Bill > H0167

Introduced Session

An act relating to abortion; providing a short title; amending s. 390.011, F.S.; providing and revising definitions; amending s. 390.0111, F.S.; requiring a physician to conduct a test for, and inform a woman seeking an abortion of, the presence of a detectable fetal heartbeat; amending s. 390.01112, F.S.; conforming provisions to changes made by the act; creating s. 390.01113, F.S.; defining the term "standard medical practice"; requiring a physician to determine whether an unborn child has a detectable fetal heartbeat before performing or inducing an abortion; providing requirements for such determination; requiring that the physician record specified information in the pregnant woman's medical record; prohibiting a physician from knowingly performing or inducing an abortion if the physician detects a fetal heartbeat for an unborn child or fails to conduct a test to detect a fetal heartbeat; providing exceptions; providing certain requirements relating to documentation for physicians who believe a medical emergency exists; providing for private civil enforcement; prohibiting enforcement by certain persons and entities; providing construction; creating s. 390.01119, F.S.; requiring that a physician hb0167-00 HB 167 maintain certain written documentation under certain circumstances; requiring that such documentation include specified information; amending s. 390.012, F.S.; requiring that the Agency for Health Care Administration adopt certain rules; creating s. 390.027, F.S.; providing for a civil cause of action for violations of ch. 390, F.S., under certain circumstances; providing for civil remedies and damages; providing a certain exception; limiting the period during which a cause of action may be brought; providing venue; providing for an affirmative defense; providing a burden of proof for such defense; providing that a defendant does not have standing to assert the rights of women seeking an abortion as a defense; providing exceptions; providing that an affirmative defense is not available under certain circumstances; prohibiting a court from finding an undue burden under certain circumstances; prohibiting certain entities and persons from intervening in certain civil actions; authorizing such entities and persons to file amicus curiae briefs in such actions; prohibiting the award of attorney fees or costs to a defendant in certain civil actions; providing construction; creating s. 390.028, F.S.; providing that certain entities and persons are liable to pay hb0167-00 HB 167 attorney fees and costs to the prevailing party in actions challenging abortion laws; providing construction for abortion laws; providing for severability; providing that the state, a political subdivision, and each officer and employee of the state or a political subdivision have certain immunities in any action challenging abortion laws; providing construction; providing legislative intent; providing requirements for severability; prohibiting a court from declining to enforce the severability requirements; requiring the Department of Health or the Agency for Health Care Administration, as applicable, to adopt rules enforcing such requirements and issue notice of the rules within a specified period under certain circumstances; authorizing a person to petition for a writ of mandamus requiring the department or agency, as applicable, to adopt rules if either fails to adopt the rules and issue notice; providing an effective date. WHEREAS, a fetal heartbeat is a key medical predictor that an unborn child will reach live birth, and WHEREAS, cardiac activity begins at a biologically identifiable moment in time, normally when the fetal heart is formed in the gestational sac, and hb0167-00 HB 167 WHEREAS, the State of Florida has a compelling interest from the outset of a woman's pregnancy in protecting the health of the woman and the life of the unborn child, and WHEREAS, in order to make an informed choice about whether to continue her pregnancy, the pregnant woman has a compelling interest in knowing the likelihood of her unborn child surviving to full-term birth based upon the presence of cardiac activity, NOW, THEREFORE,

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Webster Barnaby (R)*, 

Died in Professions & Public Health Subcommittee (on 03/14/2022)

Official Document