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The CRC completed its work and submitted its final report. This website is maintained for archival purposes.

Florida Constitution Revision Commission

PUB 700689: Give the Florida Legislature the Power to Protect Human Life From Heartbeat by Michael Stephen Barry

ARTICLE III: LEGISLATURE, New Section.

Catchline: Give the Florida Legislature the Power to Protect Human Life

(a) Whereas heartbeat is a clear indicator of a distinct human life, the legislature is authorized to pass legislation that would protect the life of each unborn baby from the moment he or she has a medically detectable heartbeat.

            (b) Neither this section nor any other in the Constitution shall prevent the Legislature from enacting laws that protect life at an earlier time than is provided in this section.

            (c) Definitions.     As used in this section the following terms are defined to mean:

           

                        (1) "Medically detectable heartbeat" means cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac that is detectable by means of standard medical practice.

                        (2) "Gestational sac" means the structure that comprises the extraembryonic membranes that envelop the fetus and that is typically visible by ultrasound after the fourth week of pregnancy.

                        (3) "Unborn baby" means the human offspring developing during pregnancy from the moment of conception and includes the embryonic and fetal stages of development.

                        (4) "Pregnancy" means the human female reproductive condition that begins with fertilization and ends at live birth, when the woman is carrying the developing human offspring, and that is calculated from the first day of the last menstrual period of the woman.

                        (5) "Standard medical practice" means the degree of skill, care, and diligence that a physician of the same medical specialty would employ in like circumstances. As applied to the method used to determine the presence of a fetal heartbeat "standard medical practice" includes employing the appropriate means of detection depending on the estimated gestational age of the fetus and the condition of the woman and her pregnancy.