A BILL TO BE ENTITLED AN ACT RELATING TO THE PROTECTION OF PREBORN LIFE; ESTABLISHING THE FLORIDA PREBORN LIFE PROTECTION ACT; PROVIDING FOR THE PROHIBITION OF ABORTION PROCEDURES; ESTABLISHING EXCEPTIONS; PRESCRIBING CRIMINAL AND CIVIL PENALTIES; PROVIDING FOR DISCIPLINARY ACTIONS AGAINST MEDICAL LICENSES; REGULATING CONTROLLED SUBSTANCES; AND PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA:

SECTION 1. SHORT TITLE.
    This act shall be known and may be cited as the "Florida Preborn Life Protection Act."

SECTION 2. DEFINITIONS.
    As used in this act, the following terms shall have the meanings ascribed to them in this section:
        (1) "Abortion" means the use or prescription of any instrument, medicine, drug, or other substance or device with the specific intent to terminate the pregnancy of a woman with knowledge that the termination will, with reasonable likelihood, cause the death of the unborn child.
        (2) "Fertilization" means the fusion of a human spermatozoon with a human ovum.
        (3) "Pregnant" means the condition of carrying a living unborn child within the body throughout the embryonic and fetal stages from fertilization until live birth.
        (4) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
        (5) "Unborn child" means an individual living member of the species Homo sapiens from the moment of fertilization until birth at any stage of development.

SECTION 3. PROHIBITION OF ABORTION; MEDICAL EXCEPTIONS.
    (a) GENERAL PROHIBITION. No person shall knowingly perform, induce, or attempt to perform or induce an abortion except as provided in subsection 
    (b) EXCEPTION FOR MEDICAL EMERGENCY. A licensed physician may perform an abortion only if, in the exercise of reasonable medical judgment, the physician determines that the pregnant woman has a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that places the woman at risk of death. Such procedure must be performed in a manner that provides the best opportunity for the unborn child to survive, unless such manner creates a greater risk of the pregnant woman's death.
    (c) LIMITATION ON LIABILITY. No physician shall be held liable under this section for medical treatment provided to a pregnant woman that results in the accidental or unintentional injury or death of the unborn child.

SECTION 4. CONSTRUCTION AND SCOPE.
    (a) This act shall not be construed to authorize the prosecution or conviction of any woman for the death of her own unborn child.
    (b) This act does not prohibit the sale, use, or administration of contraceptives, provided such measures are administered prior to the time when a pregnancy can be determined through conventional medical testing and are used in accordance with manufacturer specifications.

SECTION 5. CRIMINAL PENALTIES.
    (a) Any person who performs an abortion in violation of this act commits a felony of the first degree, punishable as a Class A felony.
    (b) Any person who attempts an abortion in violation of this act commits a felony of the third degree, punishable as a Class C felony.

SECTION 6. CIVIL REMEDIES AND ADMINISTRATIVE PENALTIES.
    (a) CIVIL PENALTY. A person who violates the provisions of this act shall be subject to a civil penalty of not less than $100,000 per violation. The Attorney General is authorized to initiate civil actions to recover such penalties, including reasonable attorney fees.
    (b) PROFESSIONAL DISCIPLINE. The appropriate state licensing authority shall revoke the professional license or certification of any healthcare professional found to be in violation of this act.

SECTION 7. REGULATION OF ABORTIFACIENT PHARMACEUTICALS.
    (a) CLASSIFICATION. The drugs Mifepristone and Misoprostol are hereby designated as Schedule IV controlled substances within the State of Florida.
    (b) RESTRICTIONS. The use of these substances for the purpose of inducing a chemical abortion is strictly prohibited. Distribution shall be subject to stringent prescription protocols and pharmacy dispensing regulations as required for Schedule IV substances.
    (c) NON-ABORTIFACIENT USAGE. This section shall not apply to the medical use of Mifepristone when prescribed as Korlym for the treatment of hyperglycemia in adults with Cushing's syndrome, nor shall it apply to the treatment of a spontaneous miscarriage to remove remains of a naturally terminated pregnancy.

SECTION 8. EMERGENCY CONTRACEPTION DISTINGUISHED.
    This act shall not affect the distribution or use of emergency contraception, including levonorgestrel (Plan B) or ulipristal acetate (Ella), provided such substances function to delay or prevent ovulation and do not terminate an established pregnancy.