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
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
Voluntary written consent of mother or of the court-appointed guardian of a mentally incompetent woman, except in a medical emergency [ยง390.01115 held unconstitutional in North Florida Women's Health and Counseling Services, Inc. v. State, 2003 WL 21546546 (Fla. July 10, 2003)]

Residency
N/A

License
Validly licensed hospital, or medical facility; third trimester only in hospital