FL S0348

Creates the "Florida Pain-Capable Unborn Child Protection Act" prohibiting abortion of unborn children determined to be 20 or more weeks post-fertilization, except when necessary to prevent serious health risk to the pregnant woman.

Requires physicians to determine probable post-fertilization age before performing abortion (except in medical emergencies) using reasonable medical judgment, including inquiries and medical examinations as necessary.

Mandates physicians performing abortion on pain-capable unborn children to use the method providing the best opportunity for fetal survival, unless that method would pose greater health risk to the pregnant woman.

Requires physicians to report abortion data to the Department of Health beginning January 1, 2018, including post-fertilization age, method used, mother's age and race, and basis for medical emergency determinations; imposes $1,000 late fees per 30-day period for non-compliance and grounds for disciplinary action.

Allows civil actions for actual and punitive damages by the pregnant woman or father of the aborted child against physicians violating this section; establishes criminal penalties of third-degree felony; creates special litigation account in Department of Legal Affairs to fund defense of the act.