Bill Text: FL S1056 | 2013 | Regular Session | Introduced
Bill Title: Abortion
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-05-03 - Died in Health Policy, companion bill(s) passed, see CS/CS/CS/HB 1129 (Ch. 2013-121) [S1056 Detail]
Download: Florida-2013-S1056-Introduced.html
Florida Senate - 2013 SB 1056 By Senator Evers 2-01085-13 20131056__ 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; creating s. 5 390.01113, F.S.; providing definitions; prohibiting 6 inducing, performing, attempting to perform, or 7 assisting in induced abortions; providing criminal 8 penalties; prohibiting inflicting serious bodily 9 injury on a person in the course of performing an 10 abortion; providing criminal penalties; providing 11 enhanced criminal penalties if the serious bodily 12 injury results in death; prohibiting operation of any 13 facility, business, or service within this state for 14 the purpose of providing induced abortion services; 15 providing criminal penalties; prohibiting termination 16 of a pregnancy unless specified conditions are met; 17 requiring that a termination of pregnancy be performed 18 only by a physician; requiring voluntary, informed 19 consent for a termination of pregnancy; providing an 20 exception for medical emergencies; providing for 21 documentation of a medical emergency; providing that 22 violations may subject physicians to discipline under 23 specified provisions; providing a standard of medical 24 care to be used during a termination of pregnancy 25 performed while the patient’s fetus is viable; 26 providing that the woman’s life is a superior 27 consideration to the concern for the life of the fetus 28 and the woman’s health is a superior consideration to 29 the concern for the health of the fetus when such life 30 or health concerns are in conflict; prohibiting a 31 physician’s misrepresentation of the gestational age 32 or developmental stage of a viable fetus in any 33 medical record and failing to use the prescribed 34 standard of care on a viable fetus; providing criminal 35 penalties; prohibiting fetal experimentation; 36 providing an exception; requiring that fetal remains 37 be disposed of according to specified standards; 38 providing criminal penalties; excluding specified 39 procedures from application of the section; requiring 40 physicians and personnel at a medical facility to 41 provide certain women and minors who have been treated 42 by the facility with information regarding adoption 43 and a statewide list of attorneys available to provide 44 volunteer legal services for adoption; providing that 45 violation of certain provisions by a physician may be 46 grounds for discipline; providing rulemaking authority 47 to the Agency for Health Care Administration and the 48 Department of Health; creating s. 390.01117, F.S.; 49 providing that the section takes effect only if s. 50 390.01113, F.S., is declared unconstitutional or has 51 its enforcement enjoined; providing definitions; 52 prohibiting termination of a pregnancy after a fetus 53 has been determined to be viable; providing 54 exceptions; requiring a determination of viability for 55 women in a certain week of pregnancy or later before 56 termination may be performed; requiring an ultrasound 57 and recordkeeping; providing that determination of 58 viability and a required ultrasound may not be 59 performed by a physician providing reproductive health 60 services at an abortion clinic; requiring that a 61 termination of pregnancy involving a viable fetus, 62 when not prohibited, be performed in a hospital or 63 other medical facility; providing a standard of care 64 for a termination of pregnancy performed while a fetus 65 is viable; providing that the woman’s life is a 66 superior consideration to the concern for the life of 67 the fetus and the woman’s health is a superior 68 consideration to the concern for the health of the 69 fetus when such life or health concerns are in 70 conflict; prohibiting a physician’s misrepresentation 71 of the gestational age or developmental stage of a 72 viable fetus in any medical record and failing to use 73 the prescribed standard of care on a viable fetus; 74 providing criminal penalties; providing that only a 75 physician may perform a termination of pregnancy; 76 requiring voluntary and informed consent for a 77 termination of pregnancy; providing an exception for 78 medical emergencies; providing for documentation of a 79 medical emergency; providing that violations may 80 subject physicians to discipline; prohibiting 81 experimentation on a fetus; providing an exception; 82 requiring that fetal remains be disposed of according 83 to specified standards; providing criminal penalties; 84 providing that a person or facility is not required to 85 participate in the termination of a pregnancy or be 86 liable for such refusal; excluding specified 87 procedures from application of the section; 88 prohibiting a termination of pregnancy procedure in 89 violation of specified requirements; providing 90 criminal penalties; prohibiting inflicting serious 91 bodily injury on a person in the course of performing 92 a termination of pregnancy; providing criminal 93 penalties; providing enhanced criminal penalties if 94 the serious bodily injury results in death; requiring 95 physicians and personnel at a medical facility to 96 provide certain women and minors who have been treated 97 by the facility with information regarding adoption 98 and a statewide list of attorneys available to provide 99 volunteer legal services for adoption; providing 100 rulemaking authority to the Agency for Health Care 101 Administration and the Department of Health; providing 102 that rulemaking authority is supplemental to s. 103 390.012, F.S.; amending s. 39.001, F.S.; providing 104 legislative intent concerning adoption services for 105 women with unwanted pregnancies; requiring the Office 106 of Adoption and Child Protection to create and manage 107 a statewide list of attorneys providing volunteer 108 adoption services for women with unwanted pregnancies 109 who would have selected abortion, if lawful, rather 110 than adoption; providing that the full amount of all 111 federal moneys received by the state as a result of 112 efforts made by the office to provide legal services 113 are deposited, directed, and budgeted for use by the 114 office; repealing ss. 390.011, 390.0111, 390.01114, 115 390.01116, 390.0112, 390.012, 390.014, 390.015, 116 390.018, and 390.025, F.S., relating to provisions 117 regulating the termination of pregnancies and 118 definitions applying thereto, the Parental Notice of 119 Abortion Act, public records exemptions for 120 identifying information regarding minors seeking a 121 waiver of notice requirements under such act, 122 reporting requirements for terminated pregnancies, the 123 licensure and operation of abortion clinics, the 124 disposal of fetal remains, the imposition of 125 administrative fines for violations by abortion 126 clinics, and provisions regulating abortion referral 127 or counseling agencies and prescribing penalties for 128 violations by such agencies; repealing ss. 782.30, 129 782.32, 782.34, and 782.36, F.S., relating to the 130 Partial-Birth Abortion Act and the short title, 131 definitions, criminal penalties for the intentional 132 killing of a living fetus while that fetus is 133 partially born, and exceptions to such act; amending 134 s. 27.511, F.S.; conforming language relating to 135 court-appointed counsel for minors under the Parental 136 Notice of Abortion Act to the repeal of s. 390.01114, 137 F.S.; amending ss. 627.64995, 627.6699, 627.66996, and 138 641.31099, F.S.; providing restrictions on use of 139 state and federal funds for state exchanges that 140 provide coverage for induced abortions and 141 terminations of pregnancies under certain conditions; 142 amending ss. 743.065 and 765.113, F.S.; conforming 143 cross-references; providing that if s. 390.01117, 144 F.S., is declared unconstitutional or has its 145 enforcement enjoined, the repeal of s. 390.011, F.S., 146 and the amendment of s. 39.001, F.S., are void and of 147 no effect; providing legislative intent; providing 148 that if s. 390.01113, F.S., is declared 149 unconstitutional or has its enforcement enjoined, 150 specified statutory repeals and amendments contained 151 in this act are void and of no effect; providing 152 legislative intent; providing an effective date. 153 154 Be It Enacted by the Legislature of the State of Florida: 155 156 Section 1. This act may be cited as the “Florida for Life 157 Act.” 158 Section 2. Section 390.0001, Florida Statutes, is created 159 to read: 160 390.0001 Legislative findings regarding abortion.— 161 (1) The Legislature acknowledges that all persons are 162 endowed by their Creator with certain unalienable rights, and 163 that first among these is their right to life. 164 (2) The Legislature finds that all human life comes from 165 the Creator, has an inherent value that cannot be quantified by 166 man, and begins at conception. 167 (3) The Legislature finds that the United States 168 Constitution expresses no qualification for, or limitation on, 169 the protection of human life by laws passed by state 170 legislatures which regard human life as the most fundamental 171 gift from God and deserving of paramount importance among all 172 other unalienable rights expressed or implied in the United 173 States Constitution. 174 (4) The Legislature finds that personal liberty is not a 175 license to kill an innocent human life under any provision of 176 the United States Constitution. 177 (5) The Legislature finds that once human life begins, 178 there is a compelling state interest in protecting the natural 179 course of its development from that moment through birth. Any 180 act of a person detrimental to an unborn human life, when not 181 necessary in defense of the life of the mother bearing such 182 unborn life, which unnaturally terminates that unborn life, is a 183 deprivation of that unborn child’s unalienable right to life. 184 (6) The Legislature finds that the establishment of 185 viability as the point at which the state may restrict 186 abortions, as well as the “undue burden” standard of Planned 187 Parenthood of Southern Pennsylvania v. Casey, 505 U.S. 833 188 (1992) is arbitrary and provides inadequate guidance for this 189 state to enact meaningful protections for fetal life. 190 (7) The Legislature finds that the health exception 191 required of post-viability abortion regulations inadequately 192 protects the health of women seeking post-viability abortions 193 and impedes the state’s protection of viable fetal life. 194 (8) The Legislature finds that the people of Florida seek 195 to protect unborn human life and prohibit unnecessary abortion 196 through the exercise of their right to self-government. 197 (9) The Legislature urges the United States Supreme Court 198 to overturn Roe v. Wade, 410 U.S. 113 (1973), and Planned 199 Parenthood of Southern Pennsylvania v. Casey, 505 U.S. 833 200 (1992). 201 Section 3. Section 390.01113, Florida Statutes, is created 202 to read: 203 390.01113 Abortion unlawful; termination of pregnancies; 204 circumstances authorized.— 205 (1) DEFINITIONS.—As used in this section, the term: 206 (a) “Induced abortion” means a medically initiated 207 termination of a human pregnancy with the intent to kill a human 208 embryo or fetus that is not dying of natural causes. For 209 purposes of this paragraph, the term “medically initiated” 210 refers to the ingestion or administration of pharmaceutical 211 abortifacients by any means, surgical procedures, or use of any 212 device or instrument, as well as any combination thereof. 213 (b) “Medical emergency” means a condition that, on the 214 basis of a physician’s good faith clinical judgment, so 215 complicates the medical condition of a patient as to necessitate 216 the immediate termination of her pregnancy to avert her death, 217 or for which a delay in the termination of her pregnancy will 218 create serious risk of substantial and irreversible impairment 219 of a major bodily function or unreasonably reduce the likelihood 220 of successful treatment of a life-threatening disease. 221 (c) “Patient” means the woman or minor upon whom an 222 abortion or termination of pregnancy is performed or induced. 223 (d) “Physician” means a physician licensed under chapter 224 458 or chapter 459 or a physician practicing medicine or 225 osteopathic medicine in the employment of the United States. 226 (e) “Termination of pregnancy” means the termination of a 227 human pregnancy under circumstances not prohibited by this 228 section. 229 (f) “Viability” means that stage of fetal development when, 230 in the judgment of a physician based on the particular facts of 231 the case before him or her and in light of the most advanced 232 medical technology and information available, there is a 233 reasonable probability of sustained survival of the unborn child 234 outside his or her mother’s womb with or without artificial 235 support. 236 (2) INDUCED ABORTION PROHIBITED.— 237 (a) Induced abortion for any purpose is unlawful. Any 238 person who induces, performs, attempts to perform, or assists 239 another in the performance of an induced abortion on another 240 person commits a felony of the first degree, punishable as 241 provided in s. 775.082, s. 775.083, or s. 775.084. 242 (b) Any person who during the course of performing an 243 induced abortion on another person inflicts serious bodily 244 injury on the person commits a felony of the first degree, 245 punishable by imprisonment for a term of years not exceeding 246 life as provided in s. 775.082, s. 775.083, or s. 775.084. 247 (c) Any person who during the course of performing an 248 induced abortion on another person inflicts serious bodily 249 injury on the person which results in the death of the person 250 commits a life felony, punishable as provided in s. 775.082, s. 251 775.083, or s. 775.084. 252 (3) OPERATING ABORTION SERVICES PROHIBITED.—A person who 253 operates any facility, business, or service from any location 254 within this state for the purpose of providing induced abortion 255 services commits a felony of the first degree, punishable by 256 imprisonment for a term of years not exceeding life as provided 257 in s. 775.082, s. 775.083, or s. 775.084. 258 (4) TERMINATION OF PREGNANCY.—A termination of pregnancy 259 may not be performed unless: 260 (a) Two physicians certify in writing to the fact that, to 261 a reasonable degree of medical certainty, the termination of 262 pregnancy is necessary to prevent the death of the patient; 263 (b) Two physicians certify in writing to the fact that, to 264 a reasonable degree of medical certainty, the termination of 265 pregnancy is necessary because to continue the pregnancy would 266 unreasonably reduce the likelihood of successful treatment of a 267 life-threatening disease of the patient; or 268 (c) A physician certifies in writing that a medical 269 emergency existed and another physician was not available for 270 consultation before the time necessary to perform the 271 termination of pregnancy. The physician’s written certification 272 must clearly describe the medical emergency. 273 (5) PERFORMANCE BY PHYSICIAN REQUIRED.—A termination of 274 pregnancy may not, at any time, be performed by a person who is 275 not a physician. 276 (6) CONSENTS REQUIRED.—A termination of pregnancy may not 277 be performed or induced except with the voluntary and informed 278 written consent of the patient or, in the case of a mentally 279 incompetent patient, the voluntary and informed written consent 280 of her court-appointed guardian or, in the case of a minor 281 patient, notwithstanding s. 743.065, the voluntary informed 282 consent of the minor’s parent or legal guardian. 283 (a) Except in the case of a medical emergency, consent to a 284 termination of pregnancy is voluntary and informed only if the 285 physician who is to perform the procedure or the referring 286 physician has personally informed the patient, or the court 287 appointed guardian if the patient is mentally incompetent or a 288 parent or guardian if the patient is a minor, of: 289 1. The nature and risks of undergoing or not undergoing the 290 proposed procedure that a reasonable patient similarly situated 291 may consider relevant to making an informed decision of whether 292 to terminate a pregnancy. 293 2. The medical risks to the patient and fetus of carrying 294 the pregnancy to term. 295 (b) In the event a medical emergency exists and a physician 296 cannot comply with the requirements for informed consent, a 297 physician may terminate a pregnancy if he or she has obtained at 298 least one corroborative medical opinion attesting to the medical 299 necessity for emergency medical procedures and to the fact that, 300 to a reasonable degree of medical certainty, the continuation of 301 the pregnancy would threaten the life of the patient. In the 302 event that a second physician is not available for a 303 corroborating opinion, the physician may proceed but must 304 document reasons for the medical necessity in the patient’s 305 medical records. 306 (c) Violation of this subsection by a physician constitutes 307 grounds for disciplinary action under s. 458.331 or s. 459.015. 308 Substantial compliance or reasonable belief that complying with 309 the requirements of informed consent would threaten the life of 310 the patient may be raised as a defense to any action brought for 311 a violation of this subsection. 312 (7) STANDARD OF MEDICAL CARE TO BE USED DURING VIABILITY.— 313 (a) If a termination of pregnancy is performed while the 314 patient’s fetus is viable, the person who performs or induces 315 the termination of pregnancy may not fail to use that degree of 316 professional skill, care, and diligence to preserve the life and 317 health of the fetus that such person would be required to 318 exercise in order to preserve the life and health of a fetus 319 intended to be born and not aborted. Notwithstanding this 320 subsection, the patient’s life is an overriding and superior 321 consideration to the concern for the life of the fetus, and the 322 patient’s health is an overriding and superior consideration to 323 the concern for the health of the fetus, when such life or 324 health concerns are in conflict. For purposes of this 325 subsection, health considerations refer to medical judgment 326 exercised in light of factors exclusively regarding the physical 327 well-being of the patient. 328 (b) Any physician who, once the matter of the viability or 329 nonviability of the fetus is determined within a reasonable 330 degree of medical probability, knowingly and willfully 331 misrepresents the gestational age or stage of fetal development 332 of a viable fetus in an entry into any medical record and who 333 fails to use the standard of care required under paragraph (a) 334 on any fetus determined to be viable commits a felony of the 335 first degree, punishable as provided in s. 775.082, s. 775.083, 336 or s. 775.084. 337 (8) EXPERIMENTATION ON FETUS PROHIBITED; EXCEPTION.—A 338 person may not use any live fetus or live, premature infant for 339 any type of scientific, research, laboratory, or other kind of 340 experimentation before or after any termination of pregnancy 341 procedure except as necessary to protect or preserve the life 342 and health of such fetus or premature infant. 343 (9) FETAL REMAINS.—Fetal remains shall be disposed of in a 344 sanitary and appropriate manner and in accordance with standard 345 health practices, as provided by rule of the Department of 346 Health. A person who fails to dispose of fetal remains in 347 accordance with department rules commits a misdemeanor of the 348 first degree, punishable as provided in s. 775.082 or s. 349 775.083. 350 (10) EXCLUSION FROM APPLICATION.—This section does not 351 apply to the performance of a procedure that terminates a 352 pregnancy in order to deliver a live child or to remove a dead 353 or dying fetus whose demise was not the product of a termination 354 of pregnancy or an induced abortion from the patient’s body. 355 (11) ADOPTION ALTERNATIVE INFORMATION.—Any physician or 356 authorized personnel of a medical facility who learns that a 357 pregnant woman or minor treated at the facility wishes to obtain 358 an induced abortion, or that a patient has had a termination of 359 pregnancy where the fetus survived, shall provide the woman or 360 minor with information concerning the availability of adoption 361 for her unwanted child. Compliance with this subsection may be 362 accomplished by providing the woman with the address and 363 telephone number of the Office of Adoption and Child Protection 364 within the Executive Office of the Governor and informing her of 365 the existence of the statewide list of attorneys available to 366 provide volunteer legal services for adoption maintained by that 367 office. 368 (12) PENALTIES FOR CERTAIN VIOLATIONS.—Violation of 369 subsection (4), subsection (7), or subsection (8) by a physician 370 constitutes grounds for disciplinary action under s. 458.331 or 371 s. 459.015. 372 (13) RULEMAKING AUTHORITY.— 373 (a) Except for subsection (9), the Agency for Health Care 374 Administration may adopt rules pursuant to ss. 120.536(1) and 375 120.54 to implement the provisions of this section. These rules 376 shall be for the purpose of protecting the health and safety of 377 women and unborn human life and for the purpose of securing 378 compliance with the requirements of this section and to 379 facilitate the enforcement of sanctions for those violations to 380 which administrative penalties apply. 381 (b) The Department of Health may adopt rules pursuant to 382 ss. 120.536(1) and 120.54 to implement the provisions of 383 subsection (9). 384 Section 4. Section 390.01117, Florida Statutes, is created 385 to read: 386 390.01117 Termination of pregnancies.— 387 (1) APPLICATION.—This section is superseded by s. 390.01113 388 and shall become effective only if s. 390.01113 is declared 389 unconstitutional or has its enforcement enjoined. In the event 390 this section becomes effective, it shall supersede s. 390.0111. 391 (2) DEFINITIONS.—As used in this section and elsewhere in 392 this chapter, the term: 393 (a) “Abortion” means the termination of human pregnancy 394 with an intention other than to produce a live birth or to 395 remove a fetus that died of natural causes. 396 (b) “Abortion clinic” or “clinic” means any facility or 397 structure in which abortions are performed. The term does not 398 include: 399 1. A hospital; or 400 2. A physician’s office, if the office is not used 401 primarily for the performance of abortions. 402 (c) “Agency” means the Agency for Health Care 403 Administration. 404 (d) “Department” means the Department of Health. 405 (e) “Hospital” means a facility as defined in s. 406 395.002(12) and licensed under chapter 395 and part II of 407 chapter 408. 408 (f) “Patient” means the woman or minor upon whom an 409 abortion or termination of pregnancy is performed or induced. 410 (g) “Physician” means a physician licensed under chapter 411 458 or chapter 459 or a physician practicing medicine or 412 osteopathic medicine in the employment of the United States. 413 (h) “Viability” means that stage of fetal development when, 414 in the judgment of the physician based on the particular facts 415 of the case before him or her and in light of the most advanced 416 medical technology and information available, there is a 417 reasonable probability of sustained survival of the unborn child 418 outside his or her mother’s womb with or without artificial 419 support. 420 (3) TERMINATION AFTER VIABILITY PROHIBITED; EXCEPTION.—A 421 termination of pregnancy may not be performed on any human being 422 when it is determined, in accordance with subsection (4), that 423 the fetus is viable unless: 424 (a) Two physicians certify in writing to the fact that, to 425 a reasonable degree of medical certainty, the termination of 426 pregnancy is necessary to prevent the death of the patient or 427 avert a significant risk to her physical health; 428 (b) Two physicians certify in writing to the fact that, to 429 a reasonable degree of medical certainty, the termination of 430 pregnancy is necessary because to continue the pregnancy would 431 unreasonably reduce the likelihood of successful treatment of a 432 life-threatening disease of the patient; or 433 (c) The physician certifies in writing to the medical 434 necessity for legitimate emergency medical procedures for the 435 termination of pregnancy and another physician is not available 436 for consultation. The physician’s written certification must 437 clearly describe the medical emergency. 438 (4) DETERMINATION OF VIABILITY.—A termination of pregnancy 439 may not be induced or performed on any patient who is in the 440 22nd week of pregnancy or later without first obtaining an 441 ultrasound from a physician to determine the stage of fetal 442 development. The physician shall estimate as accurately as 443 possible the stage of fetal development and shall indicate on 444 the patient’s medical records the gestational age, length and 445 weight, and lung maturity of the fetus. The physician shall also 446 indicate on the patient’s medical records whether, within a 447 reasonable degree of medical probability, the fetus is viable. 448 Due to the potential of an inherent conflict of interest, the 449 determination of viability and the performance of the ultrasound 450 required under this subsection may not be performed by a 451 physician who provides reproductive health services at an 452 abortion clinic. 453 (5) STANDARD OF MEDICAL CARE TO BE USED DURING VIABILITY.— 454 (a) A termination of pregnancy involving a viable fetus, 455 when not prohibited in accordance with subsection (3), must be 456 performed in a hospital or other medical facility capable of 457 providing all necessary lifesaving or life-sustaining medical 458 services to the viable fetus. 459 (b) If a termination of pregnancy is performed while the 460 patient’s fetus is viable, the person who performs or induces 461 the termination of pregnancy may not fail to use that degree of 462 professional skill, care, and diligence to preserve the life and 463 health of the fetus which such person would be required to 464 exercise in order to preserve the life and health of any fetus 465 intended to be born and not aborted. Notwithstanding this 466 subsection, the patient’s life is an overriding and superior 467 consideration to the concern for the life of the fetus, and the 468 patient’s health is an overriding and superior consideration to 469 the concern for the health of the fetus, when such life or 470 health concerns are in conflict. For purposes of this 471 subsection, health considerations refer to medical judgment 472 exercised in light of factors exclusively regarding the physical 473 well-being of the patient. Violation of this subsection by a 474 physician constitutes grounds for disciplinary action under s. 475 458.331 or s. 459.015. 476 (c) Any physician who, once the matter of the viability or 477 nonviability of the fetus is determined within a reasonable 478 degree of medical probability, knowingly and willfully 479 misrepresents the gestational age or stage of fetal development 480 of a viable fetus in an entry into any medical record and who 481 fails to use the standard of care required under paragraph (b) 482 on any fetus determined to be viable commits a felony of the 483 first degree, punishable as provided in s. 775.082, s. 775.083, 484 or s. 775.084. 485 (6) PERFORMANCE BY PHYSICIAN REQUIRED.—A termination of 486 pregnancy may not, at any time, be performed by a person who is 487 not a physician. 488 (7) CONSENTS REQUIRED.—A termination of pregnancy may not 489 be performed or induced except with the voluntary and informed 490 written consent of the patient or, in the case of a mentally 491 incompetent patient, the voluntary and informed written consent 492 of her court-appointed guardian or, in the case of a pregnant 493 minor, notwithstanding s. 743.065, the voluntary informed 494 written consent of the minor’s parent or guardian. 495 (a) Except in the case of a medical emergency, consent to a 496 termination of pregnancy is voluntary and informed only if: 497 1. The physician who is to perform the procedure or the 498 referring physician has personally informed the patient, or the 499 court-appointed guardian if the patient is mentally incompetent 500 or a parent or guardian in the case of a minor patient, of: 501 a. The nature and risks of undergoing or not undergoing the 502 proposed procedure that a reasonable patient similarly situated 503 may consider relevant to making an informed decision of whether 504 to terminate a pregnancy. 505 b. The probable gestational age of the fetus at the time 506 the termination of pregnancy is to be performed. 507 c. The medical risks to the patient and fetus of carrying 508 the pregnancy to term. 509 d. All other factors, physical, emotional, psychological, 510 and familial, relevant to the short-term and long-term well 511 being of the patient, including emotional and psychological 512 impact relating to the loss of the life of a child. 513 2. Printed materials prepared and provided by the 514 department have been provided to the patient, if she chooses to 515 view these materials, including: 516 a. A description of the fetus. 517 b. A list of agencies that offer alternatives to 518 terminating the pregnancy. 519 c. Detailed information on the availability of medical 520 assistance benefits for prenatal care, childbirth, and neonatal 521 care. 522 3. The person required to give consent under this 523 subsection acknowledges in writing, before the termination of 524 pregnancy, that the information required to be provided under 525 this subsection has been provided. 526 (b) In the event a medical emergency exists and a physician 527 cannot comply with the requirements for informed consent, a 528 physician may terminate a pregnancy if he or she has obtained at 529 least one corroborative medical opinion attesting to the medical 530 necessity for emergency medical procedures and to the fact that, 531 to a reasonable degree of medical certainty, the continuation of 532 the pregnancy would threaten the life of the patient. In the 533 event that a second physician is not available for a 534 corroborating opinion, the physician may proceed but must 535 document reasons for the medical necessity in the patient’s 536 medical records. 537 (c) Violation of this subsection by a physician constitutes 538 grounds for disciplinary action under s. 458.331 or s. 459.015. 539 Substantial compliance or reasonable belief that complying with 540 the requirements of informed consent would threaten the life or 541 health of the patient may be raised as a defense to any action 542 brought under this subsection. 543 (8) EXPERIMENTATION ON FETUS PROHIBITED; EXCEPTION.—A 544 person may not use any live fetus or live, premature infant for 545 any type of scientific, research, laboratory, or other kind of 546 experimentation before or after any termination of pregnancy 547 procedure except as necessary to protect or preserve the life 548 and health of such fetus or premature infant. Violation of this 549 subsection by a physician constitutes grounds for disciplinary 550 action under s. 458.331 or s. 459.015. 551 (9) FETAL REMAINS.—Fetal remains shall be disposed of in a 552 sanitary and appropriate manner and in accordance with standard 553 health practices, as provided by rule of the Department of 554 Health. A person who fails to dispose of fetal remains in 555 accordance with department rules commits a misdemeanor of the 556 first degree, punishable as provided in s. 775.082 or s. 557 775.083. 558 (10) REFUSAL TO PARTICIPATE IN TERMINATION PROCEDURE.—This 559 section does not require any hospital or person to participate 560 in the termination of a pregnancy, and any hospital or person is 561 not liable for such refusal. A person who is a member of, or 562 associated with, the staff of a hospital, or any employee of a 563 hospital or physician in which or by whom the termination of a 564 pregnancy is authorized or performed, who states an objection to 565 such procedure may not be required to participate in the 566 procedure which will result in the termination of pregnancy. The 567 refusal of any such person or employee to participate does not 568 form the basis for any disciplinary or other recriminatory 569 action against such person. 570 (11) EXCLUSION FROM APPLICATION.—This section does not 571 apply to the performance of a procedure that terminates a 572 pregnancy in order to deliver a live child or to remove a dead 573 or dying fetus whose demise was not the product of a termination 574 of pregnancy or an abortion, from the patient’s body. 575 (12) PENALTIES FOR VIOLATION.— 576 (a) Any person who willfully induces, performs, or assists 577 in a termination of pregnancy procedure on another person in 578 violation of the requirements of subsection (4), paragraph 579 (5)(a), or subsection (6) commits a felony of the second degree, 580 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 581 (b) Any person who willfully induces, performs, or assists 582 in a termination of pregnancy procedure on another person in 583 violation of subsection (3) commits a felony of the first 584 degree, punishable as provided in s. 775.082, s. 775.083, or s. 585 775.084. 586 (c) Any person who willfully induces, performs, or assists 587 in a termination of pregnancy procedure on another person in 588 violation of subsection (3) which results in serious bodily 589 injury to the person commits a felony of the first degree, 590 punishable by imprisonment for a term of years not exceeding 591 life as provided in s. 775.082, s. 775.083, or s. 775.084. 592 (d) Any person who induces, performs, or assists in a 593 termination of pregnancy procedure on another person in 594 violation of the provisions of this section which results in the 595 death of the person commits a life felony, punishable as 596 provided in s. 775.082, s. 775.083, or s. 775.084. 597 (13) ADOPTION ALTERNATIVE INFORMATION.—Any physician or 598 authorized personnel of a medical facility who learns that a 599 pregnant woman or minor treated at the facility wishes to obtain 600 an abortion, or that a patient has had a termination of 601 pregnancy at the facility under circumstances where the fetus 602 survived, shall provide the woman or minor with the address and 603 telephone number of the Office of Adoption and Child Protection 604 within the Executive Office of the Governor and inform her of 605 the existence of the statewide list of attorneys available to 606 provide volunteer legal services for adoption maintained by that 607 office. 608 (14) RULEMAKING AUTHORITY.— 609 (a) Except for subsection (9), the Agency for Health Care 610 Administration may adopt rules pursuant to ss. 120.536(1) and 611 120.54 to implement the provisions of this section. These rules 612 shall be for the purpose of protecting the health and safety of 613 women and unborn human life. These rules are also for the 614 purpose of securing compliance with the requirements of this 615 section and to facilitate the enforcement of sanctions for those 616 violations to which administrative penalties apply. 617 (b) The Department of Health may adopt rules pursuant to 618 ss. 120.536(1) and 120.54 to implement the provisions of 619 subsection (9). 620 (c) The rulemaking authority granted in this subsection is 621 supplemental to the rulemaking authority provided in s. 390.012. 622 Section 5. Subsection (7) of section 39.001, Florida 623 Statutes, is amended, and paragraph (d) is added to subsection 624 (8) of that section, to read: 625 39.001 Purposes and intent; personnel standards and 626 screening.— 627 (7) LEGISLATIVE INTENT FOR THE PREVENTION OF ABUSE, 628 ABANDONMENT, AND NEGLECT OF CHILDREN; ADOPTION SERVICES FOR 629 WOMEN WITH UNWANTED PREGNANCIES.—The incidence of known child 630 abuse, abandonment, and neglect has increased rapidly in recent 631over the past 5years. The impact that abuse, abandonment, or 632 neglect has on the victimized child, siblings, family structure, 633 and inevitably on all citizens of the state has caused the 634 Legislature to determine that the prevention of child abuse, 635 abandonment, and neglect shall be a priority of this state. In 636 addition, to provide assistance for women or minors with 637 unwanted pregnancies who would have selected abortion, if lawful 638 in this state, rather than adoption as an alternative for their 639 unborn child, the Legislature has determined to offer such women 640 or minors volunteer legal services to accomplish an appropriate 641 adoptive placement for such newborn children. To further these 642 endsthis end, it is the intent of the Legislature that an 643 Office of Adoption and Child Protection be established. 644 (8) OFFICE OF ADOPTION AND CHILD PROTECTION.— 645 (d) In connection with the provision of volunteer legal 646 services for women or minors with unwanted pregnancies who would 647 have selected abortion, if lawful in this state, rather than 648 adoption, the office shall: 649 1. Create and manage a statewide list of attorneys 650 providing volunteer adoption services for such women and minors. 651 2. Have deposited, directed, and budgeted in the full 652 amount for its use, in addition to funds that would have or are 653 otherwise budgeted for it, all moneys received by or otherwise 654 awarded to the state from the Federal Government, the United 655 States Treasury, or any other federal agency as a result of 656 efforts made by the office to provide legal services. 657 Section 6. Sections 390.011, 390.0111, 390.01114, 658 390.01116, 390.0112, 390.012, 390.014, 390.015, 390.018, and 659 390.025, Florida Statutes, are repealed. 660 Section 7. Sections 782.30, 782.32, 782.34, and 782.36, 661 Florida Statutes, are repealed. 662 Section 8. Paragraph (a) of subsection (6) of section 663 27.511, Florida Statutes, is amended to read: 664 27.511 Offices of criminal conflict and civil regional 665 counsel; legislative intent; qualifications; appointment; 666 duties.— 667 (6)(a) The office of criminal conflict and civil regional 668 counsel has primary responsibility for representing persons 669 entitled to court-appointed counsel under the Federal or State 670 Constitution or as authorized by general law in civil 671 proceedings, including, but not limited to, proceedings under s. 672 393.12 and chapters 39, 392, 397, 415, 743, 744, and 984 and 673 proceedings to terminate parental rights under chapter 63. 674Private court-appointed counsel eligible under s.27.40have675primary responsibility for representing minors who request676counsel under s.390.01114, the Parental Notice of Abortion Act;677however, the office of criminal conflict and civil regional678counsel may represent a minor under that section if the court679finds that no private court-appointed attorney is available.680 Section 9. Subsection (1) of section 627.64995, Florida 681 Statutes, is amended to read: 682 627.64995 Restrictions on use of state and federal funds 683 for state exchanges.— 684 (1) A health insurance policy under which coverage is 685 purchased in whole or in part with any state or federal funds 686 through an exchange created pursuant to the federal Patient 687 Protection and Affordable Care Act, Pub. L. No. 111-148, may not 688 provide coverage for an induced abortion as defined in and 689 prohibited under s. 390.01113 or for a termination of pregnancy 690 in violation of s. 390.01113(4)s.390.011(1), except if the691pregnancy is the result of an act of rape or incest, or in the692case where a woman suffers from a physical disorder, physical693injury, or physical illness, including a life-endangering694physical condition caused by or arising from the pregnancy695itself, which would, as certified by a physician, place the696woman in danger of death unless an abortion is performed. 697 Coverage is deemed to be purchased with state or federal funds 698 if any tax credit or cost-sharing credit is applied toward the 699 health insurance policy. 700 Section 10. Paragraph (a) of subsection (17) of section 701 627.6699, Florida Statutes, is amended to read: 702 627.6699 Employee Health Care Access Act.— 703 (17) RESTRICTIONS ON COVERAGE.— 704 (a) A plan under which coverage is purchased in whole or in 705 part with any state or federal funds through an exchange created 706 pursuant to the federal Patient Protection and Affordable Care 707 Act, Pub. L. No. 111-148, may not provide coverage for an 708 induced abortion,as defined in and prohibited under s. 709 390.01113 or for a termination of pregnancy in violation of s. 710 390.01113(4)s.390.011(1), except if the pregnancy is the711result of an act of rape or incest, or in the case where a woman712suffers from a physical disorder, physical injury, or physical713illness, including a life-endangering physical condition caused714by or arising from the pregnancy itself, which would, as715certified by a physician, place the woman in danger of death716unless an abortion is performed. Coverage is deemed to be 717 purchased with state or federal funds if any tax credit or cost 718 sharing credit is applied toward the plan. 719 Section 11. Subsection (1) of section 627.66996, Florida 720 Statutes, is amended to read: 721 627.66996 Restrictions on use of state and federal funds 722 for state exchanges.— 723 (1) A group, franchise, or blanket health insurance policy 724 under which coverage is purchased in whole or in part with any 725 state or federal funds through an exchange created pursuant to 726 the federal Patient Protection and Affordable Care Act, Pub. L. 727 No. 111-148, may not provide coverage for an induced abortion as 728 defined in and prohibited under s. 390.01113 or for a 729 termination of pregnancy in violation of s. 390.01113(4)s.730390.011(1), except if the pregnancy is the result of an act of731rape or incest, or in the case where a woman suffers from a732physical disorder, physical injury, or physical illness,733including a life-endangering physical condition caused by or734arising from the pregnancy itself, which would, as certified by735a physician, place the woman in danger of death unless an736abortion is performed. Coverage is deemed to be purchased with 737 state or federal funds if any tax credit or cost-sharing credit 738 is applied toward the group, franchise, or blanket health 739 insurance policy. 740 Section 12. Subsection (1) of section 641.31099, Florida 741 Statutes, is amended to read: 742 641.31099 Restrictions on use of state and federal funds 743 for state exchanges.— 744 (1) A health maintenance contract under which coverage is 745 purchased in whole or in part with any state or federal funds 746 through an exchange created pursuant to the federal Patient 747 Protection and Affordable Care Act, Pub. L. No. 111-148, may not 748 provide coverage for an induced abortion as defined in and 749 prohibited under s. 390.01113 or for a termination of pregnancy 750 in violation of s. 390.01113(4)s.390.011(1), except if the751pregnancy is the result of an act of rape or incest, or in the752case where a woman suffers from a physical disorder, physical753injury, or physical illness, including a life-endangering754physical condition caused by or arising from the pregnancy755itself, which would, as certified by a physician, place the756woman in danger of death unless an abortion is performed. 757 Coverage is deemed to be purchased with state or federal funds 758 if any tax credit or cost-sharing credit is applied toward the 759 health maintenance contract. 760 Section 13. Subsection (3) of section 743.065, Florida 761 Statutes, is amended to read: 762 743.065 Unwed pregnant minor or minor mother; consent to 763 medical services for minor or minor’s child valid.— 764(3) Nothing in this act shall affect the provisions of s.765390.0111.766 Section 14. Subsection (2) of section 765.113, Florida 767 Statutes, is amended to read: 768 765.113 Restrictions on providing consent.—Unless the 769 principal expressly delegates such authority to the surrogate in 770 writing, or a surrogate or proxy has sought and received court 771 approval pursuant to rule 5.900 of the Florida Probate Rules, a 772 surrogate or proxy may not provide consent for: 773 (2) Withholding or withdrawing life-prolonging procedures 774 from a pregnant patient beforeprior toviability as defined in 775 s. 390.01113390.0111(4). 776 Section 15. If section 390.01117, Florida Statutes, as 777 created by this act, is declared unconstitutional or has its 778 enforcement permanently enjoined, the repeal of section 390.011, 779 Florida Statutes, and the amendment of section 39.001, Florida 780 Statutes, by this act, shall be deemed void and of no effect, it 781 being the legislative intent that these provisions would not 782 have been enacted had section 390.01113, Florida Statutes, or 783 section 390.01117, Florida Statutes, not been enacted as well. 784 Section 16. If section 390.01113, Florida Statutes, as 785 created by this act, is declared unconstitutional or has its 786 enforcement permanently enjoined, the statutory repeals and 787 amendments contained in sections 6 through 14 of this act shall 788 be deemed void and of no effect, and the text of any amended 789 provisions shall revert to that in existence on the day before 790 the effective date of this act, except that any amendments to 791 such text enacted other than by this act shall be preserved and 792 continue to operate, it being the legislative intent that these 793 provisions would not have been enacted had section 390.01113, 794 Florida Statutes, not been enacted as well. 795 Section 17. This act shall take effect July 1, 2013.