Florida 2024 Regular Session

Florida House Bill H1519 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	HB 1519 2024
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1519-00
9	9	Page 1 of 31
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
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to termination of pregnancies; 2
16	16	amending s. 390.011, F.S.; revising and providing 3
17	17	definitions; amending s. 390.0111, F.S.; authorizing 4
18	18	the use of public funds for abortions only under a 5
19	19	specified circumstance; amending s. 390.01114, F.S.; 6
20	20	providing requirements for a termination of pregnancy 7
21	21	for a minor; revising requirements for a court to 8
22	22	issue an order authorizing a minor to consent to such 9
23	23	termination; amending s. 390.0112, F.S.; revising 10
24	24	reporting requirements for certain facilities; 11
25	25	amending s. 390.012, F.S.; revising rulemaking 12
26	26	requirements; creating s. 390.031, F.S.; prohibiting a 13
27	27	person or an entity from purposely performing or 14
28	28	attempting to perform an abortion; providing an 15
29	29	exception; providing for penalties, liability, civil 16
30	30	remedies, and severability; amending ss. 409.815, 17
31	31	627.64995, 627.6699, 627.66996, 641.31099, and 18
32	32	775.021, F.S.; conforming provisions and cross -19
33	33	references to changes ma de by the act; providing 20
34	34	effective dates. 21
35	35	22
36	36	WHEREAS, the right to life for all natural persons is 23
37	37	protected by s. 2, Art. I of the State Constitution and the 24
38	38	Fifth and Fourteenth Amendments to the United States 25
39	39
40	40	HB 1519 2024
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb1519-00
46	46	Page 2 of 31
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
48	48
49	49
50	50
51	51	Constitution, and 26
52	52	WHEREAS, there is no d istinction between natural unborn 27
53	53	persons and natural born persons, and 28
54	54	WHEREAS, scientific advancements in human embryology have 29
55	55	shown that a person exists from the moment of fertilization at 30
56	56	Carnegie Stage 1a, and 31
57	57	WHEREAS, denying personhood for any st age past 32
58	58	fertilization is a denial of rights guaranteed in the State 33
59	59	Constitution and the United States Constitution, and 34
60	60	WHEREAS, a person is vested with all the rights of 35
61	61	personhood protected by the State Constitution and the United 36
62	62	States Constitution at the moment of fertilization, and 37
63	63	WHEREAS, the United States Supreme Court has previously 38
64	64	committed grave injustices and crimes against humanity by 39
65	65	denying personhood to African Americans in the Dred Scott 40
66	66	decision; upholding the separate but equal doct rine in Plessy v. 41
67	67	Ferguson, which withdrew legal protection from African 42
68	68	Americans; and inventing a right to abortion, which withdrew 43
69	69	legal protection from unborn children who are considered persons 44
70	70	under the United States Constitution, and 45
71	71	WHEREAS, a crime against humanity occurs when a government 46
72	72	withdraws legal protection from a group of persons which results 47
73	73	in the severe deprivation of rights, up to and including death, 48
74	74	and 49
75	75	WHEREAS, state-sanctioned abortion is a crime against 50
76	76
77	77	HB 1519 2024
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1519-00
83	83	Page 3 of 31
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
85	85
86	86
87	87
88	88	humanity which results in the severe deprivation of the rights 51
89	89	of women and infants, up to and including death, and 52
90	90	WHEREAS, the unjust decisions of Dred Scott, Plessy v. 53
91	91	Ferguson, and Roe v. Wade have now been overturned, and 54
92	92	WHEREAS, state legislatures may extend legal prote ction to 55
93	93	unborn children and end the abortion crime against humanity in 56
94	94	their states, and 57
95	95	WHEREAS, as of September 25, 2023, more than 500,000 people 58
96	96	nationally and more than 32,000 Floridians have signed "The 59
97	97	Moral Outcry" petition to end abortion in all 50 states, and 60
98	98	WHEREAS, unborn minority children are affected at a 61
99	99	disproportionately higher rate than their representation in the 62
100	100	general population, and 63
101	101	WHEREAS, scientific evidence and personal testimonies 64
102	102	demonstrate the massive harm that an abortio n causes women as 65
103	103	documented in the sworn affidavits of Florida women, and 66
104	104	WHEREAS, scientific advances in embryology have 67
105	105	demonstrated that life begins at Carnegie Stage 1a, the moment 68
106	106	of fertilization, and that a human embryo is a person, and 69
107	107	WHEREAS, safe haven laws in this state allow a woman to 70
108	108	eliminate any parenting burden immediately after her child is 71
109	109	born, and 72
110	110	WHEREAS, public attitudes favoring adoption have created a 73
111	111	culture of adoption in the United States, with as many as 2 74
112	112	million families nationally waiting long periods of time to 75
113	113
114	114	HB 1519 2024
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb1519-00
120	120	Page 4 of 31
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
122	122
123	123
124	124
125	125	adopt newborn infants, such that infants placed for adoption or 76
126	126	surrendered will have an adoptive family waiting, NOW, 77
127	127	THEREFORE, 78
128	128	79
129	129	Be It Enacted by the Legislature of the State of Florida: 80
130	130	81
131	131	Section 1. Section 390.011, Florida Statutes, is amended 82
132	132	to read: 83
133	133	390.011 Definitions. —As used in this chapter, the term: 84
134	134	(1) "Abortifacient" means any drug, medicine, substance, 85
135	135	chemical, or means used to cause an abortion which: 86
136	136	(a) Requires a prescription based on FDA guidelines; or 87
137	137	(b) Is not approved by the FDA and is primarily used to 88
138	138	cause an abortion. 89
139	139	(2)(1) "Abortion" means the act of using, prescribing, 90
140	140	administering, procuring, or selling any instrument, medicine, 91
141	141	drug, or other substance, or any surgic al or nonsurgical means, 92
142	142	to terminate the pregnancy of a woman with the knowledge that 93
143	143	the termination of the pregnancy by any of these means is 94
144	144	reasonably likely to cause the death of the unborn child the 95
145	145	termination of human pregnancy with an intention o ther than to 96
146	146	produce a live birth or to remove a dead fetus . 97
147	147	(3)(2) "Abortion clinic" or "clinic" means any facility in 98
148	148	which abortions are performed. The term does not include: 99
149	149	(a) A hospital; or 100
150	150
151	151	HB 1519 2024
152	152
153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb1519-00
157	157	Page 5 of 31
158	158	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
159	159
160	160
161	161
162	162	(b) A physician's office, provided that the office is not 101
163	163	used primarily for the performance of abortions. 102
164	164	(4)(3) "Agency" means the Agency for Health Care 103
165	165	Administration. 104
166	166	(5)(4) "Born alive" means the complete expulsion or 105
167	167	extraction from the mother of a human infant, at any stage of 106
168	168	development, who, after such expulsion or extraction, breathes 107
169	169	or has a beating heart, or definite and voluntary movement of 108
170	170	muscles, regardless of whether the umbilical cord has been cut 109
171	171	and regardless of whether the expulsion or extraction occurs as 110
172	172	a result of natural or induced labor, caesarean section, induced 111
173	173	abortion, or other method. 112
174	174	(6)(5) "Department" means the Department of Health. 113
175	175	(7)(6) "Fatal fetal abnormality" means a terminal 114
176	176	condition that, in reasonable medical judgment, regardless of 115
177	177	the provision of life-saving medical treatment, is incompatible 116
178	178	with life outside the womb and will result in death upon birth 117
179	179	or imminently thereafter. 118
180	180	(8) "Fertilization" has the same meaning as in s. 742.13. 119
181	181	(9) "Foreign sender" means a person or an entity that: 120
182	182	(a) Mails or sends by common carrier an abortifacient to 121
183	183	an address in this state or to a person in this state; 122
184	184	(b) Intentionally places an abortifacient into the stream 123
185	185	of commerce when the person or entity knows that the 124
186	186	abortifacient is substantially lik ely to be used in this state 125
187	187
188	188	HB 1519 2024
189	189
190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb1519-00
194	194	Page 6 of 31
195	195	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
196	196
197	197
198	198
199	199	or mailed or sent by common carrier to an address in this state 126
200	200	or to a person in this state; or 127
201	201	(c) Knowingly prescribes an abortifacient to a person in 128
202	202	this state, regardless of whether the prescriber was in this 129
203	203	state or knew the recipient was in this state. 130
204	204	(10)(7) "Gestation" means the development of a human 131
205	205	embryo or fetus as calculated from the first day of the pregnant 132
206	206	woman's last menstrual period. 133
207	207	(11)(8) "Hospital" means a facility as defined in s. 134
208	208	395.002(12) and licensed under chapter 395 and part II of 135
209	209	chapter 408. 136
210	210	(12)(9) "Medical abortion" means the administration or use 137
211	211	of an abortion-inducing drug to induce an abortion. 138
212	212	(13) "Medical emergency" means an emergent physical 139
213	213	condition in which an abortion is necessary to preserve the life 140
214	214	of a pregnant woman whose life is endangered by a physical 141
215	215	disorder, physical illness, or physical injury, including a 142
216	216	life-endangering physical condition caused by or arising from 143
217	217	the pregnancy itself. 144
218	218	(14)(10) "Partial-birth abortion" means a termination of 145
219	219	pregnancy in which the physician performing the termination of 146
220	220	pregnancy partially vaginally delivers a living fetus before 147
221	221	killing the fetus and completing the delivery. 148
222	222	(15) "Person" means an individual, includin g an unborn 149
223	223	child beginning at the moment of fertilization, entitled to 150
224	224
225	225	HB 1519 2024
226	226
227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb1519-00
231	231	Page 7 of 31
232	232	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
233	233
234	234
235	235
236	236	rights recognized by the State Constitution and the United 151
237	237	States Constitution. 152
238	238	(16)(11) "Physician" means a physician licensed under 153
239	239	chapter 458 or chapter 459 or a physician practicing medicine or 154
240	240	osteopathic medicine in the employment of the United States. 155
241	241	(17) "Pregnancy" means the period of time from 156
242	242	fertilization until birth. 157
243	243	(18)(12) "Reasonable medical judgment" means a medical 158
244	244	judgment that would be made by a reasonably prudent physician, 159
245	245	knowledgeable about the case and the treatment possibilities 160
246	246	with respect to the medical conditions involved. 161
247	247	(19)(13) "Standard medical meas ure" means the medical care 162
248	248	that a physician would provide based on the particular facts of 163
249	249	the pregnancy, the information available to the physician, and 164
250	250	the technology reasonably available in a hospital, as defined in 165
251	251	s. 395.002, with an obstetrical depa rtment, to preserve the life 166
252	252	and health of the fetus, with or without temporary artificial 167
253	253	life-sustaining support, if the fetus were born at the same 168
254	254	stage of fetal development. 169
255	255	(20)(14) "Trimester" means one of the following three 170
256	256	distinct periods of time in the duration of a pregnancy: 171
257	257	(a) "First trimester," which is the period of time from 172
258	258	fertilization through the end of the 11th week of gestation. 173
259	259	(b) "Second trimester," which i s the period of time from 174
260	260	the beginning of the 12th week of gestation through the end of 175
261	261
262	262	HB 1519 2024
263	263
264	264
265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb1519-00
268	268	Page 8 of 31
269	269	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
270	270
271	271
272	272
273	273	the 23rd week of gestation. 176
274	274	(c) "Third trimester," which is the period of time from 177
275	275	the beginning of the 24th week of gestation through birth. 178
276	276	(21)(15) "Viable" or "viability" means the stage of fetal 179
277	277	development when the life of a fetus is sustainable outside the 180
278	278	womb through standard medical measures. 181
279	279	Section 2. Paragraph (a) of subsection (15) of section 182
280	280	390.0111, Florida Statutes, is amended to read: 183
281	281	390.0111 Termination of pregnancies. — 184
282	282	(15) USE OF PUBLIC FUNDS RESTRICTED. —A state agency, a 185
283	283	local governmental entity, or a managed care plan providing 186
284	284	services under part IV of chapter 409 may not expend funds for 187
285	285	the benefit of, pay funds to, or initiate o r renew a contract 188
286	286	with an organization that owns, operates, or is affiliated with 189
287	287	one or more clinics that are licensed under this chapter and 190
288	288	perform abortions unless one or more of the following applies: 191
289	289	(a) All abortions performed by such clinics are : 192
290	290	1. On fetuses that are conceived through rape or incest; 193
291	291	or 194
292	292	2. Are medically necessary to preserve the life of the 195
293	293	pregnant woman or to avert a serious risk of substantial and 196
294	294	irreversible physical impairment of a major bodily function of 197
295	295	the pregnant woman, other than a psychological condition. 198
296	296	Section 3. Subsection (3), paragraph (b) of subsection 199
297	297	(4), paragraph (b) of subsection (5), and paragraphs (c) and (e) 200
298	298
299	299	HB 1519 2024
300	300
301	301
302	302
303	303	CODING: Words stricken are deletions; words underlined are additions.
304	304	hb1519-00
305	305	Page 9 of 31
306	306	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
307	307
308	308
309	309
310	310	of subsection (6) of section 390.01114, Florida Statutes, are 201
311	311	amended to read: 202
312	312	390.01114 Parental Notice of and Consent for Abortion 203
313	313	Act.— 204
314	314	(3) TERMINATION OF THE PREGNANCY OF A MINOR PROHIBITED; 205
315	315	EXCEPTION.—A physician may only not perform or induce the 206
316	316	termination of a pregnancy of a minor to save the life of the 207
317	317	pregnant minor in a me dical emergency. unless The physician must 208
318	318	comply has complied with the notice and consent requirements of 209
319	319	this section. 210
320	320	(4) NOTIFICATION REQUIRED. — 211
321	321	(b) Notice is not required if: 212
322	322	1. In the physician's good faith clinical judgment, a 213
323	323	medical emergency exists and there is insufficient time for the 214
324	324	attending physician to comply with the notification 215
325	325	requirements. If a medical emergency exists, the physician shall 216
326	326	make reasonable attempts, whenever possible, without endangering 217
327	327	the minor, to contact the parent or legal guardian, and may 218
328	328	proceed, but must document reasons for the medical necessity in 219
329	329	the patient's medical records. The physician shall provide 220
330	330	notice directly, in person or by telephone, to the parent or 221
331	331	legal guardian, including details of t he medical emergency and 222
332	332	any additional risks to the minor. If the parent or legal 223
333	333	guardian has not been notified within 24 hours after the 224
334	334	termination of the pregnancy, the physician shall provide notice 225
335	335
336	336	HB 1519 2024
337	337
338	338
339	339
340	340	CODING: Words stricken are deletions; words underlined are additions.
341	341	hb1519-00
342	342	Page 10 of 31
343	343	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
344	344
345	345
346	346
347	347	in writing, including details of the medical emerge ncy and any 226
348	348	additional risks to the minor, signed by the physician, to the 227
349	349	last known address of the parent or legal guardian of the minor, 228
350	350	by first-class mail and by certified mail, return receipt 229
351	351	requested, with delivery restricted to the parent or legal 230
352	352	guardian; 231
353	353	2. Notice is waived in writing by the person who is 232
354	354	entitled to notice and such waiver is notarized, dated not more 233
355	355	than 30 days before the termination of pregnancy, and contains a 234
356	356	specific waiver of the right of the parent or legal guardian t o 235
357	357	notice of the minor's termination of pregnancy; 236
358	358	3. Notice is waived by the minor who is or has been 237
359	359	married or has had the disability of nonage removed under s. 238
360	360	743.015 or a similar statute of another state; or 239
361	361	4. Notice is waived by the patient beca use the patient has 240
362	362	a minor child dependent on her ; or 241
363	363	5. Notice is waived under subsection (6) . 242
364	364	(5) PARENTAL CONSENT REQUIRED. — 243
365	365	(b) The consent of a parent or guardian is not required 244
366	366	if: 245
367	367	1. Notification is not required as provided in 246
368	368	subparagraph (4)(b)1., subparagraph (4)(b)3., or subparagraph 247
369	369	(4)(b)4., or subparagraph (4)(b)5. ; 248
370	370	2. Notification is not required due to the existence of a 249
371	371	waiver as provided in subparagraph (4)(b)2., if that waiver is 250
372	372
373	373	HB 1519 2024
374	374
375	375
376	376
377	377	CODING: Words stricken are deletions; words underlined are additions.
378	378	hb1519-00
379	379	Page 11 of 31
380	380	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
381	381
382	382
383	383
384	384	signed by the minor's parent or legal guardian, is notarized, is 251
385	385	dated within 30 days before the termination of the pregnancy, 252
386	386	contains a specific waiver of the right of the parent or legal 253
387	387	guardian to consent to the minor's termination of pregnancy, and 254
388	388	a copy of the parent's or legal guardian's gover nment-issued 255
389	389	proof of identification is attached to the waiver; 256
390	390	3. Consent is waived under subsection (6); or 257
391	391	3.4. In the physician's good faith clinical judgment, a 258
392	392	medical emergency exists and there is insufficient time for the 259
393	393	attending physician to comply with the consent requirement. If a 260
394	394	medical emergency exists, the physician must make reasonable 261
395	395	attempts, whenever possible, and without endangering the minor, 262
396	396	to contact the parent or legal guardian of the minor, and may 263
397	397	proceed, but must document reasons for the medical necessity in 264
398	398	the minor patient's medical records. The physician shall inform 265
399	399	the parent or legal guardian, in person or by telephone, within 266
400	400	24 hours after the termination of the pregnancy of the minor, 267
401	401	including details of the medical emergency that necessitated the 268
402	402	termination of the pregnancy without the parent's or legal 269
403	403	guardian's consent. T he physician shall also provide this 270
404	404	information in writing to the parent or legal guardian at his or 271
405	405	her last known address, by first -class mail or by certified 272
406	406	mail, return receipt requested, with delivery restricted to the 273
407	407	parent or legal guardian. 274
408	408	(6) PROCEDURE FOR JUDICIAL WAIVER. — 275
409	409
410	410	HB 1519 2024
411	411
412	412
413	413
414	414	CODING: Words stricken are deletions; words underlined are additions.
415	415	hb1519-00
416	416	Page 12 of 31
417	417	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
418	418
419	419
420	420
421	421	(c) If the court finds, by clear and convincing evidence, 276
422	422	that a termination of a pregnancy is required to save the life 277
423	423	of the minor in a medical emergency is sufficiently mature to 278
424	424	decide whether to terminate her pregn ancy, the court shall issue 279
425	425	an order authorizing the minor to consent to the performance or 280
426	426	inducement of a termination of the pregnancy. If the court does 281
427	427	not make the finding specified in this paragraph or paragraph 282
428	428	(d), it must dismiss the petition. Factors the court shall 283
429	429	consider include: 284
430	430	1. The minor's: 285
431	431	a. Age. 286
432	432	b. Overall intelligence. 287
433	433	c. Emotional development and stability. 288
434	434	d. Credibility and demeanor as a witness. 289
435	435	e. Ability to accept responsibility. 290
436	436	f. Ability to assess both the immed iate and long-range 291
437	437	consequences of the minor's choices. 292
438	438	g. Ability to understand and explain the medical risks of 293
439	439	terminating her pregnancy and to apply that understanding to her 294
440	440	decision. 295
441	441	2. Whether there may be any undue influence by another on 296
442	442	the minor's decision to have an abortion. 297
443	443	(e) A court that conducts proceedings under this section 298
444	444	shall: 299
445	445	1. Provide for a written transcript of all testimony and 300
446	446
447	447	HB 1519 2024
448	448
449	449
450	450
451	451	CODING: Words stricken are deletions; words underlined are additions.
452	452	hb1519-00
453	453	Page 13 of 31
454	454	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
455	455
456	456
457	457
458	458	proceedings; 301
459	459	2. Issue a final written order containing factual findings 302
460	460	and legal conclusions supporting its decision , including factual 303
461	461	findings and legal conclusions relating to the maturity of the 304
462	462	minor as provided under paragraph (c) ; and 305
463	463	3. Order that a confidential record be maintained, as 306
464	464	required under s. 390.01116. 307
465	465	Section 4. Subsections (1) and (2) of section 390.0112, 308
466	466	Florida Statutes, are amended to read: 309
467	467	390.0112 Termination of pregnancies; reporting. — 310
468	468	(1) The director of any medical facility in which 311
469	469	abortions are performed, including surgical procedures and 312
470	470	medical abortions, shall submit a report each month to the 313
471	471	agency. If the abortion is not performed in a medical facility, 314
472	472	the physician performing the abortion shall submit the monthly 315
473	473	report. The report must be submitted electronically on a form 316
474	474	adopted by the agency, the Board of Medicine, and the Board of 317
475	475	Osteopathic Medicine which may not include personal identifying 318
476	476	information and must include: 319
477	477	(a) The number of abortions performed. 320
478	478	(b) The reasons such abortions were performed. If a woman 321
479	479	upon whom an abortio n is performed has provided evidence that 322
480	480	she is a victim of human trafficking pursuant to s. 323
481	481	390.0111(3)(a)1.b.(IV), such reason must be included in the 324
482	482	information reported under this section. 325
483	483
484	484	HB 1519 2024
485	485
486	486
487	487
488	488	CODING: Words stricken are deletions; words underlined are additions.
489	489	hb1519-00
490	490	Page 14 of 31
491	491	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
492	492
493	493
494	494
495	495	(b)(c) For each abortion, the period of gestation at the 326
496	496	time the abortion was performed. 327
497	497	(c)(d) The number of infants born alive or alive 328
498	498	immediately after an attempted abortion. 329
499	499	(d)(e) Information consistent with the United States 330
500	500	Standard Report of Induced Termination of Pregnancy adopted by 331
501	501	the Centers for Disease Control and Prevention. 332
502	502	(e)(f) The number of medication abortion regimens 333
503	503	prescribed or dispensed. 334
504	504	(2) The agency shall keep such reports in a central 335
505	505	location for the purpose of compiling and analyzing statistical 336
506	506	data and shall submit data r eported pursuant to paragraph (1)(d) 337
507	507	(1)(e) to the Division of Reproductive Health within the Centers 338
508	508	for Disease Control and Prevention, as requested by the Centers 339
509	509	for Disease Control and Prevention. 340
510	510	Section 5. Subsections (4) through (8) of section 390.012, 341
511	511	Florida Statutes, are renumbered as subsections (2) and (6), 342
512	512	respectively, and subsection (1) and present subsections (2) and 343
513	513	(3) of that section are amended to read: 344
514	514	390.012 Powers of agency; rules; disposal of fetal 345
515	515	remains.— 346
516	516	(1) The agency may develop and enforce rules pursuant to 347
517	517	ss. 390.011-390.018 and part II of chapter 408 for the health, 348
518	518	care, and treatment of persons in abortion clinics and for the 349
519	519	safe operation of such clinics. 350
520	520
521	521	HB 1519 2024
522	522
523	523
524	524
525	525	CODING: Words stricken are deletions; words underlined are additions.
526	526	hb1519-00
527	527	Page 15 of 31
528	528	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
529	529
530	530
531	531
532	532	(a) The rules shall be reasonably related to the 351
533	533	preservation of maternal health of the clients. 352
534	534	(b) The rules shall be in accordance with s. 797.03 and 353
535	535	may not impose an unconstitutional burden on a woman's freedom 354
536	536	to decide whether to terminate her pregnancy. 355
537	537	(b)(c) The rules shall provide for: 356
538	538	1. The performance of pregnancy termination procedures 357
539	539	only by a licensed physician. 358
540	540	2. The making, protection, and preservation of patient 359
541	541	records, which shall be treated as medical records under chapter 360
542	542	458. When performing a license inspection of a clinic, the 361
543	543	agency shall inspect at least 50 percent of patient records 362
544	544	generated since the clinic's last license inspection. 363
545	545	3. Annual inspections by the agency of all clinics 364
546	546	licensed under this chapter to ensure that such clinics are in 365
547	547	compliance with this c hapter and agency rules. 366
548	548	4. The prompt investigation of credible allegations of 367
549	549	abortions being performed at a clinic that is not licensed to 368
550	550	perform such procedures. 369
551	551	(2) For clinics that perform abortions in the first 370
552	552	trimester of pregnancy only, thes e rules must be comparable to 371
553	553	rules that apply to all surgical procedures requiring 372
554	554	approximately the same degree of skill and care as the 373
555	555	performance of first trimester abortions and must require: 374
556	556	5.(a) Clinics to have a written patient transfer agreeme nt 375
557	557
558	558	HB 1519 2024
559	559
560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
563	563	hb1519-00
564	564	Page 16 of 31
565	565	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
566	566
567	567
568	568
569	569	with a hospital within reasonable proximity to the clinic which 376
570	570	includes the transfer of the patient's medical records held by 377
571	571	the clinic and the treating physician to the licensed hospital; 378
572	572	or 379
573	573	6.(b) Physicians who perform abortions at the clinic to 380
574	574	have admitting privileges at a hospital within reasonable 381
575	575	proximity to the clinic. 382
576	576	(3) For clinics that perform or claim to perform abortions 383
577	577	after the first trimester of pregnancy, the agency shall adopt 384
578	578	rules pursuant to ss. 120.536(1) and 120.54 to imp lement the 385
579	579	provisions of this chapter, including the following: 386
580	580	(a) Rules for an abortion clinic's physical facilities. At 387
581	581	a minimum, these rules shall prescribe standards for: 388
582	582	1. Adequate private space that is specifically designated 389
583	583	for interviewing, counseling, and medical evaluations. 390
584	584	2. Dressing rooms for staff and patients. 391
585	585	3. Appropriate lavatory areas. 392
586	586	4. Areas for preprocedure hand washing. 393
587	587	5. Private procedure rooms. 394
588	588	6. Adequate lighting and ventilation for abortion 395
589	589	procedures. 396
590	590	7. Surgical or gynecological examination tables and other 397
591	591	fixed equipment. 398
592	592	8. Postprocedure recovery rooms that are equipped to meet 399
593	593	the patients' needs. 400
594	594
595	595	HB 1519 2024
596	596
597	597
598	598
599	599	CODING: Words stricken are deletions; words underlined are additions.
600	600	hb1519-00
601	601	Page 17 of 31
602	602	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
603	603
604	604
605	605
606	606	9. Emergency exits to accommodate a stretcher or gurney. 401
607	607	10. Areas for cleaning and sterilizing ins truments. 402
608	608	11. Adequate areas for the secure storage of medical 403
609	609	records and necessary equipment and supplies. 404
610	610	12. The display in the abortion clinic, in a place that is 405
611	611	conspicuous to all patients, of the clinic's current license 406
612	612	issued by the agency. 407
613	613	(c)(b) Rules to prescribe abortion clinic supplies and 408
614	614	equipment standards, including supplies and equipment that are 409
615	615	required to be immediately available for use or in an emergency. 410
616	616	At a minimum, these rules shall: 411
617	617	1. Prescribe required clean and steri lized equipment and 412
618	618	supplies, including medications, required for the conduct, in an 413
619	619	appropriate fashion, of any abortion procedure that the medical 414
620	620	staff of the clinic anticipates performing and for monitoring 415
621	621	the progress of each patient throughout the p rocedure and 416
622	622	recovery period. 417
623	623	2. Prescribe required equipment, supplies, and medications 418
624	624	that shall be available and ready for immediate use in an 419
625	625	emergency and requirements for written protocols and procedures 420
626	626	to be followed by staff in an emergency, su ch as the loss of 421
627	627	electrical power. 422
628	628	3. Prescribe equipment and supplies for required 423
629	629	laboratory tests and requirements for protocols to calibrate and 424
630	630	maintain laboratory equipment or equipment operated by clinic 425
631	631
632	632	HB 1519 2024
633	633
634	634
635	635
636	636	CODING: Words stricken are deletions; words underlined are additions.
637	637	hb1519-00
638	638	Page 18 of 31
639	639	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
640	640
641	641
642	642
643	643	staff at the abortion clinic. 426
644	644	4. Require ultrasound equipment. 427
645	645	5. Require that all equipment is safe for the patient and 428
646	646	the staff, meets applicable federal standards, and is checked 429
647	647	annually to ensure safety and appropriate calibration. 430
648	648	(d)(c) Rules relating to abortion clinic personnel. At a 431
649	649	minimum, these rules shall require that: 432
650	650	1. The abortion clinic designate a medical director who is 433
651	651	licensed to practice medicine in this state, and all physicians 434
652	652	who perform abortions in the clinic have admitting privileges at 435
653	653	a hospital within reas onable proximity to the clinic, unless the 436
654	654	clinic has a written patient transfer agreement with a hospital 437
655	655	within reasonable proximity to the clinic which includes the 438
656	656	transfer of the patient's medical records held by both the 439
657	657	clinic and the treating physi cian. 440
658	658	2. If a physician is not present after an abortion is 441
659	659	performed, a registered nurse, licensed practical nurse, 442
660	660	advanced practice registered nurse, or physician assistant be 443
661	661	present and remain at the clinic to provide postoperative 444
662	662	monitoring and care until the patient is discharged. 445
663	663	3. Surgical assistants receive training in counseling, 446
664	664	patient advocacy, and the specific responsibilities associated 447
665	665	with the services the surgical assistants provide. 448
666	666	4. Volunteers receive training in the specific 449
667	667	responsibilities associated with the services the volunteers 450
668	668
669	669	HB 1519 2024
670	670
671	671
672	672
673	673	CODING: Words stricken are deletions; words underlined are additions.
674	674	hb1519-00
675	675	Page 19 of 31
676	676	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
677	677
678	678
679	679
680	680	provide, including counseling and patient advocacy as provided 451
681	681	in the rules adopted by the director for different types of 452
682	682	volunteers based on their responsibilities. 453
683	683	(e)(d) Rules relating to the medical screening and 454
684	684	evaluation of each abortion clinic patient. At a minimum, these 455
685	685	rules shall require: 456
686	686	1. A medical history including reported allergies to 457
687	687	medications, antiseptic solutions, or latex; past surgeries; and 458
688	688	an obstetric and gynecolog ical history. 459
689	689	2. A physical examination, including a bimanual 460
690	690	examination estimating uterine size and palpation of the adnexa. 461
691	691	3. The appropriate laboratory tests, including: 462
692	692	a. Urine or blood tests for pregnancy performed before the 463
693	693	abortion procedure. 464
694	694	b. A test for anemia. 465
695	695	c. Rh typing, unless reliable written documentation of 466
696	696	blood type is available. 467
697	697	d. Other tests as indicated from the physical examination. 468
698	698	4. An ultrasound evaluation for all patients. The rules 469
699	699	shall require that if a per son who is not a physician performs 470
700	700	an ultrasound examination, that person shall have documented 471
701	701	evidence that he or she has completed a course in the operation 472
702	702	of ultrasound equipment as prescribed in rule. The rules shall 473
703	703	require clinics to be in complia nce with s. 390.0111. 474
704	704	5. That the physician is responsible for estimating the 475
705	705
706	706	HB 1519 2024
707	707
708	708
709	709
710	710	CODING: Words stricken are deletions; words underlined are additions.
711	711	hb1519-00
712	712	Page 20 of 31
713	713	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
714	714
715	715
716	716
717	717	gestational age of the fetus based on the ultrasound examination 476
718	718	and obstetric standards in keeping with established standards of 477
719	719	care regarding the estimation of fetal age as defined in rule 478
720	720	and shall write the estimate in the patient's medical history. 479
721	721	The physician shall keep original prints of each ultrasound 480
722	722	examination of a patient in the patient's medical history file. 481
723	723	(f)(e) Rules relating to the abortion procedure. At a 482
724	724	minimum, these rules shall require: 483
725	725	1. That a physician, registered nurse, licensed practical 484
726	726	nurse, advanced practice registered nurse, or physician 485
727	727	assistant is available to all patients throughout the abortion 486
728	728	procedure. 487
729	729	2. Standards for the safe conduct of abortion procedures 488
730	730	that conform to obstetric standards in keeping with established 489
731	731	standards of care regarding the estimation of fetal age as 490
732	732	defined in rule. 491
733	733	3. Appropriate use of general and local anesthesia, 492
734	734	analgesia, and sedation if ord ered by the physician. 493
735	735	4. Appropriate precautions, such as the establishment of 494
736	736	intravenous access at least for patients undergoing post -first 495
737	737	trimester abortions. 496
738	738	5. Appropriate monitoring of the vital signs and other 497
739	739	defined signs and markers of the patient's status throughout the 498
740	740	abortion procedure and during the recovery period until the 499
741	741	patient's condition is deemed to be stable in the recovery room. 500
742	742
743	743	HB 1519 2024
744	744
745	745
746	746
747	747	CODING: Words stricken are deletions; words underlined are additions.
748	748	hb1519-00
749	749	Page 21 of 31
750	750	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
751	751
752	752
753	753
754	754	(g)(f) Rules that prescribe minimum recovery room 501
755	755	standards. At a minimum, these rules must requi re that: 502
756	756	1. Postprocedure recovery rooms be supervised and staffed 503
757	757	to meet the patients' needs. 504
758	758	2. Immediate postprocedure care consist of observation in 505
759	759	a supervised recovery room for as long as the patient's 506
760	760	condition warrants. 507
761	761	3. A registered nurs e, licensed practical nurse, advanced 508
762	762	practice registered nurse, or physician assistant who is trained 509
763	763	in the management of the recovery area and is capable of 510
764	764	providing basic cardiopulmonary resuscitation and related 511
765	765	emergency procedures remain on the pre mises of the abortion 512
766	766	clinic until all patients are discharged. 513
767	767	4. A physician sign the discharge order and be readily 514
768	768	accessible and available until the last patient is discharged to 515
769	769	facilitate the transfer of emergency cases if hospitalization of 516
770	770	the patient or viable fetus is necessary. 517
771	771	5. A physician discuss Rho(D) immune globulin with each 518
772	772	patient for whom it is indicated and ensure that it is offered 519
773	773	to the patient in the immediate postoperative period or will be 520
774	774	available to her within 72 hours a fter completion of the 521
775	775	abortion procedure. If the patient refuses the Rho(D) immune 522
776	776	globulin, she and a witness must sign a refusal form approved by 523
777	777	the agency which must be included in the medical record. 524
778	778	6. Written instructions with regard to postabortion 525
779	779
780	780	HB 1519 2024
781	781
782	782
783	783
784	784	CODING: Words stricken are deletions; words underlined are additions.
785	785	hb1519-00
786	786	Page 22 of 31
787	787	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
788	788
789	789
790	790
791	791	coitus, signs of possible problems, and general aftercare which 526
792	792	are specific to the patient be given to each patient. The 527
793	793	instructions must include information regarding access to 528
794	794	medical care for compli cations, including a telephone number for 529
795	795	use in the event of a medical emergency. 530
796	796	7. A minimum length of time be specified, by type of 531
797	797	abortion procedure and duration of gestation, during which a 532
798	798	patient must remain in the recovery room. 533
799	799	8. The physician ensure that, with the patient's consent, 534
800	800	a registered nurse, licensed practical nurse, advanced practice 535
801	801	registered nurse, or physician assistant from the abortion 536
802	802	clinic makes a good faith effort to contact the patient by 537
803	803	telephone within 24 hours aft er surgery to assess the patient's 538
804	804	recovery. 539
805	805	9. Equipment and services be readily accessible to provide 540
806	806	appropriate emergency resuscitative and life support procedures 541
807	807	pending the transfer of the patient or viable fetus to the 542
808	808	hospital. 543
809	809	(h)(g) Rules that prescribe standards for follow-up 544
810	810	followup care. At a minimum, these rules shall require that: 545
811	811	1. A postabortion medical visit that includes a medical 546
812	812	examination and a review of the results of all laboratory tests 547
813	813	is offered. 548
814	814	2. A urine pregnancy t est is obtained at the time of the 549
815	815	followup visit to rule out continuing pregnancy. 550
816	816
817	817	HB 1519 2024
818	818
819	819
820	820
821	821	CODING: Words stricken are deletions; words underlined are additions.
822	822	hb1519-00
823	823	Page 23 of 31
824	824	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
825	825
826	826
827	827
828	828	3. If a continuing pregnancy is suspected, the patient 551
829	829	shall be evaluated and a physician who performs abortions shall 552
830	830	be consulted. 553
831	831	(i)(h) Rules to prescribe minimum a bortion clinic incident 554
832	832	reporting. At a minimum, these rules shall require that: 555
833	833	1. The abortion clinic records each incident that results 556
834	834	in serious injury to a patient or a viable fetus at an abortion 557
835	835	clinic and shall report an incident in writing to t he agency 558
836	836	within 10 days after the incident occurs. For the purposes of 559
837	837	this paragraph, "serious injury" means an injury that occurs at 560
838	838	an abortion clinic and that creates a serious risk of 561
839	839	substantial impairment of a major bodily organ. 562
840	840	2. If a patient's death occurs, other than a fetal death 563
841	841	properly reported pursuant to law, the abortion clinic reports 564
842	842	it to the department not later than the next department workday. 565
843	843	Section 6. Section 390.031, Florida Statutes, is created 566
844	844	to read: 567
845	845	390.031 Termination of pregnancies. — 568
846	846	(1)(a) Notwithstanding any other law to the contrary, a 569
847	847	person or an entity may not purposely perform or attempt to 570
848	848	perform an abortion except to save the life of a pregnant woman 571
849	849	in a medical emergency. Attempting to perform an abo rtion 572
850	850	includes: 573
851	851	1. A foreign sender knowingly mailing or sending by common 574
852	852	carrier an abortifacient to an address in this state or to a 575
853	853
854	854	HB 1519 2024
855	855
856	856
857	857
858	858	CODING: Words stricken are deletions; words underlined are additions.
859	859	hb1519-00
860	860	Page 24 of 31
861	861	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
862	862
863	863
864	864
865	865	person in this state. 576
866	866	2. A person or an entity knowingly disseminating an 577
867	867	abortifacient in this state without a vali d prescription. 578
868	868	3. A person or an entity intentionally placing an 579
869	869	abortifacient into the stream of commerce when the person or 580
870	870	entity knows that the abortifacient is substantially likely to 581
871	871	be used in this state or mailed or sent by common carrier to an 582
872	872	address in this state. 583
873	873	(b) It is not a defense that a foreign sender did not know 584
874	874	or intend that an abortion would be performed. 585
875	875	(2)(a) Performing or attempting to perform an abortion is 586
876	876	a third degree felony, punishable as provided in s. 775.082, s. 587
877	877	775.083, or s. 775.084 with a mandatory term of imprisonment not 588
878	878	to exceed 10 years or with a fine not to exceed $100,000, or 589
879	879	both. 590
880	880	(b) This section does not authorize a woman to be charged 591
881	881	with or convicted of a criminal offense in the death of her own 592
882	882	unborn child. 593
883	883	(c) The following are affirmative defenses to any criminal 594
884	884	or other liabilities under this section: 595
885	885	1. A physician licensed in this state provides a medical 596
886	886	procedure or service for a legitimate medical reason to a 597
887	887	pregnant woman that results in the accidental or unintentional 598
888	888	physical injury to or death of the unborn child. 599
889	889	2. A pharmacy fills a valid prescription issued by a 600
890	890
891	891	HB 1519 2024
892	892
893	893
894	894
895	895	CODING: Words stricken are deletions; words underlined are additions.
896	896	hb1519-00
897	897	Page 25 of 31
898	898	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
899	899
900	900
901	901
902	902	physician licensed in this state. 601
903	903	(3) A pregnant woman who receives an abortifacient may 602
904	904	bring a civil action against another person or entity, including 603
905	905	a foreign sender, that knowingly or intentionally performs or 604
906	906	attempts to perform an abortion in violation of this section. 605
907	907	(a) If a claimant prevails in an action brought under this 606
908	908	section, the court shall award: 607
909	909	1. Injunctive relief that requires the defendant to comply 608
910	910	with this section. 609
911	911	2. Damages of $10,000 for each abortion that the person, 610
912	912	entity, or foreign sender knowingly and intentionally performed 611
913	913	or attempted to perform. 612
914	914	3. Attorney fees and costs. 613
915	915	(b) A person may bring an action under this section up to 614
916	916	3 years after the date the cause of action accrues or up to 1 615
917	917	year after the lifting or expiration of any stay, injunction, or 616
918	918	temporary restraining order which was put in place less tha n 3 617
919	919	years after the date the cause of action accrued, whichever is 618
920	920	later. 619
921	921	(c) Notwithstanding any other law to the contrary, a court 620
922	922	may not award attorney fees or costs to a defendant in a civil 621
923	923	action brought under this section. 622
924	924	(d) A civil action brought under this section is in 623
925	925	addition to and does not impair the rights or remedies of the 624
926	926	plaintiff in other causes of action in law or equity. 625
927	927
928	928	HB 1519 2024
929	929
930	930
931	931
932	932	CODING: Words stricken are deletions; words underlined are additions.
933	933	hb1519-00
934	934	Page 26 of 31
935	935	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
936	936
937	937
938	938
939	939	(4) If any provision of this section or its application to 626
940	940	any particular person or circumstance is held invalid, that 627
941	941	provision or its application is severable and does not affect 628
942	942	the validity of other provisions or applications of this 629
943	943	section. 630
944	944	Section 7. Paragraph (s) of subsection (2) of section 631
945	945	409.815, Florida Statutes, is amended to read: 632
946	946	409.815 Health benefits coverage; limitations. — 633
947	947	(2) BENCHMARK BENEFITS. —In order for health benefits 634
948	948	coverage to qualify for premium assistance payments for an 635
949	949	eligible child under ss. 409.810 -409.821, the health benefits 636
950	950	coverage, except for coverage under Med icaid and Medikids, must 637
951	951	include the following minimum benefits, as medically necessary. 638
952	952	(s) Exclusions.— 639
953	953	1. Experimental or investigational procedures that have 640
954	954	not been clinically proven by reliable evidence are excluded; 641
955	955	2. Services performed for cosmetic purposes only or for 642
956	956	the convenience of the enrollee are excluded; and 643
957	957	3. Abortion may be covered only if necessary to save the 644
958	958	life of the mother or if the pregnancy is the result of an act 645
959	959	of rape or incest. 646
960	960	Section 8. Subsection (1) of se ction 627.64995, Florida 647
961	961	Statutes, is amended to read: 648
962	962	627.64995 Restrictions on use of state and federal funds 649
963	963	for state exchanges. — 650
964	964
965	965	HB 1519 2024
966	966
967	967
968	968
969	969	CODING: Words stricken are deletions; words underlined are additions.
970	970	hb1519-00
971	971	Page 27 of 31
972	972	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
973	973
974	974
975	975
976	976	(1) A health insurance policy under which coverage is 651
977	977	purchased in whole or in part with any state or federal funds 652
978	978	through an exchange created pursuant to the federal Patient 653
979	979	Protection and Affordable Care Act, Pub. L. No. 111 -148, may not 654
980	980	provide coverage for an abortion as defined in s. 390.011 s. 655
981	981	390.011(1), except if the pregnancy is a the result of an act of 656
982	982	rape or incest, or in the case in which where a woman suffers 657
983	983	from a physical disorder, physical injury, or physical illness, 658
984	984	including a life-endangering physical condition caused by or 659
985	985	arising from the pregnancy itself, which would, as certified by 660
986	986	a physician, place the woman in danger of death unless an 661
987	987	abortion is performed. Coverage is deemed to be purchased with 662
988	988	state or federal funds if any tax credit or cost -sharing credit 663
989	989	is applied toward the health insurance policy. 664
990	990	Section 9. Paragraph (a) of subs ection (16) of section 665
991	991	627.6699, Florida Statutes, is amended to read: 666
992	992	627.6699 Employee Health Care Access Act. — 667
993	993	(16) RESTRICTIONS ON COVERAGE. — 668
994	994	(a) A plan under which coverage is purchased in whole or 669
995	995	in part with any state or federal funds through an exchange 670
996	996	created pursuant to the federal Patient Protection and 671
997	997	Affordable Care Act, Pub. L. No. 111 -148, may not provide 672
998	998	coverage for an abortion, as defined in s. 390.011 s. 673
999	999	390.011(1), except if the pregnancy is a the result of an act of 674
1000	1000	rape or incest, or in the case in which where a woman suffers 675
1001	1001
1002	1002	HB 1519 2024
1003	1003
1004	1004
1005	1005
1006	1006	CODING: Words stricken are deletions; words underlined are additions.
1007	1007	hb1519-00
1008	1008	Page 28 of 31
1009	1009	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
1010	1010
1011	1011
1012	1012
1013	1013	from a physical disorder, physical injury, or physical illness, 676
1014	1014	including a life-endangering physical condition caused by or 677
1015	1015	arising from the pregnancy itself, which would, as certified by 678
1016	1016	a physician, place the woman in danger of death unless an 679
1017	1017	abortion is performed. Coverage is deemed to be purchased with 680
1018	1018	state or federal funds if any tax credit or cost -sharing credit 681
1019	1019	is applied toward the plan. 682
1020	1020	Section 10. Subsection (1) of section 627.66996, Florid a 683
1021	1021	Statutes, is amended to read: 684
1022	1022	627.66996 Restrictions on use of state and federal funds 685
1023	1023	for state exchanges. — 686
1024	1024	(1) A group, franchise, or blanket health insurance policy 687
1025	1025	under which coverage is purchased in whole or in part with any 688
1026	1026	state or federal funds through an exchange created pursuant to 689
1027	1027	the federal Patient Protection and Affordable Care Act, Pub. L. 690
1028	1028	No. 111-148, may not provide coverage for an abortion as defined 691
1029	1029	in s. 390.011 s. 390.011(1), except if the pregnancy is a the 692
1030	1030	result of an act of r ape or incest, or in the case in which 693
1031	1031	where a woman suffers from a physical disorder, physical injury, 694
1032	1032	or physical illness, including a life -endangering physical 695
1033	1033	condition caused by or arising from the pregnancy itself, which 696
1034	1034	would, as certified by a phys ician, place the woman in danger of 697
1035	1035	death unless an abortion is performed. Coverage is deemed to be 698
1036	1036	purchased with state or federal funds if any tax credit or cost -699
1037	1037	sharing credit is applied toward the group, franchise, or 700
1038	1038
1039	1039	HB 1519 2024
1040	1040
1041	1041
1042	1042
1043	1043	CODING: Words stricken are deletions; words underlined are additions.
1044	1044	hb1519-00
1045	1045	Page 29 of 31
1046	1046	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
1047	1047
1048	1048
1049	1049
1050	1050	blanket health insurance policy. 701
1051	1051	Section 11. Subsection (1) of section 641.31099, Florida 702
1052	1052	Statutes, is amended to read: 703
1053	1053	641.31099 Restrictions on use of state and federal funds 704
1054	1054	for state exchanges. — 705
1055	1055	(1) A health maintenance contract under which coverage is 706
1056	1056	purchased in whole or in part with any state or federal funds 707
1057	1057	through an exchange created pursuant to the federal Patient 708
1058	1058	Protection and Affordable Care Act, Pub. L. No. 111 -148, may not 709
1059	1059	provide coverage for an abortion as defined in s. 390.011 s. 710
1060	1060	390.011(1), except if the pregnan cy is a the result of an act of 711
1061	1061	rape or incest, or in the case in which where a woman suffers 712
1062	1062	from a physical disorder, physical injury, or physical illness, 713
1063	1063	including a life-endangering physical condition caused by or 714
1064	1064	arising from the pregnancy itself, wh ich would, as certified by 715
1065	1065	a physician, place the woman in danger of death unless an 716
1066	1066	abortion is performed. Coverage is deemed to be purchased with 717
1067	1067	state or federal funds if any tax credit or cost -sharing credit 718
1068	1068	is applied toward the health maintenance con tract. 719
1069	1069	Section 12. Paragraph (d) of subsection (5) of section 720
1070	1070	775.021, Florida Statutes, is amended to read: 721
1071	1071	775.021 Rules of construction. — 722
1072	1072	(5) Whoever commits an act that violates a provision of 723
1073	1073	this code or commits a criminal offense defined by another 724
1074	1074	statute and thereby causes the death of, or bodily injury to, an 725
1075	1075
1076	1076	HB 1519 2024
1077	1077
1078	1078
1079	1079
1080	1080	CODING: Words stricken are deletions; words underlined are additions.
1081	1081	hb1519-00
1082	1082	Page 30 of 31
1083	1083	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
1084	1084
1085	1085
1086	1086
1087	1087	unborn child commits a separate offense if the provision or 726
1088	1088	statute does not otherwise specifically provide a separate 727
1089	1089	offense for such death or injury to an unborn child. 728
1090	1090	(d) This subsection does not permit the prosecution: 729
1091	1091	1. Of any person for conduct relating to an abortion for 730
1092	1092	which the consent of the pregnant woman, or a person authorized 731
1093	1093	by law to act on her behalf, has been obtained or for which such 732
1094	1094	consent is implied by la w or an abortion performed in compliance 733
1095	1095	with s. 390.031; 734
1096	1096	2. Of a person for providing medical treatment of the 735
1097	1097	pregnant woman or her unborn child; or 736
1098	1098	3. Of a woman with respect to her unborn child. 737
1099	1099	Section 13. This act shall take effect 30 days after any 738
1100	1100	of the following occurs: a decision by the Florida Supreme Court 739
1101	1101	holding that the right to privacy enshrined in s. 23, Article I 740
1102	1102	of the State Constitution does not include a right to abortion; 741
1103	1103	a decision by the Florida Supreme Court in Planned Parenthood v. 742
1104	1104	State, SC2022-1050, allowing the prohibition on abortions after 743
1105	1105	15 weeks in s. 390.0111(1), Florida Statutes, to remain in 744
1106	1106	effect, including a decision approving, in whole or in part, the 745
1107	1107	First District Court of Appeal's decision under review or a 746
1108	1108	decision discharging jurisdiction; an amendment to the State 747
1109	1109	Constitution clarifying that s. 23, Article I of the State 748
1110	1110	Constitution does not include a right to abortion; or a decision 749
1111	1111	by the Florida Supreme Court after March 7, 2023, receding, in 750
1112	1112
1113	1113	HB 1519 2024
1114	1114
1115	1115
1116	1116
1117	1117	CODING: Words stricken are deletions; words underlined are additions.
1118	1118	hb1519-00
1119	1119	Page 31 of 31
1120	1120	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
1121	1121
1122	1122
1123	1123
1124	1124	whole or in part, from In re T.W., 551 So. 2d 1186 (Fla. 1989), 751
1125	1125	North Fla. Women's Health v. State , 866 So. 2d 612 (Fla. 2003), 752
1126	1126	or Gainesville Woman Care, LLC v. State , 210 So. 3d 1243 (Fla. 753
1127	1127	2017), except for thi s section, which shall take effect upon 754
1128	1128	becoming a law. 755