FindLaw | Find a Lawyer. Find Answers.
Are you a legal Professional?
My current location:
,
| Change location
Florida Abortion Laws
Explanation of Chart and More Information on 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.
Research the Law:
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
Related Resources for Abortion Laws: