Florida Legislature Takes Actions On Abortion, Sex Education-Related Bills

Main Category: Abortion
Also Included In: Sexual Health / STDs;  Women's Health / Gynecology;  Pediatrics / Children's Health
Article Date: 04 Apr 2008 - 6:00 PDT

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Two antiabortion bills passed the Florida House Wednesday, the South Florida Sun-Sentinel reports (Hafenbrack, South Florida Sun-Sentinel, 4/3). The first bill (HB 257), approved by a 75-40 vote, would require that physicians perform ultrasounds on all women seeking abortions, the Miami Herald reports. A woman would be shown the ultrasound results unless she signs a form to turn down the option (Klas, Miami Herald, 4/3).

Florida already requires ultrasounds prior to second or third trimester abortions. Under the legislation, women would be required to pay for the ultrasounds. Experts testified that the cost of ultrasounds vary widely but often can be a few hundred dollars (South Florida Sun-Sentinel, 4/3). Supporters said the goal of the legislation is for women to be fully informed about the procedure, but opponents said the bill would erect another expensive barrier designed to deter women from seeking abortions. Some opponents said the bill might violate the 1992 Planned Parenthood v. Casey U.S. Supreme Court ruling, which held that states cannot place "undue burdens" on women's abortion rights (Bousquet, St. Petersburg Times, 4/2).

The measure also would require judges to assign special guardians, known as guardians ad litem, to minors seeking abortions (Daily Women's Health Policy Report, 3/25). Adrienne Kimmell, executive director of the Florida Association of Planned Parenthood Affiliates, said that the guardian requirement is a "disturbing concept" because there currently are not enough legal advocates to represent abused and neglected children in the state. A similar measure (SB 2400) is scheduled for consideration by a Senate committee next week (St. Petersburg Times, 4/2).

Unborn Victims of Violence Act

Under the second House-passed bill (HB 513), called the Florida Unborn Victims of Violence Act, the death of a fetus as a result of injury to a woman could lead to murder charges, regardless of the gestational age (AP/Bradenton Herald, 4/2). The bill defines an "unborn child" as "a member of the species homo sapiens, at any stage of development, who is carried in the womb." Current state law says that a person can be charged with murder for a violent act directed at a pregnant woman that leads to a miscarriage of a "viable fetus" that is "capable of meaningful life outside the womb through standard medical measures." The measure would amend the current law to allow for a defendant who does not know that the woman is pregnant or who does not intend to end the pregnancy to be prosecuted for additional charges (Daily Women's Health Policy Report, 3/14). Opponents of the bill have said it is an attempt to infringe on abortion rights by redefining when life begins in state law. The House passed the bill by an 80-36 vote (AP/First Coast News, 4/3).

Senate Panel Passes Comprehensive Sex Education Bill

In related news, a Florida Senate committee on Tuesday voted 4-3 to approve a measure (SB 848) that would require public schools to provide comprehensive sex education, the AP/Miami Herald reports. Public schools in the state currently are required to teach abstinence-only education (Kaczor, AP/Miami Herald, 4/1).

The measure would require schools to teach abstinence as "the only certain way to avoid pregnancy" or sexually transmitted infections. It also would require that starting in the sixth grade, sex education classes teach about the health benefits and side effects of contraceptives (Daily Women's Health Policy Report, 1/10). Teachers would be required to discuss condoms and other birth control methods, as well as STI prevention, under the measure.

Senate President Pro Tempore Lisa Carlton (R) joined the committee's three Democrats in approving the measure, while the committee's three other Republicans voted against it. According to the AP/Herald, the bill's chances of passing are "slim" because the state's legislative session is almost halfway over and three more committees need to approve the bill before it can proceed to the Senate floor. In addition, the House version of the bill has not yet had a committee hearing.

Supporters of the measure say it would help reduce teen pregnancies in the state, which has the sixth-highest number of teen pregnancies nationwide (AP/Miami Herald, 4/1). Supporters also have cited a recent survey by the University of Florida that found that sex education programs statewide vary significantly but often include limited information about sex (Daily Women's Health Policy Report, 1/10). Jenna Cawley, director of education for Planned Parenthood of Greater Orlando, said teens "are getting too little information [about sex education] too late."

Opponents of the measure have said it would result in more teen pregnancies in the state. "The only healthy, 100% effective way to prevent disease and pregnancy is abstinence," Alison Lambrechts -- a field coordinator for Project Reality, which provides abstinence education materials -- said (AP/Miami Herald, 4/1).

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