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Florida Legislature 2005 (click for ongoing coverage)

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Two abortion measures win committee approval

A Senate bill would require parental notification. A House proposal would require new clinic regulations.

TALLAHASSEE - Parents would have to be told when their daughters under 18 seek an abortion under one of two abortion measures approved Wednesday by legislative committees.

The other would spell out an array of regulations for abortion clinics, from rules for sterilizing equipment and training employees to requirements for having certain rooms and equipment.

Sponsors of that bill said it is aimed at making abortion clinics safe, noting they are not regulated as thoroughly as other health care facilities. But opponents said the bill singles out abortion clinics for extra regulation as a way to make it difficult for them to operate.

Both measures gained easy approval. The parental notice bill (SB 1908) must be heard in one more committee before reaching the full Senate. The measure adding regulations for abortion clinics (HB 1041) is headed to the House floor.

The Legislature is widely expected to pass a parental notice law because it voted last year for a proposed constitutional amendment to make such a law possible - and voters approved the ballot measure in November.

A 1999 parental notice law never took effect because of challenges from groups who argued it violated the privacy rights of girls.

Unlike the U.S. Constitution, the Florida Constitution specifically recognizes the privacy right of people. Citing that provision, the Florida Supreme Court threw out the 1999 law in the summer of 2003. But the change approved in November cleared the way for requiring parental notice.

While the measure won approval in the Senate Health Care Committee 7-2, a number of groups said they oppose it.

"The bill proceeds under a false premise, that the government can mandate communication within a dysfunctional family," said Larry Spalding, a lobbyist for the American Civil Liberties Union.

Some girls will not want their parents to know they're getting an abortion. "For many of these women, they're going to try self-help. Some will be critically injured for life; some will die," Spalding said.

The bill, sponsored by Sen. Paula Dockery, R-Lakeland, would require doctors to notify a parent of a girl seeking an abortion 48 hours before the procedure. An exception is provided for emergencies to save the life of the girl or prevent a "serious risk" of injury. Exceptions are also provided for girls who are married or already have a young child to raise.

Girls can also go to court to ask a judge to rule that they are mature enough to make the decision on their own, that they are the victims of abuse or that notifying their parents is not in their best interest.

[Last modified March 31, 2005, 01:27:20]