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Florida ‘Parental Notice of and Consent for Abortion Act’ (SB 404)

This law was last updated on Jun 30, 2020


This law is Anti–Choice

State

Florida

Number

SB 0404

Status

Adopted

Proposed

Jan 14, 2019

Topics

Parental Involvement

Full Bill Text

legiscan.com

SB 404 prohibits a physician from performing an abortion on a minor unless the physician gets consent from a parent or legal guardian.

Notice & Consent Requirements

Permission must come in the form of a notarized, written consent statement and include an attached proof of identification by the parent or guardian.

The consent requirement is waived under the following circumstances:

  • The abortion is performed during a medical emergency when there is insufficient time to obtain consent;
  • The parent or guardian has waived the right to consent; or
  • The minor petitions the circuit court where she resides and receives a judicial waiver of parental consent.

The consent document and proof of identification must be kept in the minor’s medical record for five years after the minor turns 18 and for at least seven years in any event.

Penalties

Any physician who performs or attempts to perform an abortion on an unemancipated minor without obtaining consent is a third degree felony. However, a physician can argue as a defense that the minor misrepresented her age or identity.

The bill also raises the penalty against physicians for violating requirements for infants born alive during or immediately after an attempted abortion from a first degree misdemeanor to a third degree felony.

Related Legislation

HB 265

Latest Action

3/30/2019 Filed

2/20/2020 Passed in House

2/26/2020 Ordered enrolled

6/16/2020 Signed by Officers and sent to Governor for signature

People

Primary Sponsors
Kelli Stargel Senate Rules Committee, Senate Health Policy Committee