of substantial and irreversible physical impairment253of a major bodily function of the pregnant woman other than a254psychological condition.255 (b) Two physicians certifyThe physician certifiesin 256 writing that, to a reasonable degree of medical certainty, the 257 termination of pregnancy is necessary because to continue the 258 pregnancy would unreasonably reduce the likelihood of successful 259 treatment of an already life-threatening disease of the patient; 260 or 261 (c) The attending physician certifies in writing that a 262 medical emergency existed as described in paragraph (a) or 263 paragraph (b) and another physician was not available for 264 consultation before the time necessary to perform the 265 termination of pregnancy. The physician’s written certification 266 must clearly describe the details of the medical emergency in 267 the patient’s medical records. 268 269 Violation of this subsection by a physician constitutes grounds 270 for disciplinary action under s. 458.331 or s. 459.015in271reasonable medical judgment, there is a medical necessity for272legitimate emergency medical procedures for termination of the273pregnancy to save the pregnant woman’s life or avert a serious274risk of imminent substantial and irreversible physical275impairment of a major bodily function of the pregnant woman276other than a psychological condition, and another physician is277not available for consultation. 278 (4)(2)PERFORMANCE BY PHYSICIAN REQUIRED.—ANotermination 279 of pregnancy may notshallbe performed at any time except by a 280 physician as defined in s. 390.011. 281 (5)(3)CONSENTS REQUIRED.—A termination of pregnancy may 282 not be performed or induced except with the voluntary and 283 informed written consent of the patientpregnant womanor, in 284 the case of a mentallymentalincompetent patient, the voluntary 285 and informed written consent of her court-appointed guardian or, 286 in the case of a minor patient, notwithstanding s. 743.065, the 287 voluntary informed written consent of her parent or legal 288 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, at a minimum, orally, while physically 293 present in the same room, and at least 24 hours before the 294 procedure, informed the patient, or the court-appointed guardian 295 if the patient is mentally incompetent or the parent or legal 296 guardian if the patient is a minor,womanof: 297 a. The nature and risks of undergoing or not undergoing the 298 proposed procedure that a reasonable patient would consider 299 material to making a knowing and willful decision of whether to 300 terminate a pregnancy. 301 b. The probable gestational age of the fetus, verified by 302 an ultrasound, at the time the termination of pregnancy is to be 303 performed. 304 (I) The ultrasound must be performed by the physician who 305 is to perform the abortion or by a person having documented 306 evidence that he or she has completed a course in the operation 307 of ultrasound equipment as prescribed by rule and who is working 308 in conjunction with the physician. 309 (II) The person performing the ultrasound must offer the 310 patientwomanthe opportunity to view the live ultrasound images 311 and hear an explanation of them. If the patientwomanaccepts 312 the opportunity to view the images and hear the explanation, a 313 physician or a registered nurse, licensed practical nurse, 314 advanced registered nurse practitioner, or physician assistant 315 working in conjunction with the physician must contemporaneously 316 review and explain the images to the patientwomanbefore the 317 patientwomangives informed consent to having an abortion 318 procedure performed. 319 (III) The patientwomanhas a right to decline to view and 320 hear the explanation of the live ultrasound images after she is 321 informed of her right and offered an opportunity to view the 322 images and hear the explanation. If the patientwomandeclines, 323 the patientwomanshall complete a form acknowledging that she 324 was offered an opportunity to view and hear the explanation of 325 the images but that she declined that opportunity. The form must 326 also indicate that the patient’swoman’sdecision was not based 327 on any undue influence from any person to discourage her from 328 viewing the images or hearing the explanation and that she 329 declined of her own free will. 330 (IV) Unless requested by the patientwoman, the person 331 performing the ultrasound may not offer the opportunity to view 332 the images and hear the explanation and the explanation may not 333 be given if, at the time the patientwomanschedules or arrives 334 for her appointment to obtain an abortion, a copy of a 335 restraining order, police report, medical record, or other court 336 order or documentation is presented which provides evidence that 337 the patientwomanis obtaining the abortion because the patient 338womanis a victim of rape, incest, domestic violence, or human 339 trafficking or that the patientwomanhas been diagnosed as 340 having a condition that, on the basis of a physician’s good 341 faith clinical judgment, would create a serious risk of 342 substantial and irreversible impairment of a major bodily 343 function if the patientwomandelayed terminating her pregnancy. 344 c. The medical risks to the patientwomanand fetus of 345 carrying the pregnancy to term. 346 347 The physician may provide the information required in this 348 subparagraph within 24 hours before the procedure if requested 349 by the patientwomanat the time she schedules or arrives for 350 her appointment to obtain an abortion and if she presents to the 351 physician a copy of a restraining order, police report, medical 352 record, or other court order or documentation evidencing that 353 she is obtaining the abortion because she is a victim of rape, 354 incest, domestic violence, or human trafficking. 355 2. Printed materials prepared and provided by the 356 department have been provided to the patient, or the court 357 appointed guardian if the patient is mentally incompetent or the 358 parent or legal guardian if the patient is a minorpregnant359woman, if she chooses to view these materials, including: 360 a. An accurate estimate of the stage of biological 361 development, gestational age, length, weight, and viability of 362 the unborn human personA description of the fetus, including a363description of the various stages of development. 364 b. A list of entities 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 the parent or legal guardian 371 if the patient is a minor, 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 4.3.The person required to give consent under this 377 subsectionwomanacknowledges in writing, before the termination 378 of pregnancy, that the information required to be provided under 379 this subsection has been provided. 380 381 Nothing in this paragraph is intended to prohibit a physician 382 from providing any additional information thatwhichthe 383 physician deems material to the patient’swoman’sinformed 384 decision to terminate her pregnancy. 385 (b) If a medical emergency exists and a physician cannot 386 comply with the requirements for informed consent, the attending 387aphysician may terminate a pregnancy if he or she has obtained 388 at least one physician’s corroborative written medical opinion 389 attesting to the medical necessity for emergency medical 390 procedures and to the fact that to a reasonable degree of 391 medical certainty the continuation of the pregnancy would 392 threaten the physical life of the patientpregnant woman. If a 393 second physician is not available for a corroborating written 394 opinion before the time necessary to perform the termination of 395 pregnancy, the physician may proceed but mustshalldocument all 396 reasons for the medical emergency and must clearly describe the 397 details of the medical emergencynecessityin the patient’s 398 medical records as described in paragraph (3)(c). 399 (c) Violation of this subsection by a physician constitutes 400 grounds for disciplinary action under s. 458.331 or s. 459.015. 401 Substantial compliance or reasonable belief that complying with 402 the requirements of informed consent would threaten the lifeor403healthof the patient as described in paragraph (3)(a) or would 404 unreasonably reduce the successful treatment of an already life 405 threatening disease of the patient as described in paragraph 406 (3)(b) may be raised asisa defense to any action brought under 407 this subsectionparagraph. 408(4) STANDARD OF MEDICAL CARE TO BE USED IN THIRD409TRIMESTER.—If a termination of pregnancy is performed in the410third trimester, the physician performing the termination of411pregnancy must exercise the same degree of professional skill,412care, and diligence to preserve the life and health of the fetus413which the physician would be required to exercise in order to414preserve the life and health of a fetus intended to be born and415not aborted. However, if preserving the life and health of the416fetus conflicts with preserving the life and health of the417pregnant woman, the physician must consider preserving the418woman’s life and health the overriding and superior concern.419(5) PARTIAL-BIRTH ABORTION PROHIBITED; EXCEPTION.—420(a) No physician shall knowingly perform a partial-birth421abortion.422(b) A woman upon whom a partial-birth abortion is performed423may not be prosecuted under this section for a conspiracy to424violate the provisions of this section.425(c) This subsection shall not apply to a partial-birth426abortion that is necessary to save the life of a mother whose427life is endangered by a physical disorder, illness, or injury,428provided that no other medical procedure would suffice for that429purpose.430 (6) EXPERIMENTATION ON FETUS PROHIBITED; EXCEPTION.—ANo431 person may notshalluse any live fetus or live, premature 432 infant for any type of scientific, research, laboratory, or 433 other kind of experimentation either beforeprior toor 434 subsequent to any termination of pregnancy procedure except as 435 necessary to protect or preserve the life and health of such 436 fetus or premature infant. Violation of this subsection by a 437 physician constitutes grounds for disciplinary action under s. 438 458.331 or s. 459.015. 439 (7) FETAL REMAINS.—Fetal remains shall be disposed of in a 440 sanitary and appropriate manner and in accordance with standard 441 health practices, as provided by rule of the Department of 442 Health. A person who failsFailureto dispose of fetal remains 443 in accordance with department rules commits a felony of the 444 third degreeis a misdemeanor of the second degree, punishable 445 as provided in s. 775.082,ors. 775.083, or s. 775.084. 446 (8) REFUSAL TO PARTICIPATE IN TERMINATION PROCEDURE. 447 Nothing in this section shall require any hospital or any person 448 to participate in the termination of a pregnancy, nor shall any 449 hospital or any person be liable for such refusal. ANoperson 450 who is a member of, or associated with, the staff of a hospital, 451 ornorany employee of a hospital or physician in which or by 452 whom the termination of a pregnancy has been authorized or 453 performed, who statesshall statean objection to such procedure 454 on moral or religious grounds is notshall berequired to 455 participate in the procedure which will result in the 456 termination of pregnancy. The refusal of any such person or 457 employee to participate doesshallnot form the basis for any 458 disciplinary or other recriminatory action against such person. 459 (9) EXCEPTION.—The provisions ofThis section doesshall460 not apply to the performance of a procedure which terminates a 461 pregnancy in order to deliver a live child or to remove a dead 462 child whose demise was not the result of a termination of 463 pregnancy or an induced abortion from the patient’s body. 464(10) PENALTIES FOR VIOLATION.—Except as provided in465subsections (3), (7), and (12):466(a) Any person who willfully performs, or actively467participates in, a termination of pregnancy in violation of the468requirements of this section or s. 390.01112 commits a felony of469the third degree, punishable as provided in s. 775.082, s.470775.083, or s. 775.084.471(b) Any person who performs, or actively participates in, a472termination of pregnancy in violation of this section or s.473390.01112 which results in the death of the woman commits a474felony of the second degree, punishable as provided in s.475775.082, s. 775.083, or s. 775.084.476(11) CIVIL ACTION PURSUANT TO PARTIAL-BIRTH ABORTION;477RELIEF.—478(a) The father, if married to the mother at the time she479receives a partial-birth abortion, and, if the mother has not480attained the age of 18 years at the time she receives a partial481birth abortion, the maternal grandparents of the fetus may, in a482civil action, obtain appropriate relief, unless the pregnancy483resulted from the plaintiff’s criminal conduct or the plaintiff484consented to the abortion.485(b) In a civil action under this section, appropriate486relief includes:4871. Monetary damages for all injuries, psychological and488physical, occasioned by the violation of subsection (5).4892. Damages equal to three times the cost of the partial490birth abortion.491 (10)(12)INFANTS BORN ALIVE.— 492 (a) An infant born alive during or immediately after an 493 attempted abortion is entitled to the same rights, powers, and 494 privileges as are granted by the laws of this state to any other 495 child born alive in the course of natural birth. 496 (b) If an infant is born alive during or immediately after 497 an attempted abortion, any health care practitioner present at 498 the time shall humanely exercise the same degree of professional 499 skill, care, and diligence to preserve the life and health of 500 the infant as a reasonably diligent and conscientious health 501 care practitioner would render to an infant born alive at the 502 same gestational age in the course of natural birth. 503 (c) An infant born alive during or immediately after an 504 attempted abortion must be immediately transported and admitted 505 to a hospital or other medical establishment as described in s. 506 390.01112(4)pursuant to s. 390.012(3)(c) or rules adopted507thereunder. 508 (d) A health care practitioner or any employee of a 509 hospital, a physician’s office, or an abortion clinic who has 510 knowledge of a violation of this subsection must report the 511 violation to the department. 512 (e) A person who violates this subsection commits a 513 misdemeanor of the first degree, punishable as provided in s. 514 775.082 or s. 775.083. This subsection shall not be construed as 515 a specific provision of law relating to a particular subject 516 matter that would preclude prosecution of a more general 517 offense, regardless of the penalty. 518 (f) This subsection does not affirm, deny, expand, or 519 contract any legal status or legal right applicable to any 520 member of the species Homo sapiens at any point beforeprior to521 being born alive as defined in s. 390.011. 522 (11)(13)FAILURE TO COMPLY.—Failure to comply with the 523 requirements of this section or s. 390.01112 constitutes grounds 524 for disciplinary action under each respective practice act and 525 under s. 456.072. 526 (12) ADOPTION ALTERNATIVE INFORMATION.—Any physician or 527 authorized personnel of a medical facility who learns that a 528 patient wishes to obtain an induced abortion, or that a patient 529 has had a termination of pregnancy where the fetus survived, 530 shall provide the patient with information concerning the 531 availability of adoption for her unwanted child. Compliance with 532 this subsection may be accomplished by providing the patient or, 533 in the case of a mentally incompetent patient, her court 534 appointed guardian or, in the case of a minor patient, her 535 parent or legal guardian with the address and telephone number 536 of the Office of Adoption and Child Protection within the 537 Executive Office of the Governor and inform the patient or, in 538 the case of a mentally incompetent patient, her court-appointed 539 guardian or, in the case of a minor patient, her parent or legal 540 guardian of the existence of the statewide list of attorneys 541 available to provide volunteer legal services for adoption. 542 (13)(14)RULEMAKING AUTHORITYRULES.— 543 (a) Except for subsection (7), the agency may adopt rules 544 pursuant to ss. 120.536(1) and 120.54 to administer this 545 section. These rules must be for the purpose of protecting the 546 health and safety of pregnant women and minors and unborn human 547 persons. These rules are also for the purpose of securing 548 compliance with the requirements of this section and to 549 facilitate the enforcement of sanctions for those violations to 550 which administrative penalties apply. 551 (b) The department may adopt rules pursuant to ss. 552 120.536(1) and 120.54 to administer subsection (7)The553applicable boards, or the department if there is no board, shall554adopt rules necessary to implement the provisions of this555section. 556 Section 5. Section 390.01112, Florida Statutes, is amended 557 to read: 558 390.01112 Termination of pregnancies during viability.— 559 (1) ANotermination of pregnancy may notshallbe 560 performed on any human being if the physician determines that, 561 in reasonable medical judgment, the fetus has achieved 562 viability, unless: 563 (a) Two physicians certify in writing that, in their 564 reasonable medical judgmentsjudgment, the termination of the 565 pregnancy is necessary to save the pregnant woman’s life or 566 avert a serious risk of substantial and irreversible physical 567 impairment of a major bodily function of the pregnant woman 568 other than a psychological condition; or 569 (b) The physician certifies in writing that, in his or her 570 reasonable medical judgment, there is a medical necessity for 571 legitimate emergency medical procedures for termination of the 572 pregnancy to save the pregnant woman’s life or avert a serious 573 risk of imminent substantial and irreversible physical 574 impairment of a major bodily function of the pregnant woman 575 other than a psychological condition, and another physician is 576 not available for consultation. 577 (2) Before performing a termination of pregnancy, a 578 physician must determine if the fetus is viable by, at a 579 minimum, performing a medical examination of the pregnant woman 580 and, to the maximum extent possible through reasonably available 581 tests and the ultrasound required under s. 390.0111(5) 582390.0111(3), an examination of the fetus. The physician must 583 document in the pregnant woman’s medical file the physician’s 584 determination and the method, equipment, fetal measurements, and 585 any other information used to determine the viability of the 586 fetus. 587 (3) If a termination of pregnancy is performed while the 588 patient’s fetus is viableduring viability, the physician 589 performing the termination of pregnancy must exercise the same 590 degree of professional skill, care, and diligence to preserve 591 the life and health of the fetus that the physician would be 592 required to exercise in order to preserve the life and health of 593 a fetus intended to be born and not aborted. However, if 594 preserving the life and health of the fetus conflicts with 595 preserving the life and health of the woman, the physician must 596 consider preserving the woman’s life and health the overriding 597 and superior concern. Violation of this subsection by a 598 physician constitutes grounds for disciplinary action under s. 599 458.331 or s. 459.015. 600 (4) A termination of pregnancy involving a viable fetus, 601 when not prohibited under s. 390.0111(3), must be performed in a 602 hospital or other medical establishment as defined in s. 603 390.011(6) which is capable of providing all necessary 604 lifesaving and life-sustaining medical services to the viable 605 fetus. 606 (5) A physician who, once the matter of the viability or 607 nonviability of the fetus is determined within a reasonable 608 degree of medical probability, knowingly and willfully 609 misrepresents the gestational age or stage of fetal development 610 of a viable fetus in an entry into any medical record and who 611 fails to use the standard of care required under subsection (3) 612 on any fetus determined to be viable commits a felony of the 613 first degree, punishable as provided in s. 775.082, s. 775.083, 614 or s. 775.084. 615 Section 6. Subsection (8) of section 39.001, Florida 616 Statutes, is amended, and paragraph (d) is added to subsection 617 (9) of that section, to read: 618 39.001 Purposes and intent; personnel standards and 619 screening.— 620 (8) LEGISLATIVE INTENT FOR THE PREVENTION OF ABUSE, 621 ABANDONMENT, AND NEGLECT OF CHILDREN; ADOPTION SERVICES FOR 622 WOMEN AND MINORS WITH UNWANTED PREGNANCIES.—The incidence of 623 known child abuse, abandonment, and neglect has increased 624 rapidly in recentover the past 5years. The impact that abuse, 625 abandonment, or neglect has on the victimized child, siblings, 626 family structure, and inevitably on all citizens of the state 627 has caused the Legislature to determine that the prevention of 628 child abuse, abandonment, and neglect shall be a priority of 629 this state. In addition, to provide assistance for women and 630 minors with unwanted pregnancies who would have selected 631 abortion, if lawful in this state, rather than adoption as an 632 alternative for their unborn children, the Legislature has 633 determined to offer such women and minors information regarding 634 volunteer legal services to accomplish an appropriate adoptive 635 placement for their newborn children.To further this end,It is 636 the intent of the Legislature that theanOffice of Adoption and 637 Child Protection be established and maintained to accomplish 638 these purposesestablished. 639 (9) OFFICE OF ADOPTION AND CHILD PROTECTION.— 640 (d) In connection with the provision of volunteer legal 641 services for women and minors with unwanted pregnancies who 642 would have selected abortion, if lawful in this state, rather 643 than adoption, the office shall: 644 1. Create and manage a statewide list of attorneys who 645 provide volunteer adoption services for such women and minors. 646 2. Have deposited, directed, and budgeted in the full 647 amount for use by the office, in addition to funds that would 648 have been or are otherwise budgeted for the office, all moneys 649 received by or otherwise awarded to the state from the Federal 650 Government, the United States Treasury, or any other federal 651 agency as a result of efforts made by the office to provide 652 legal or other services for adoption. 653 Section 7. Section 390.01114, Florida Statutes, is 654 repealed. 655 Section 8. Section 390.01116, Florida Statutes, is 656 repealed. 657 Section 9. Section 390.0112, Florida Statutes, is repealed. 658 Section 10. Section 390.012, Florida Statutes, is repealed. 659 Section 11. Section 390.014, Florida Statutes, is repealed. 660 Section 12. Section 390.015, Florida Statutes, is repealed. 661 Section 13. Section 390.018, Florida Statutes, is repealed. 662 Section 14. Section 390.025, Florida Statutes, is repealed. 663 Section 15. Section 782.30, Florida Statutes, is repealed. 664 Section 16. Section 782.32, Florida Statutes, is repealed. 665 Section 17. Section 782.34, Florida Statutes, is repealed. 666 Section 18. Section 782.36, Florida Statutes, is repealed. 667 Section 19. Paragraph (a) of subsection (6) of section 668 27.511, Florida Statutes, is amended to read: 669 27.511 Offices of criminal conflict and civil regional 670 counsel; legislative intent; qualifications; appointment; 671 duties.— 672 (6)(a) The office of criminal conflict and civil regional 673 counsel has primary responsibility for representing persons 674 entitled to court-appointed counsel under the Federal or State 675 Constitution or as authorized by general law in civil 676 proceedings, including, but not limited to, proceedings under s. 677 393.12 and chapters 39, 392, 397, 415, 743, 744, and 984 and 678 proceedings to terminate parental rights under chapter 63. 679Private court-appointed counsel eligible under s. 27.40 have680primary responsibility for representing minors who request681counsel under s. 390.01114, the Parental Notice of Abortion Act;682however, the office of criminal conflict and civil regional683counsel may represent a minor under that section if the court684finds that no private court-appointed attorney is available.685 Section 20. Subsection (1) of section 627.64995, Florida 686 Statutes, is amended to read: 687 627.64995 Restrictions on use of state and federal funds 688 for state exchanges.— 689 (1) A health insurance policy under which coverage is 690 purchased in whole or in part with any state or federal funds 691 through an exchange created pursuant to the federal Patient 692 Protection and Affordable Care Act, Pub. L. No. 111-148, may not 693 provide coverage for an induced abortion, as defined in s. 694 390.011 and prohibited under s. 390.0111, or for a termination 695 of pregnancy in violation of s. 390.0111(3)390.011(1), except696if the pregnancy is the result of an act of rape or incest, or697in the case where a woman suffers from a physical disorder,698physical injury, or physical illness, including a life699endangering physical condition caused by or arising from the700pregnancy itself, which would, as certified by a physician,701place the woman in danger of death unless an abortion is702performed. Coverage is deemed to be purchased with state or 703 federal funds if any tax credit or cost-sharing credit is 704 applied toward the health insurance policy. 705 Section 21. Paragraph (a) of subsection (16) of section 706 627.6699, Florida Statutes, is amended to read: 707 627.6699 Employee Health Care Access Act.— 708 (16) RESTRICTIONS ON COVERAGE.— 709 (a) A plan under which coverage is purchased in whole or in 710 part with any state or federal funds through an exchange created 711 pursuant to the federal Patient Protection and Affordable Care 712 Act, Pub. L. No. 111-148, may not provide coverage for an 713 induced abortion, as defined in s. 390.011 and prohibited under 714 s. 390.0111, or for a termination of pregnancy in violation of 715 s. 390.0111(3)390.011(1), except if the pregnancy is the result716of an act of rape or incest, or in the case where a woman717suffers from a physical disorder, physical injury, or physical718illness, including a life-endangering physical condition caused719by or arising from the pregnancy itself, which would, as720certified by a physician, place the woman in danger of death721unless an abortion is performed. Coverage is deemed to be 722 purchased with state or federal funds if any tax credit or cost 723 sharing credit is applied toward the plan. 724 Section 22. Subsection (1) of section 627.66996, Florida 725 Statutes, is amended to read: 726 627.66996 Restrictions on use of state and federal funds 727 for state exchanges.— 728 (1) A group, franchise, or blanket health insurance policy 729 under which coverage is purchased in whole or in part with any 730 state or federal funds through an exchange created pursuant to 731 the federal Patient Protection and Affordable Care Act, Pub. L. 732 No. 111-148, may not provide coverage for an induced abortion, 733 as defined in s. 390.011 and prohibited under s. 390.0111, or 734 for a termination of pregnancy in violation of s. 390.0111(3) 735390.011(1), except if the pregnancy is the result of an act of736rape or incest, or in the case where a woman suffers from a737physical disorder, physical injury, or physical illness,738including a life-endangering physical condition caused by or739arising from the pregnancy itself, which would, as certified by740a physician, place the woman in danger of death unless an741abortion is performed. Coverage is deemed to be purchased with 742 state or federal funds if any tax credit or cost-sharing credit 743 is applied toward the group, franchise, or blanket health 744 insurance policy. 745 Section 23. Subsection (1) of section 641.31099, Florida 746 Statutes, is amended to read: 747 641.31099 Restrictions on use of state and federal funds 748 for state exchanges.— 749 (1) A health maintenance contract under which coverage is 750 purchased in whole or in part with any state or federal funds 751 through an exchange created pursuant to the federal Patient 752 Protection and Affordable Care Act, Pub. L. No. 111-148, may not 753 provide coverage for an induced abortion, as defined in s. 754 390.011 and prohibited under s. 390.0111, or for a termination 755 of pregnancy in violation of s. 390.0111(3)390.011(1), except756if the pregnancy is the result of an act of rape or incest, or757in the case where a woman suffers from a physical disorder,758physical injury, or physical illness, including a life759endangering physical condition caused by or arising from the760pregnancy itself, which would, as certified by a physician,761place the woman in danger of death unless an abortion is762performed. Coverage is deemed to be purchased with state or 763 federal funds if any tax credit or cost-sharing credit is 764 applied toward the health maintenance contract. 765 Section 24. Subsection (3) of section 743.065, Florida 766 Statutes, is amended to read: 767 743.065 Unwed pregnant minor or minor mother; consent to 768 medical services for minor or minor’s child valid.— 769 (3) Nothing in this act shall affect the provisions of s. 770 390.0111 or s. 390.01112. 771 Section 25. Subsection (4) of section 743.067, Florida 772 Statutes, is amended to read: 773 743.067 Unaccompanied homeless youths.— 774(4) This section does not affect the requirements of s.775390.01114.776 Section 26. Subsection (2) of section 765.113, Florida 777 Statutes, is amended to read: 778 765.113 Restrictions on providing consent.—Unless the 779 principal expressly delegates such authority to the surrogate in 780 writing, or a surrogate or proxy has sought and received court 781 approval pursuant to rule 5.900 of the Florida Probate Rules, a 782 surrogate or proxy may not provide consent for: 783 (2) Withholding or withdrawing life-prolonging procedures 784 from a pregnant patient beforeprior toviability as defined in 785 s. 390.011(18)390.0111(4). 786 Section 27. This act shall take effect July 1, 2016.