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A bill to be entitled 1
An act relating to termination of pregnancies; 2
amending s. 390.011, F.S.; revising and providing 3
definitions; amending s. 390.0111, F.S.; authorizing 4
the use of public funds for abortions only under a 5
specified circumstance; amending s. 390.01114, F.S.; 6
providing requirements for a termination of pregnancy 7
for a minor; revising requirements for a court to 8
issue an order authorizing a minor to consent to such 9
termination; amending s. 390.0112, F.S.; revising 10
reporting requirements for certain facilities; 11
amending s. 390.012, F.S.; revising rulemaking 12
requirements; creating s. 390.031, F.S.; prohibiting a 13
person or an entity from purposely performing or 14
attempting to perform an abortion; providing an 15
exception; providing for penalties, liability, civil 16
remedies, and severability; amending ss. 409.815, 17
627.64995, 627.6699, 627.66996, 641.31099, and 18
775.021, F.S.; conforming provisions and cross -19
references to changes ma de by the act; providing 20
effective dates. 21
22
WHEREAS, the right to life for all natural persons is 23
protected by s. 2, Art. I of the State Constitution and the 24
Fifth and Fourteenth Amendments to the United States 25
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Constitution, and 26
WHEREAS, there is no d istinction between natural unborn 27
persons and natural born persons, and 28
WHEREAS, scientific advancements in human embryology have 29
shown that a person exists from the moment of fertilization at 30
Carnegie Stage 1a, and 31
WHEREAS, denying personhood for any st age past 32
fertilization is a denial of rights guaranteed in the State 33
Constitution and the United States Constitution, and 34
WHEREAS, a person is vested with all the rights of 35
personhood protected by the State Constitution and the United 36
States Constitution at the moment of fertilization, and 37
WHEREAS, the United States Supreme Court has previously 38
committed grave injustices and crimes against humanity by 39
denying personhood to African Americans in the Dred Scott 40
decision; upholding the separate but equal doct rine in Plessy v. 41
Ferguson, which withdrew legal protection from African 42
Americans; and inventing a right to abortion, which withdrew 43
legal protection from unborn children who are considered persons 44
under the United States Constitution, and 45
WHEREAS, a crime against humanity occurs when a government 46
withdraws legal protection from a group of persons which results 47
in the severe deprivation of rights, up to and including death, 48
and 49
WHEREAS, state-sanctioned abortion is a crime against 50
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humanity which results in the severe deprivation of the rights 51
of women and infants, up to and including death, and 52
WHEREAS, the unjust decisions of Dred Scott, Plessy v. 53
Ferguson, and Roe v. Wade have now been overturned, and 54
WHEREAS, state legislatures may extend legal prote ction to 55
unborn children and end the abortion crime against humanity in 56
their states, and 57
WHEREAS, as of September 25, 2023, more than 500,000 people 58
nationally and more than 32,000 Floridians have signed "The 59
Moral Outcry" petition to end abortion in all 50 states, and 60
WHEREAS, unborn minority children are affected at a 61
disproportionately higher rate than their representation in the 62
general population, and 63
WHEREAS, scientific evidence and personal testimonies 64
demonstrate the massive harm that an abortio n causes women as 65
documented in the sworn affidavits of Florida women, and 66
WHEREAS, scientific advances in embryology have 67
demonstrated that life begins at Carnegie Stage 1a, the moment 68
of fertilization, and that a human embryo is a person, and 69
WHEREAS, safe haven laws in this state allow a woman to 70
eliminate any parenting burden immediately after her child is 71
born, and 72
WHEREAS, public attitudes favoring adoption have created a 73
culture of adoption in the United States, with as many as 2 74
million families nationally waiting long periods of time to 75
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adopt newborn infants, such that infants placed for adoption or 76
surrendered will have an adoptive family waiting, NOW, 77
THEREFORE, 78
79
Be It Enacted by the Legislature of the State of Florida: 80
81
Section 1. Section 390.011, Florida Statutes, is amended 82
to read: 83
390.011 Definitions. —As used in this chapter, the term: 84
(1) "Abortifacient" means any drug, medicine, substance, 85
chemical, or means used to cause an abortion which: 86
(a) Requires a prescription based on FDA guidelines; or 87
(b) Is not approved by the FDA and is primarily used to 88
cause an abortion. 89
(2)(1) "Abortion" means the act of using, prescribing, 90
administering, procuring, or selling any instrument, medicine, 91
drug, or other substance, or any surgic al or nonsurgical means, 92
to terminate the pregnancy of a woman with the knowledge that 93
the termination of the pregnancy by any of these means is 94
reasonably likely to cause the death of the unborn child the 95
termination of human pregnancy with an intention o ther than to 96
produce a live birth or to remove a dead fetus . 97
(3)(2) "Abortion clinic" or "clinic" means any facility in 98
which abortions are performed. The term does not include: 99
(a) A hospital; or 100
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(b) A physician's office, provided that the office is not 101
used primarily for the performance of abortions. 102
(4)(3) "Agency" means the Agency for Health Care 103
Administration. 104
(5)(4) "Born alive" means the complete expulsion or 105
extraction from the mother of a human infant, at any stage of 106
development, who, after such expulsion or extraction, breathes 107
or has a beating heart, or definite and voluntary movement of 108
muscles, regardless of whether the umbilical cord has been cut 109
and regardless of whether the expulsion or extraction occurs as 110
a result of natural or induced labor, caesarean section, induced 111
abortion, or other method. 112
(6)(5) "Department" means the Department of Health. 113
(7)(6) "Fatal fetal abnormality" means a terminal 114
condition that, in reasonable medical judgment, regardless of 115
the provision of life-saving medical treatment, is incompatible 116
with life outside the womb and will result in death upon birth 117
or imminently thereafter. 118
(8) "Fertilization" has the same meaning as in s. 742.13. 119
(9) "Foreign sender" means a person or an entity that: 120
(a) Mails or sends by common carrier an abortifacient to 121
an address in this state or to a person in this state; 122
(b) Intentionally places an abortifacient into the stream 123
of commerce when the person or entity knows that the 124
abortifacient is substantially lik ely to be used in this state 125
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or mailed or sent by common carrier to an address in this state 126
or to a person in this state; or 127
(c) Knowingly prescribes an abortifacient to a person in 128
this state, regardless of whether the prescriber was in this 129
state or knew the recipient was in this state. 130
(10)(7) "Gestation" means the development of a human 131
embryo or fetus as calculated from the first day of the pregnant 132
woman's last menstrual period. 133
(11)(8) "Hospital" means a facility as defined in s. 134
395.002(12) and licensed under chapter 395 and part II of 135
chapter 408. 136
(12)(9) "Medical abortion" means the administration or use 137
of an abortion-inducing drug to induce an abortion. 138
(13) "Medical emergency" means an emergent physical 139
condition in which an abortion is necessary to preserve the life 140
of a pregnant woman whose life is endangered by a physical 141
disorder, physical illness, or physical injury, including a 142
life-endangering physical condition caused by or arising from 143
the pregnancy itself. 144
(14)(10) "Partial-birth abortion" means a termination of 145
pregnancy in which the physician performing the termination of 146
pregnancy partially vaginally delivers a living fetus before 147
killing the fetus and completing the delivery. 148
(15) "Person" means an individual, includin g an unborn 149
child beginning at the moment of fertilization, entitled to 150
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rights recognized by the State Constitution and the United 151
States Constitution. 152
(16)(11) "Physician" means a physician licensed under 153
chapter 458 or chapter 459 or a physician practicing medicine or 154
osteopathic medicine in the employment of the United States. 155
(17) "Pregnancy" means the period of time from 156
fertilization until birth. 157
(18)(12) "Reasonable medical judgment" means a medical 158
judgment that would be made by a reasonably prudent physician, 159
knowledgeable about the case and the treatment possibilities 160
with respect to the medical conditions involved. 161
(19)(13) "Standard medical meas ure" means the medical care 162
that a physician would provide based on the particular facts of 163
the pregnancy, the information available to the physician, and 164
the technology reasonably available in a hospital, as defined in 165
s. 395.002, with an obstetrical depa rtment, to preserve the life 166
and health of the fetus, with or without temporary artificial 167
life-sustaining support, if the fetus were born at the same 168
stage of fetal development. 169
(20)(14) "Trimester" means one of the following three 170
distinct periods of time in the duration of a pregnancy: 171
(a) "First trimester," which is the period of time from 172
fertilization through the end of the 11th week of gestation. 173
(b) "Second trimester," which i s the period of time from 174
the beginning of the 12th week of gestation through the end of 175
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the 23rd week of gestation. 176
(c) "Third trimester," which is the period of time from 177
the beginning of the 24th week of gestation through birth. 178
(21)(15) "Viable" or "viability" means the stage of fetal 179
development when the life of a fetus is sustainable outside the 180
womb through standard medical measures. 181
Section 2. Paragraph (a) of subsection (15) of section 182
390.0111, Florida Statutes, is amended to read: 183
390.0111 Termination of pregnancies. — 184
(15) USE OF PUBLIC FUNDS RESTRICTED. —A state agency, a 185
local governmental entity, or a managed care plan providing 186
services under part IV of chapter 409 may not expend funds for 187
the benefit of, pay funds to, or initiate o r renew a contract 188
with an organization that owns, operates, or is affiliated with 189
one or more clinics that are licensed under this chapter and 190
perform abortions unless one or more of the following applies: 191
(a) All abortions performed by such clinics are : 192
1. On fetuses that are conceived through rape or incest; 193
or 194
2. Are medically necessary to preserve the life of the 195
pregnant woman or to avert a serious risk of substantial and 196
irreversible physical impairment of a major bodily function of 197
the pregnant woman, other than a psychological condition. 198
Section 3. Subsection (3), paragraph (b) of subsection 199
(4), paragraph (b) of subsection (5), and paragraphs (c) and (e) 200
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of subsection (6) of section 390.01114, Florida Statutes, are 201
amended to read: 202
390.01114 Parental Notice of and Consent for Abortion 203
Act.— 204
(3) TERMINATION OF THE PREGNANCY OF A MINOR PROHIBITED; 205
EXCEPTION.—A physician may only not perform or induce the 206
termination of a pregnancy of a minor to save the life of the 207
pregnant minor in a me dical emergency. unless The physician must 208
comply has complied with the notice and consent requirements of 209
this section. 210
(4) NOTIFICATION REQUIRED. — 211
(b) Notice is not required if: 212
1. In the physician's good faith clinical judgment, a 213
medical emergency exists and there is insufficient time for the 214
attending physician to comply with the notification 215
requirements. If a medical emergency exists, the physician shall 216
make reasonable attempts, whenever possible, without endangering 217
the minor, to contact the parent or legal guardian, and may 218
proceed, but must document reasons for the medical necessity in 219
the patient's medical records. The physician shall provide 220
notice directly, in person or by telephone, to the parent or 221
legal guardian, including details of t he medical emergency and 222
any additional risks to the minor. If the parent or legal 223
guardian has not been notified within 24 hours after the 224
termination of the pregnancy, the physician shall provide notice 225
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in writing, including details of the medical emerge ncy and any 226
additional risks to the minor, signed by the physician, to the 227
last known address of the parent or legal guardian of the minor, 228
by first-class mail and by certified mail, return receipt 229
requested, with delivery restricted to the parent or legal 230
guardian; 231
2. Notice is waived in writing by the person who is 232
entitled to notice and such waiver is notarized, dated not more 233
than 30 days before the termination of pregnancy, and contains a 234
specific waiver of the right of the parent or legal guardian t o 235
notice of the minor's termination of pregnancy; 236
3. Notice is waived by the minor who is or has been 237
married or has had the disability of nonage removed under s. 238
743.015 or a similar statute of another state; or 239
4. Notice is waived by the patient beca use the patient has 240
a minor child dependent on her ; or 241
5. Notice is waived under subsection (6) . 242
(5) PARENTAL CONSENT REQUIRED. — 243
(b) The consent of a parent or guardian is not required 244
if: 245
1. Notification is not required as provided in 246
subparagraph (4)(b)1., subparagraph (4)(b)3., or subparagraph 247
(4)(b)4., or subparagraph (4)(b)5. ; 248
2. Notification is not required due to the existence of a 249
waiver as provided in subparagraph (4)(b)2., if that waiver is 250
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signed by the minor's parent or legal guardian, is notarized, is 251
dated within 30 days before the termination of the pregnancy, 252
contains a specific waiver of the right of the parent or legal 253
guardian to consent to the minor's termination of pregnancy, and 254
a copy of the parent's or legal guardian's gover nment-issued 255
proof of identification is attached to the waiver; 256
3. Consent is waived under subsection (6); or 257
3.4. In the physician's good faith clinical judgment, a 258
medical emergency exists and there is insufficient time for the 259
attending physician to comply with the consent requirement. If a 260
medical emergency exists, the physician must make reasonable 261
attempts, whenever possible, and without endangering the minor, 262
to contact the parent or legal guardian of the minor, and may 263
proceed, but must document reasons for the medical necessity in 264
the minor patient's medical records. The physician shall inform 265
the parent or legal guardian, in person or by telephone, within 266
24 hours after the termination of the pregnancy of the minor, 267
including details of the medical emergency that necessitated the 268
termination of the pregnancy without the parent's or legal 269
guardian's consent. T he physician shall also provide this 270
information in writing to the parent or legal guardian at his or 271
her last known address, by first -class mail or by certified 272
mail, return receipt requested, with delivery restricted to the 273
parent or legal guardian. 274
(6) PROCEDURE FOR JUDICIAL WAIVER. — 275
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(c) If the court finds, by clear and convincing evidence, 276
that a termination of a pregnancy is required to save the life 277
of the minor in a medical emergency is sufficiently mature to 278
decide whether to terminate her pregn ancy, the court shall issue 279
an order authorizing the minor to consent to the performance or 280
inducement of a termination of the pregnancy. If the court does 281
not make the finding specified in this paragraph or paragraph 282
(d), it must dismiss the petition. Factors the court shall 283
consider include: 284
1. The minor's: 285
a. Age. 286
b. Overall intelligence. 287
c. Emotional development and stability. 288
d. Credibility and demeanor as a witness. 289
e. Ability to accept responsibility. 290
f. Ability to assess both the immed iate and long-range 291
consequences of the minor's choices. 292
g. Ability to understand and explain the medical risks of 293
terminating her pregnancy and to apply that understanding to her 294
decision. 295
2. Whether there may be any undue influence by another on 296
the minor's decision to have an abortion. 297
(e) A court that conducts proceedings under this section 298
shall: 299
1. Provide for a written transcript of all testimony and 300
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proceedings; 301
2. Issue a final written order containing factual findings 302
and legal conclusions supporting its decision , including factual 303
findings and legal conclusions relating to the maturity of the 304
minor as provided under paragraph (c) ; and 305
3. Order that a confidential record be maintained, as 306
required under s. 390.01116. 307
Section 4. Subsections (1) and (2) of section 390.0112, 308
Florida Statutes, are amended to read: 309
390.0112 Termination of pregnancies; reporting. — 310
(1) The director of any medical facility in which 311
abortions are performed, including surgical procedures and 312
medical abortions, shall submit a report each month to the 313
agency. If the abortion is not performed in a medical facility, 314
the physician performing the abortion shall submit the monthly 315
report. The report must be submitted electronically on a form 316
adopted by the agency, the Board of Medicine, and the Board of 317
Osteopathic Medicine which may not include personal identifying 318
information and must include: 319
(a) The number of abortions performed. 320
(b) The reasons such abortions were performed. If a woman 321
upon whom an abortio n is performed has provided evidence that 322
she is a victim of human trafficking pursuant to s. 323
390.0111(3)(a)1.b.(IV), such reason must be included in the 324
information reported under this section. 325
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(b)(c) For each abortion, the period of gestation at the 326
time the abortion was performed. 327
(c)(d) The number of infants born alive or alive 328
immediately after an attempted abortion. 329
(d)(e) Information consistent with the United States 330
Standard Report of Induced Termination of Pregnancy adopted by 331
the Centers for Disease Control and Prevention. 332
(e)(f) The number of medication abortion regimens 333
prescribed or dispensed. 334
(2) The agency shall keep such reports in a central 335
location for the purpose of compiling and analyzing statistical 336
data and shall submit data r eported pursuant to paragraph (1)(d) 337
(1)(e) to the Division of Reproductive Health within the Centers 338
for Disease Control and Prevention, as requested by the Centers 339
for Disease Control and Prevention. 340
Section 5. Subsections (4) through (8) of section 390.012, 341
Florida Statutes, are renumbered as subsections (2) and (6), 342
respectively, and subsection (1) and present subsections (2) and 343
(3) of that section are amended to read: 344
390.012 Powers of agency; rules; disposal of fetal 345
remains.— 346
(1) The agency may develop and enforce rules pursuant to 347
ss. 390.011-390.018 and part II of chapter 408 for the health, 348
care, and treatment of persons in abortion clinics and for the 349
safe operation of such clinics. 350
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(a) The rules shall be reasonably related to the 351
preservation of maternal health of the clients. 352
(b) The rules shall be in accordance with s. 797.03 and 353
may not impose an unconstitutional burden on a woman's freedom 354
to decide whether to terminate her pregnancy. 355
(b)(c) The rules shall provide for: 356
1. The performance of pregnancy termination procedures 357
only by a licensed physician. 358
2. The making, protection, and preservation of patient 359
records, which shall be treated as medical records under chapter 360
458. When performing a license inspection of a clinic, the 361
agency shall inspect at least 50 percent of patient records 362
generated since the clinic's last license inspection. 363
3. Annual inspections by the agency of all clinics 364
licensed under this chapter to ensure that such clinics are in 365
compliance with this c hapter and agency rules. 366
4. The prompt investigation of credible allegations of 367
abortions being performed at a clinic that is not licensed to 368
perform such procedures. 369
(2) For clinics that perform abortions in the first 370
trimester of pregnancy only, thes e rules must be comparable to 371
rules that apply to all surgical procedures requiring 372
approximately the same degree of skill and care as the 373
performance of first trimester abortions and must require: 374
5.(a) Clinics to have a written patient transfer agreeme nt 375
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with a hospital within reasonable proximity to the clinic which 376
includes the transfer of the patient's medical records held by 377
the clinic and the treating physician to the licensed hospital; 378
or 379
6.(b) Physicians who perform abortions at the clinic to 380
have admitting privileges at a hospital within reasonable 381
proximity to the clinic. 382
(3) For clinics that perform or claim to perform abortions 383
after the first trimester of pregnancy, the agency shall adopt 384
rules pursuant to ss. 120.536(1) and 120.54 to imp lement the 385
provisions of this chapter, including the following: 386
(a) Rules for an abortion clinic's physical facilities. At 387
a minimum, these rules shall prescribe standards for: 388
1. Adequate private space that is specifically designated 389
for interviewing, counseling, and medical evaluations. 390
2. Dressing rooms for staff and patients. 391
3. Appropriate lavatory areas. 392
4. Areas for preprocedure hand washing. 393
5. Private procedure rooms. 394
6. Adequate lighting and ventilation for abortion 395
procedures. 396
7. Surgical or gynecological examination tables and other 397
fixed equipment. 398
8. Postprocedure recovery rooms that are equipped to meet 399
the patients' needs. 400
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9. Emergency exits to accommodate a stretcher or gurney. 401
10. Areas for cleaning and sterilizing ins truments. 402
11. Adequate areas for the secure storage of medical 403
records and necessary equipment and supplies. 404
12. The display in the abortion clinic, in a place that is 405
conspicuous to all patients, of the clinic's current license 406
issued by the agency. 407
(c)(b) Rules to prescribe abortion clinic supplies and 408
equipment standards, including supplies and equipment that are 409
required to be immediately available for use or in an emergency. 410
At a minimum, these rules shall: 411
1. Prescribe required clean and steri lized equipment and 412
supplies, including medications, required for the conduct, in an 413
appropriate fashion, of any abortion procedure that the medical 414
staff of the clinic anticipates performing and for monitoring 415
the progress of each patient throughout the p rocedure and 416
recovery period. 417
2. Prescribe required equipment, supplies, and medications 418
that shall be available and ready for immediate use in an 419
emergency and requirements for written protocols and procedures 420
to be followed by staff in an emergency, su ch as the loss of 421
electrical power. 422
3. Prescribe equipment and supplies for required 423
laboratory tests and requirements for protocols to calibrate and 424
maintain laboratory equipment or equipment operated by clinic 425
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staff at the abortion clinic. 426
4. Require ultrasound equipment. 427
5. Require that all equipment is safe for the patient and 428
the staff, meets applicable federal standards, and is checked 429
annually to ensure safety and appropriate calibration. 430
(d)(c) Rules relating to abortion clinic personnel. At a 431
minimum, these rules shall require that: 432
1. The abortion clinic designate a medical director who is 433
licensed to practice medicine in this state, and all physicians 434
who perform abortions in the clinic have admitting privileges at 435
a hospital within reas onable proximity to the clinic, unless the 436
clinic has a written patient transfer agreement with a hospital 437
within reasonable proximity to the clinic which includes the 438
transfer of the patient's medical records held by both the 439
clinic and the treating physi cian. 440
2. If a physician is not present after an abortion is 441
performed, a registered nurse, licensed practical nurse, 442
advanced practice registered nurse, or physician assistant be 443
present and remain at the clinic to provide postoperative 444
monitoring and care until the patient is discharged. 445
3. Surgical assistants receive training in counseling, 446
patient advocacy, and the specific responsibilities associated 447
with the services the surgical assistants provide. 448
4. Volunteers receive training in the specific 449
responsibilities associated with the services the volunteers 450
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provide, including counseling and patient advocacy as provided 451
in the rules adopted by the director for different types of 452
volunteers based on their responsibilities. 453
(e)(d) Rules relating to the medical screening and 454
evaluation of each abortion clinic patient. At a minimum, these 455
rules shall require: 456
1. A medical history including reported allergies to 457
medications, antiseptic solutions, or latex; past surgeries; and 458
an obstetric and gynecolog ical history. 459
2. A physical examination, including a bimanual 460
examination estimating uterine size and palpation of the adnexa. 461
3. The appropriate laboratory tests, including: 462
a. Urine or blood tests for pregnancy performed before the 463
abortion procedure. 464
b. A test for anemia. 465
c. Rh typing, unless reliable written documentation of 466
blood type is available. 467
d. Other tests as indicated from the physical examination. 468
4. An ultrasound evaluation for all patients. The rules 469
shall require that if a per son who is not a physician performs 470
an ultrasound examination, that person shall have documented 471
evidence that he or she has completed a course in the operation 472
of ultrasound equipment as prescribed in rule. The rules shall 473
require clinics to be in complia nce with s. 390.0111. 474
5. That the physician is responsible for estimating the 475
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gestational age of the fetus based on the ultrasound examination 476
and obstetric standards in keeping with established standards of 477
care regarding the estimation of fetal age as defined in rule 478
and shall write the estimate in the patient's medical history. 479
The physician shall keep original prints of each ultrasound 480
examination of a patient in the patient's medical history file. 481
(f)(e) Rules relating to the abortion procedure. At a 482
minimum, these rules shall require: 483
1. That a physician, registered nurse, licensed practical 484
nurse, advanced practice registered nurse, or physician 485
assistant is available to all patients throughout the abortion 486
procedure. 487
2. Standards for the safe conduct of abortion procedures 488
that conform to obstetric standards in keeping with established 489
standards of care regarding the estimation of fetal age as 490
defined in rule. 491
3. Appropriate use of general and local anesthesia, 492
analgesia, and sedation if ord ered by the physician. 493
4. Appropriate precautions, such as the establishment of 494
intravenous access at least for patients undergoing post -first 495
trimester abortions. 496
5. Appropriate monitoring of the vital signs and other 497
defined signs and markers of the patient's status throughout the 498
abortion procedure and during the recovery period until the 499
patient's condition is deemed to be stable in the recovery room. 500
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(g)(f) Rules that prescribe minimum recovery room 501
standards. At a minimum, these rules must requi re that: 502
1. Postprocedure recovery rooms be supervised and staffed 503
to meet the patients' needs. 504
2. Immediate postprocedure care consist of observation in 505
a supervised recovery room for as long as the patient's 506
condition warrants. 507
3. A registered nurs e, licensed practical nurse, advanced 508
practice registered nurse, or physician assistant who is trained 509
in the management of the recovery area and is capable of 510
providing basic cardiopulmonary resuscitation and related 511
emergency procedures remain on the pre mises of the abortion 512
clinic until all patients are discharged. 513
4. A physician sign the discharge order and be readily 514
accessible and available until the last patient is discharged to 515
facilitate the transfer of emergency cases if hospitalization of 516
the patient or viable fetus is necessary. 517
5. A physician discuss Rho(D) immune globulin with each 518
patient for whom it is indicated and ensure that it is offered 519
to the patient in the immediate postoperative period or will be 520
available to her within 72 hours a fter completion of the 521
abortion procedure. If the patient refuses the Rho(D) immune 522
globulin, she and a witness must sign a refusal form approved by 523
the agency which must be included in the medical record. 524
6. Written instructions with regard to postabortion 525
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coitus, signs of possible problems, and general aftercare which 526
are specific to the patient be given to each patient. The 527
instructions must include information regarding access to 528
medical care for compli cations, including a telephone number for 529
use in the event of a medical emergency. 530
7. A minimum length of time be specified, by type of 531
abortion procedure and duration of gestation, during which a 532
patient must remain in the recovery room. 533
8. The physician ensure that, with the patient's consent, 534
a registered nurse, licensed practical nurse, advanced practice 535
registered nurse, or physician assistant from the abortion 536
clinic makes a good faith effort to contact the patient by 537
telephone within 24 hours aft er surgery to assess the patient's 538
recovery. 539
9. Equipment and services be readily accessible to provide 540
appropriate emergency resuscitative and life support procedures 541
pending the transfer of the patient or viable fetus to the 542
hospital. 543
(h)(g) Rules that prescribe standards for follow-up 544
followup care. At a minimum, these rules shall require that: 545
1. A postabortion medical visit that includes a medical 546
examination and a review of the results of all laboratory tests 547
is offered. 548
2. A urine pregnancy t est is obtained at the time of the 549
followup visit to rule out continuing pregnancy. 550
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3. If a continuing pregnancy is suspected, the patient 551
shall be evaluated and a physician who performs abortions shall 552
be consulted. 553
(i)(h) Rules to prescribe minimum a bortion clinic incident 554
reporting. At a minimum, these rules shall require that: 555
1. The abortion clinic records each incident that results 556
in serious injury to a patient or a viable fetus at an abortion 557
clinic and shall report an incident in writing to t he agency 558
within 10 days after the incident occurs. For the purposes of 559
this paragraph, "serious injury" means an injury that occurs at 560
an abortion clinic and that creates a serious risk of 561
substantial impairment of a major bodily organ. 562
2. If a patient's death occurs, other than a fetal death 563
properly reported pursuant to law, the abortion clinic reports 564
it to the department not later than the next department workday. 565
Section 6. Section 390.031, Florida Statutes, is created 566
to read: 567
390.031 Termination of pregnancies. — 568
(1)(a) Notwithstanding any other law to the contrary, a 569
person or an entity may not purposely perform or attempt to 570
perform an abortion except to save the life of a pregnant woman 571
in a medical emergency. Attempting to perform an abo rtion 572
includes: 573
1. A foreign sender knowingly mailing or sending by common 574
carrier an abortifacient to an address in this state or to a 575
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person in this state. 576
2. A person or an entity knowingly disseminating an 577
abortifacient in this state without a vali d prescription. 578
3. A person or an entity intentionally placing an 579
abortifacient into the stream of commerce when the person or 580
entity knows that the abortifacient is substantially likely to 581
be used in this state or mailed or sent by common carrier to an 582
address in this state. 583
(b) It is not a defense that a foreign sender did not know 584
or intend that an abortion would be performed. 585
(2)(a) Performing or attempting to perform an abortion is 586
a third degree felony, punishable as provided in s. 775.082, s. 587
775.083, or s. 775.084 with a mandatory term of imprisonment not 588
to exceed 10 years or with a fine not to exceed $100,000, or 589
both. 590
(b) This section does not authorize a woman to be charged 591
with or convicted of a criminal offense in the death of her own 592
unborn child. 593
(c) The following are affirmative defenses to any criminal 594
or other liabilities under this section: 595
1. A physician licensed in this state provides a medical 596
procedure or service for a legitimate medical reason to a 597
pregnant woman that results in the accidental or unintentional 598
physical injury to or death of the unborn child. 599
2. A pharmacy fills a valid prescription issued by a 600
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physician licensed in this state. 601
(3) A pregnant woman who receives an abortifacient may 602
bring a civil action against another person or entity, including 603
a foreign sender, that knowingly or intentionally performs or 604
attempts to perform an abortion in violation of this section. 605
(a) If a claimant prevails in an action brought under this 606
section, the court shall award: 607
1. Injunctive relief that requires the defendant to comply 608
with this section. 609
2. Damages of $10,000 for each abortion that the person, 610
entity, or foreign sender knowingly and intentionally performed 611
or attempted to perform. 612
3. Attorney fees and costs. 613
(b) A person may bring an action under this section up to 614
3 years after the date the cause of action accrues or up to 1 615
year after the lifting or expiration of any stay, injunction, or 616
temporary restraining order which was put in place less tha n 3 617
years after the date the cause of action accrued, whichever is 618
later. 619
(c) Notwithstanding any other law to the contrary, a court 620
may not award attorney fees or costs to a defendant in a civil 621
action brought under this section. 622
(d) A civil action brought under this section is in 623
addition to and does not impair the rights or remedies of the 624
plaintiff in other causes of action in law or equity. 625
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(4) If any provision of this section or its application to 626
any particular person or circumstance is held invalid, that 627
provision or its application is severable and does not affect 628
the validity of other provisions or applications of this 629
section. 630
Section 7. Paragraph (s) of subsection (2) of section 631
409.815, Florida Statutes, is amended to read: 632
409.815 Health benefits coverage; limitations. — 633
(2) BENCHMARK BENEFITS. —In order for health benefits 634
coverage to qualify for premium assistance payments for an 635
eligible child under ss. 409.810 -409.821, the health benefits 636
coverage, except for coverage under Med icaid and Medikids, must 637
include the following minimum benefits, as medically necessary. 638
(s) Exclusions.— 639
1. Experimental or investigational procedures that have 640
not been clinically proven by reliable evidence are excluded; 641
2. Services performed for cosmetic purposes only or for 642
the convenience of the enrollee are excluded; and 643
3. Abortion may be covered only if necessary to save the 644
life of the mother or if the pregnancy is the result of an act 645
of rape or incest. 646
Section 8. Subsection (1) of se ction 627.64995, Florida 647
Statutes, is amended to read: 648
627.64995 Restrictions on use of state and federal funds 649
for state exchanges. — 650
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(1) A health insurance policy under which coverage is 651
purchased in whole or in part with any state or federal funds 652
through an exchange created pursuant to the federal Patient 653
Protection and Affordable Care Act, Pub. L. No. 111 -148, may not 654
provide coverage for an abortion as defined in s. 390.011 s. 655
390.011(1), except if the pregnancy is a the result of an act of 656
rape or incest, or in the case in which where a woman suffers 657
from a physical disorder, physical injury, or physical illness, 658
including a life-endangering physical condition caused by or 659
arising from the pregnancy itself, which would, as certified by 660
a physician, place the woman in danger of death unless an 661
abortion is performed. Coverage is deemed to be purchased with 662
state or federal funds if any tax credit or cost -sharing credit 663
is applied toward the health insurance policy. 664
Section 9. Paragraph (a) of subs ection (16) of section 665
627.6699, Florida Statutes, is amended to read: 666
627.6699 Employee Health Care Access Act. — 667
(16) RESTRICTIONS ON COVERAGE. — 668
(a) A plan under which coverage is purchased in whole or 669
in part with any state or federal funds through an exchange 670
created pursuant to the federal Patient Protection and 671
Affordable Care Act, Pub. L. No. 111 -148, may not provide 672
coverage for an abortion, as defined in s. 390.011 s. 673
390.011(1), except if the pregnancy is a the result of an act of 674
rape or incest, or in the case in which where a woman suffers 675
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from a physical disorder, physical injury, or physical illness, 676
including a life-endangering physical condition caused by or 677
arising from the pregnancy itself, which would, as certified by 678
a physician, place the woman in danger of death unless an 679
abortion is performed. Coverage is deemed to be purchased with 680
state or federal funds if any tax credit or cost -sharing credit 681
is applied toward the plan. 682
Section 10. Subsection (1) of section 627.66996, Florid a 683
Statutes, is amended to read: 684
627.66996 Restrictions on use of state and federal funds 685
for state exchanges. — 686
(1) A group, franchise, or blanket health insurance policy 687
under which coverage is purchased in whole or in part with any 688
state or federal funds through an exchange created pursuant to 689
the federal Patient Protection and Affordable Care Act, Pub. L. 690
No. 111-148, may not provide coverage for an abortion as defined 691
in s. 390.011 s. 390.011(1), except if the pregnancy is a the 692
result of an act of r ape or incest, or in the case in which 693
where a woman suffers from a physical disorder, physical injury, 694
or physical illness, including a life -endangering physical 695
condition caused by or arising from the pregnancy itself, which 696
would, as certified by a phys ician, place the woman in danger of 697
death unless an abortion is performed. Coverage is deemed to be 698
purchased with state or federal funds if any tax credit or cost -699
sharing credit is applied toward the group, franchise, or 700
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blanket health insurance policy. 701
Section 11. Subsection (1) of section 641.31099, Florida 702
Statutes, is amended to read: 703
641.31099 Restrictions on use of state and federal funds 704
for state exchanges. — 705
(1) A health maintenance contract under which coverage is 706
purchased in whole or in part with any state or federal funds 707
through an exchange created pursuant to the federal Patient 708
Protection and Affordable Care Act, Pub. L. No. 111 -148, may not 709
provide coverage for an abortion as defined in s. 390.011 s. 710
390.011(1), except if the pregnan cy is a the result of an act of 711
rape or incest, or in the case in which where a woman suffers 712
from a physical disorder, physical injury, or physical illness, 713
including a life-endangering physical condition caused by or 714
arising from the pregnancy itself, wh ich would, as certified by 715
a physician, place the woman in danger of death unless an 716
abortion is performed. Coverage is deemed to be purchased with 717
state or federal funds if any tax credit or cost -sharing credit 718
is applied toward the health maintenance con tract. 719
Section 12. Paragraph (d) of subsection (5) of section 720
775.021, Florida Statutes, is amended to read: 721
775.021 Rules of construction. — 722
(5) Whoever commits an act that violates a provision of 723
this code or commits a criminal offense defined by another 724
statute and thereby causes the death of, or bodily injury to, an 725
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unborn child commits a separate offense if the provision or 726
statute does not otherwise specifically provide a separate 727
offense for such death or injury to an unborn child. 728
(d) This subsection does not permit the prosecution: 729
1. Of any person for conduct relating to an abortion for 730
which the consent of the pregnant woman, or a person authorized 731
by law to act on her behalf, has been obtained or for which such 732
consent is implied by la w or an abortion performed in compliance 733
with s. 390.031; 734
2. Of a person for providing medical treatment of the 735
pregnant woman or her unborn child; or 736
3. Of a woman with respect to her unborn child. 737
Section 13. This act shall take effect 30 days after any 738
of the following occurs: a decision by the Florida Supreme Court 739
holding that the right to privacy enshrined in s. 23, Article I 740
of the State Constitution does not include a right to abortion; 741
a decision by the Florida Supreme Court in Planned Parenthood v. 742
State, SC2022-1050, allowing the prohibition on abortions after 743
15 weeks in s. 390.0111(1), Florida Statutes, to remain in 744
effect, including a decision approving, in whole or in part, the 745
First District Court of Appeal's decision under review or a 746
decision discharging jurisdiction; an amendment to the State 747
Constitution clarifying that s. 23, Article I of the State 748
Constitution does not include a right to abortion; or a decision 749
by the Florida Supreme Court after March 7, 2023, receding, in 750
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whole or in part, from In re T.W., 551 So. 2d 1186 (Fla. 1989), 751
North Fla. Women's Health v. State , 866 So. 2d 612 (Fla. 2003), 752
or Gainesville Woman Care, LLC v. State , 210 So. 3d 1243 (Fla. 753
2017), except for thi s section, which shall take effect upon 754
becoming a law. 755