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
HB 1519 2024
1 A bill to be entitled
2 An act relating to termination of pregnancies;
3 amending s. 390.011, F.S.; revising and providing
4 definitions; amending s. 390.0111, F.S.; authorizing
5 the use of public funds for abortions only under a
6 specified circumstance; amending s. 390.01114, F.S.;
7 providing requirements for a termination of pregnancy
8 for a minor; revising requirements for a court to
9 issue an order authorizing a minor to consent to such
10 termination; amending s. 390.0112, F.S.; revising
11 reporting requirements for certain facilities;
12 amending s. 390.012, F.S.; revising rulemaking
13 requirements; creating s. 390.031, F.S.; prohibiting a
14 person or an entity from purposely performing or
15 attempting to perform an abortion; providing an
16 exception; providing for penalties, liability, civil
17 remedies, and severability; amending ss. 409.815,
18 627.64995, 627.6699, 627.66996, 641.31099, and
19 775.021, F.S.; conforming provisions and cross-
20 references to changes made by the act; providing
21 effective dates.
22
23 WHEREAS, the right to life for all natural persons is
24 protected by s. 2, Art. I of the State Constitution and the
25 Fifth and Fourteenth Amendments to the United States
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26 Constitution, and
27 WHEREAS, there is no distinction between natural unborn
28 persons and natural born persons, and
29 WHEREAS, scientific advancements in human embryology have
30 shown that a person exists from the moment of fertilization at
31 Carnegie Stage 1a, and
32 WHEREAS, denying personhood for any stage past
33 fertilization is a denial of rights guaranteed in the State
34 Constitution and the United States Constitution, and
35 WHEREAS, a person is vested with all the rights of
36 personhood protected by the State Constitution and the United
37 States Constitution at the moment of fertilization, and
38 WHEREAS, the United States Supreme Court has previously
39 committed grave injustices and crimes against humanity by
40 denying personhood to African Americans in the Dred Scott
41 decision; upholding the separate but equal doctrine in Plessy v.
42 Ferguson, which withdrew legal protection from African
43 Americans; and inventing a right to abortion, which withdrew
44 legal protection from unborn children who are considered persons
45 under the United States Constitution, and
46 WHEREAS, a crime against humanity occurs when a government
47 withdraws legal protection from a group of persons which results
48 in the severe deprivation of rights, up to and including death,
49 and
50 WHEREAS, state-sanctioned abortion is a crime against
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51 humanity which results in the severe deprivation of the rights
52 of women and infants, up to and including death, and
53 WHEREAS, the unjust decisions of Dred Scott, Plessy v.
54 Ferguson, and Roe v. Wade have now been overturned, and
55 WHEREAS, state legislatures may extend legal prote ction to
56 unborn children and end the abortion crime against humanity in
57 their states, and
58 WHEREAS, as of September 25, 2023, more than 500,000 people
59 nationally and more than 32,000 Floridians have signed "The
60 Moral Outcry" petition to end abortion in all 50 states, and
61 WHEREAS, unborn minority children are affected at a
62 disproportionately higher rate than their representation in the
63 general population, and
64 WHEREAS, scientific evidence and personal testimonies
65 demonstrate the massive harm that an abortion causes women as
66 documented in the sworn affidavits of Florida women, and
67 WHEREAS, scientific advances in embryology have
68 demonstrated that life begins at Carnegie Stage 1a, the moment
69 of fertilization, and that a human embryo is a person, and
70 WHEREAS, safe haven laws in this state allow a woman to
71 eliminate any parenting burden immediately after her child is
72 born, and
73 WHEREAS, public attitudes favoring adoption have created a
74 culture of adoption in the United States, with as many as 2
75 million families nationally waiting long periods of time to
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76 adopt newborn infants, such that infants placed for adoption or
77 surrendered will have an adoptive family waiting, NOW,
78 THEREFORE,
79
80 Be It Enacted by the Legislature of the State of Florida:
81
82 Section 1. Section 390.011, Florida Statutes, is amended
83 to read:
84 390.011 Definitions.—As used in this chapter, the term:
85 (1) "Abortifacient" means any drug, medicine, substance,
86 chemical, or means used to cause an abortion which:
87 (a) Requires a prescription based on FDA guidelines; or
88 (b) Is not approved by the FDA and is primarily used to
89 cause an abortion.
90 (2)(1) "Abortion" means the act of using, prescribing,
91 administering, procuring, or selling any instrument, medicine,
92 drug, or other substance, or any surgical or nonsurgical means,
93 to terminate the pregnancy of a woman with the knowledge that
94 the termination of the pregnancy by any of these means is
95 reasonably likely to cause the death of the unborn child the
96 termination of human pregnancy with an intention other than to
97 produce a live birth or to remove a dead fetus.
98 (3)(2) "Abortion clinic" or "clinic" means any facility in
99 which abortions are performed. The term does not include:
100 (a) A hospital; or
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101 (b) A physician's office, provided that the office is not
102 used primarily for the performance of abortions.
103 (4)(3) "Agency" means the Agency for Health Care
104 Administration.
105 (5)(4) "Born alive" means the complete expulsion or
106 extraction from the mother of a human infant, at any stage of
107 development, who, after such expulsion or extraction, breathes
108 or has a beating heart, or definite and voluntary movement of
109 muscles, regardless of whether the umbilical cord has been cut
110 and regardless of whether the expulsion or extraction occurs as
111 a result of natural or induced labor, caesarean section, induced
112 abortion, or other method.
113 (6)(5) "Department" means the Department of Health.
114 (7)(6) "Fatal fetal abnormality" means a terminal
115 condition that, in reasonable medical judgment, regardless of
116 the provision of life-saving medical treatment, is incompatible
117 with life outside the womb and will result in death upon birth
118 or imminently thereafter.
119 (8) "Fertilization" has the same meaning as in s. 742.13.
120 (9) "Foreign sender" means a person or an entity that:
121 (a) Mails or sends by common carrier an abortifacient to
122 an address in this state or to a person in this state;
123 (b) Intentionally places an abortifacient into the stream
124 of commerce when the person or entity knows that the
125 abortifacient is substantially likely to be used in this state
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126 or mailed or sent by common carrier to an address in this state
127 or to a person in this state; or
128 (c) Knowingly prescribes an abortifacient to a person in
129 this state, regardless of whether the prescriber was in this
130 state or knew the recipient was in this state.
131 (10)(7) "Gestation" means the development of a human
132 embryo or fetus as calculated from the first day of the pregnant
133 woman's last menstrual period.
134 (11)(8) "Hospital" means a facility as defined in s.
135 395.002(12) and licensed under chapter 395 and part II of
136 chapter 408.
137 (12)(9) "Medical abortion" means the administration or use
138 of an abortion-inducing drug to induce an abortion.
139 (13) "Medical emergency" means an emergent physical
140 condition in which an abortion is necessary to preserve the life
141 of a pregnant woman whose life is endangered by a physical
142 disorder, physical illness, or physical injury, including a
143 life-endangering physical condition caused by or arising from
144 the pregnancy itself.
145 (14)(10) "Partial-birth abortion" means a termination of
146 pregnancy in which the physician performing the termination of
147 pregnancy partially vaginally delivers a living fetus before
148 killing the fetus and completing the delivery.
149 (15) "Person" means an individual, including an unborn
150 child beginning at the moment of fertilization, entitled to
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151 rights recognized by the State Constitution and the United
152 States Constitution.
153 (16)(11) "Physician" means a physician licensed under
154 chapter 458 or chapter 459 or a physician practicing medicine or
155 osteopathic medicine in the employment of the United States.
156 (17) "Pregnancy" means the period of time from
157 fertilization until birth.
158 (18)(12) "Reasonable medical judgment" means a medical
159 judgment that would be made by a reasonably prudent physician,
160 knowledgeable about the case and the treatment possibilities
161 with respect to the medical conditions involved.
162 (19)(13) "Standard medical measure" means the medical care
163 that a physician would provide based on the particular facts of
164 the pregnancy, the information available to the physician, and
165 the technology reasonably available in a hospital, as defined in
166 s. 395.002, with an obstetrical department, to preserve the life
167 and health of the fetus, with or without temporary artificial
168 life-sustaining support, if the fetus were born at the same
169 stage of fetal development.
170 (20)(14) "Trimester" means one of the following three
171 distinct periods of time in the duration of a pregnancy:
172 (a) "First trimester," which is the period of time from
173 fertilization through the end of the 11th week of gestation.
174 (b) "Second trimester," which is the period of time from
175 the beginning of the 12th week of gestation through the end of
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176 the 23rd week of gestation.
177 (c) "Third trimester," which is the period of time from
178 the beginning of the 24th week of gestation through birth.
179 (21)(15) "Viable" or "viability" means the stage of fetal
180 development when the life of a fetus is sustainable outside the
181 womb through standard medical measures.
182 Section 2. Paragraph (a) of subsection (15) of section
183 390.0111, Florida Statutes, is amended to read:
184 390.0111 Termination of pregnancies.—
185 (15) USE OF PUBLIC FUNDS RESTRICTED.—A state agency, a
186 local governmental entity, or a managed care plan providing
187 services under part IV of chapter 409 may not expend funds for
188 the benefit of, pay funds to, or initiate or renew a contract
189 with an organization that owns, operates, or is affiliated with
190 one or more clinics that are licensed under this chapter and
191 perform abortions unless one or more of the following applies:
192 (a) All abortions performed by such clinics are:
193 1. On fetuses that are conceived through rape or incest;
194 or
195 2. Are medically necessary to preserve the life of the
196 pregnant woman or to avert a serious risk of substantial and
197 irreversible physical impairment of a major bodily function of
198 the pregnant woman, other than a psychological condition.
199 Section 3. Subsection (3), paragraph (b) of subsection
200 (4), paragraph (b) of subsection (5), and paragraphs (c) and (e)
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201 of subsection (6) of section 390.01114, Florida Statutes, are
202 amended to read:
203 390.01114 Parental Notice of and Consent for Abortion
204 Act.—
205 (3) TERMINATION OF THE PREGNANCY OF A MINOR PROHIBITED;
206 EXCEPTION.—A physician may only not perform or induce the
207 termination of a pregnancy of a minor to save the life of the
208 pregnant minor in a medical emergency. unless The physician must
209 comply has complied with the notice and consent requirements of
210 this section.
211 (4) NOTIFICATION REQUIRED.—
212 (b) Notice is not required if:
213 1. In the physician's good faith clinical judgment, a
214 medical emergency exists and there is insufficient time for the
215 attending physician to comply with the notification
216 requirements. If a medical emergency exists, the physician shall
217 make reasonable attempts, when