SB 734

            
       Florida Senate - 2020                                     SB 734
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-00879-20                                            2020734__
    1                        A bill to be entitled                      
    2         An act relating to termination of pregnancy; amending
    3         s. 390.0111, F.S.; prohibiting termination of
    4         pregnancy based on a test result, diagnosis, or other
    5         reason for believing that the fetus has Down syndrome;
    6         providing an exception; providing the pregnant woman
    7         immunity from prosecution for such abortion;
    8         subjecting a physician to disciplinary action for
    9         performing such abortion; amending s. 390.0112, F.S.;
   10         requiring a physician to report specified information
   11         for each abortion performed to the Agency for Health
   12         Care Administration; deleting obsolete language;
   13         providing for severability; providing an effective
   14         date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Present subsections (6) through (15) of section
   19  390.0111, Florida Statutes, are redesignated as subsections (7)
   20  through (16), respectively, a new subsection (6) is added to
   21  that section, and present subsection (10) of that section is
   22  amended, to read:
   23         390.0111 Termination of pregnancies.—
   24         (6) TERMINATION BASED ON DOWN SYNDROME; PROHIBITION;
   25  EXCEPTION.—
   26         (a) No termination of pregnancy shall be performed on any
   27  human being if the physician has knowledge that the pregnant
   28  woman is seeking the abortion, in whole or in part, because of
   29  any of the following:
   30         1. A test result indicating that the fetus has Down
   31  syndrome, as defined in s. 393.063(15);
   32         2. A prenatal diagnosis of Down syndrome in the fetus; or
   33         3. Any other reason to believe that a fetus has Down
   34  syndrome.
   35         (b) This subsection does not apply to an abortion that is
   36  necessary to save the life of a mother whose life is endangered
   37  by a physical disorder, illness, or injury, provided that no
   38  other medical procedure would suffice for that purpose.
   39         (c) A woman upon whom an abortion is performed may not be
   40  prosecuted under this subsection for a conspiracy to violate the
   41  provisions of this subsection.
   42         (d) A physician who violates this subsection is subject to
   43  disciplinary action under s. 458.331 or s. 459.015, as
   44  applicable, including, but not limited to, revocation of
   45  licensure.
   46         (11)(10) PENALTIES FOR VIOLATION.—Except as provided in
   47  subsections (3), (8)(7), and (13)(12):
   48         (a) Any person who willfully performs, or actively
   49  participates in, a termination of pregnancy in violation of the
   50  requirements of this section or s. 390.01112 commits a felony of
   51  the third degree, punishable as provided in s. 775.082, s.
   52  775.083, or s. 775.084.
   53         (b) Any person who performs, or actively participates in, a
   54  termination of pregnancy in violation of this section or s.
   55  390.01112 which results in the death of the woman commits a
   56  felony of the second degree, punishable as provided in s.
   57  775.082, s. 775.083, or s. 775.084.
   58         Section 2. Subsection (1) of section 390.0112, Florida
   59  Statutes, is amended to read:
   60         390.0112 Termination of pregnancies; reporting.—
   61         (1) The director of any medical facility in which abortions
   62  are performed, including a physicians office, shall submit a
   63  report each month to the agency. The report may be submitted
   64  electronically, may not include personal identifying
   65  information, and must include:
   66         (a) Information consistent with the United States Standard
   67  Report of Induced Termination of Pregnancy adopted by the
   68  Centers for Disease Control and Prevention Until the agency
   69  begins collecting data under paragraph (e), the number of
   70  abortions performed.
   71         (b) The reasons such abortions were performed.
   72         (c) For each abortion, the period of gestation at the time
   73  the abortion was performed.
   74         (d) The number of infants born alive or alive immediately
   75  after an attempted abortion.
   76         (e) For each abortion performed, the physicians
   77  attestation that he or she did not have knowledge that the
   78  pregnant woman was seeking the abortion, in whole or in part,
   79  because of any of the following:
   80         1. A test result indicating that the fetus had Down
   81  syndrome, as defined in s. 393.063(15);
   82         2. A prenatal diagnosis of Down syndrome in the fetus; or
   83         3. Any other reason to believe that the fetus had Down
   84  syndrome Beginning no later than January 1, 2017, Information
   85  consistent with the United States Standard Report of Induced
   86  Termination of Pregnancy adopted by the Centers for Disease
   87  Control and Prevention.
   88         Section 3. If any provision of this act or its application
   89  to any person or circumstance is held invalid, the invalidity
   90  does not affect other provisions or applications of this act
   91  which can be given effect without the invalid provision or
   92  application, and to this end the provisions of this act are
   93  severable.
   94         Section 4. This act shall take effect July 1, 2020.