Florida 2024 Regular Session

Florida House Bill H0093 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 93 2024
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0093-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to termination of pregnancies; 2
16	16	repealing s. 4 of chapter 2023 -21, Laws of Florida, 3
17	17	relating to termination of pregnancy; amending s. 4
18	18	390.0111, F.S.; prohibiting physicians from knowingly 5
19	19	performing or inducing a termination of pregnancy 6
20	20	after the gestational age of the fetus is determined 7
21	21	to be more than 12 weeks, rather than 15 weeks, with 8
22	22	exceptions; providing an exception if the woma n 9
23	23	obtaining the abortion is doing so because she is a 10
24	24	victim of rape, incest, or human trafficking, subject 11
25	25	to certain conditions; requiring physicians to report 12
26	26	known or suspected human trafficking of adults to 13
27	27	local law enforcement; requiring physicians to report 14
28	28	incidents of rape, incest, or human trafficking of 15
29	29	minors to the central abuse hotline; prohibiting any 16
30	30	person other than a physician from inducing a 17
31	31	termination of pregnancy; prohibiting physicians from 18
32	32	using telehealth to perform abortions; req uiring that 19
33	33	medications intended for use in a medical abortion be 20
34	34	dispensed in person by a physician; prohibiting the 21
35	35	dispensing of such medication through the United 22
36	36	States Postal Service or any other courier or shipping 23
37	37	service; conforming provisions to changes made by the 24
38	38	act; providing an effective date. 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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52	52	Be It Enacted by the Legislature of the State of Florida: 27
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54	54	Section 1. Section 4 of chapter 2023 -21, Laws of Florida, 29
55	55	is repealed. 30
56	56	Section 2. Subsections (1), (2), (10), and (13) of section 31
57	57	390.0111, Florida Statutes, are amended to read: 32
58	58	390.0111 Termination of pregnancies. — 33
59	59	(1) TERMINATION AFTER GESTATIONAL AGE OF 12 15 WEEKS; WHEN 34
60	60	ALLOWED.—A physician may not knowingly perform or induce a 35
61	61	termination of pregnancy if the physician deter mines the 36
62	62	gestational age of the fetus is more than 12 15 weeks unless one 37
63	63	of the following conditions is met: 38
64	64	(a) Two physicians certify in writing that, in reasonable 39
65	65	medical judgment, the termination of the pregnancy is necessary 40
66	66	to save the pregnant woman's life or avert a serious risk of 41
67	67	substantial and irreversible physical impairment of a major 42
68	68	bodily function of the pregnant woman other than a psychological 43
69	69	condition. 44
70	70	(b) The physician certifies in writing that, in reasonable 45
71	71	medical judgment, there is a medical necessity for legitimate 46
72	72	emergency medical procedures for termination of the pregnancy to 47
73	73	save the pregnant woman's life or avert a serious risk of 48
74	74	imminent substantial and irreversible physical impairment of a 49
75	75	major bodily function of th e pregnant woman other than a 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	psychological condition, and another physician is not available 51
89	89	for consultation. 52
90	90	(c) The pregnancy has not progressed to the third 53
91	91	trimester fetus has not achieved viability under s. 390.01112 54
92	92	and two physicians certify in writing that, in reasonable 55
93	93	medical judgment, the fetus has a fatal fetal abnormality. 56
94	94	(d) The pregnancy is the result of rape, incest, or human 57
95	95	trafficking and the gestational age of the fetus is not more 58
96	96	than 15 weeks as determined by the physician. At the time the 59
97	97	woman schedules or arrives for her appointment to obtain the 60
98	98	abortion, she must provide a copy of a restraining order, police 61
99	99	report, medical record, or other court order or documentation 62
100	100	providing evidence that she is obtaining the terminati on of 63
101	101	pregnancy because she is a victim of rape, incest, or human 64
102	102	trafficking. If the woman is 18 years of age or older, the 65
103	103	physician must report any known or suspected human trafficking 66
104	104	to a local law enforcement agency. If the woman is a minor, the 67
105	105	physician must report the incident of rape, incest, or human 68
106	106	trafficking to the central abuse hotline as required by s. 69
107	107	39.201. 70
108	108	(2) IN-PERSON PERFORMANCE BY PHYSICIAN REQUIRED. —Only a 71
109	109	physician may perform or induce a No termination of pregnancy 72
110	110	shall be performed at any time except by a physician as defined 73
111	111	in s. 390.011. A physician may not use telehealth as defined in 74
112	112	s. 456.47(1) to perform an abortion, including, but not limited 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	to, medical abortions. Any medications intended for use in a 76
126	126	medical abortion must be dispensed in person by a physician and 77
127	127	may not be dispensed through the United States Postal Service or 78
128	128	by any other courier or shipping service. 79
129	129	(10) PENALTIES FOR VIOLATION. —Except as provided in 80
130	130	subsections (3), (7), and (12): 81
131	131	(a) Any person who willfully performs, or actively 82
132	132	participates in, a termination of pregnancy in violation of the 83
133	133	requirements of this section or s. 390.01112 commits a felony of 84
134	134	the third degree, punishable as provided in s. 775.082, s. 85
135	135	775.083, or s. 775.084. 86
136	136	(b) Any person who performs, or actively participates in, 87
137	137	a termination of pregnancy in violation of this section or s. 88
138	138	390.01112 which results in the death of the woman commits a 89
139	139	felony of the second degree, punishable as provided in s. 90
140	140	775.082, s. 775.083, or s. 775.084. 91
141	141	(13) FAILURE TO COMPLY. —Failure to comply with the 92
142	142	requirements of this section or s. 390.01112 constitutes grounds 93
143	143	for disciplinary action under each respective practice act and 94
144	144	under s. 456.072. 95
145	145	Section 3. This act shall take effect upon becoming a law. 96