Florida Abortion Laws
|Code Section||390.011, et seq.; 797.02; 797.03|
|Statutory Definition of Illegal Abortion||Termination of pregnancy during last trimester which does not meet requirements of legal abortion. Partial Birth Abortion: Prohibited except when necessary to save the life of the mother when her life is physically endangered and no other medical procedure would suffice for that purpose|
|Statutory Definition of Legal Abortion||Regulated only in last trimester, necessary to save life or preserve health of mother and requires 2 physicians' certifications of medical necessity unless one physician certifies need for emergency medical abortion and no 2nd physician available|
|Penalty for Unlawful Abortion||Third degree felony; imprisonment to 5 yrs. or 2nd degree misdemeanor; up to 60 days imprisonment for performing abortion in unlawful place; Fines: 3rd degree felony, up to $5,000; 2nd degree misdemeanor, up to $500|
|Consent Requirements||Voluntary written consent of mother or of the court-appointed guardian of a mentally incompetent woman, except in a medical emergency [§390.01115 held unconstitutional in North Florida Women's Health and Counseling Services, Inc. v. State, 2003 WL 21546546 (Fla. July 10, 2003)]|
|Residency Requirements for Patients||-|
|Physician Licensing Requirements||Validly licensed hospital, or medical facility; third trimester only in hospital|
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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