Florida Pain-Capable Unborn Child Protection Act (SB 348)

SB 348 would ban abortions at 20 weeks post-fertilization unless an abortion is necessary to prevent a serious health risk to the pregnant patient.

The ban would not apply if the pregnancy results from rape or incest.

The bill includes legislative findings based on junk science that a fetus can feel pain at 20 weeks.

Except in the case of a medical emergency, the bill would prohibit an abortion from being performed or induced, or be attempted to be performed or induced, unless the physician performing or inducing, or attempting to perform or induce, the abortion has first made a determination of the probable post-fertilization age of the “unborn child” or relied upon such a determination made by another physician.

If an abortion at 20 weeks or more is necessary to prevent a serious health risk to the pregnant patient, the physician would be required to terminate the pregnancy through or by the method which, provides the best opportunity for the “unborn child” to survive, unless such a manner would pose a more serious health risk to the pregnant patient.

A person who intentionally or recklessly performs or induces or attempts to perform or induce an abortion in violation of this provision would be committing a felony of the third degree.

Any parent of the “unborn child” may maintain a civil action for actual and punitive damages against the person who performed or induced the abortion.

Reporting Requirements

Beginning January 1, 2018, a physician who provides abortion services would need to report all of the following:

• The probable post-fertilization age of the “unborn child” and whether ultrasound was employed in making the determination, and, if a determination of probable post-fertilization age was not made, the basis of the determination that a medical emergency existed;
• The method of abortion;
• Whether an intra-fetal injection was used;
• The age and race of the pregnant patient;
• The basis of determination that the pregnancy was a serious health risk to the pregnant patient if the post-fertilization age of the “unborn child” was 20 weeks or more; and
• If an abortion is necessary to prevent a serious health risk, whether the method used was the method that provided the best opportunity for the “unborn child” to survive.

The Health Department would then be required to publish an annual statistical summary of all the reports for that year.

The department would be authorized to assess a late fee of $1,000 for each 30-day period that a report is overdue.

Litigation Defense Fund

The bill would also establish a special fund known as the “Florida Pain-Capable Unborn Child Protection Act Litigation Account,” for the purpose of providing funds to pay for any costs and expenses incurred by the state in relation to defending this law.

If passed, the law would take effect July 1, 2017.

Related Legislation

Based on model legislation drafted by the National Right to Life Committee.

Linked to SB 342, a proposed FOIA abortion report exemption.

Similar to HB 203.

Related to HB 215, a proposed FOIA abortion report exemption.

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People

Organizations

• National Right to Life Committee — Drafted Model Law