Florida Abortion Laws
Created by FindLaw's team of legal writers and editors | Last updated May 03, 2022
Florida's abortion laws are, generally speaking, more restrictive than those in many other states. In 2022, Gov. Ron DeSantis signed a law prohibiting abortions after 15 weeks. Healthcare practitioners, as well as employees of hospitals, physicians’ offices and abortion clinics, must report all known violations to the Department of Health. The table below lists the basic provisions of Florida's abortion laws. See Abortion Laws and Abortion Rights FAQs to learn more.
| Code Section | 390.011, et seq.; 797.02; 797.03 |
| Statutory Definition of Illegal Abortion | Termination of pregnancy after gestational age of 15 weeks 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 after gestational age of 15 weeks, necessary to save life or preserve health of mother or fetal abnormality and requires 2 physicians' certifications of medical necessity or fetal abnormality unless one physician certifies need for emergency medical abortion and no 2nd physician available |
| Penalty for Unlawful Abortion | Third degree felony, imprisonment up to 5 yrs.; or 2nd degree misdemeanor for performing legal abortion in unlawful place, up to 60 days imprisonment; 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; after 15 weeks only in hospital |
Note: State laws are constantly changing -- contact a Florida health care attorney or conduct your own legal research to verify the state law(s) you are researching.
Related Resources for Florida Abortion Laws:
- Florida Statutes
- Florida Legal Research
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
- Health Care Law
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