Florida
Ranking: 26
- The Florida Supreme Court has determined that the state constitution provides a broader right to abortion than does the U.S. Constitution. Under the auspices of this decision, Florida courts have struck down prior versions of the state’s informed consent and parental involvement laws.
- Prior to an abortion, Florida requires that a woman receive oral, in-person counseling regarding the nature and medical risks of abortion and pregnancy and the gestational age of the unborn child. She must also receive printed materials discussing pregnancy services and abortion alternatives, providing description of the unborn child, and discussing available medical benefits.
- Florida requires that an ultrasound be performed and that the ultrasound be reviewed with the woman before she gives her informed consent for the abortion.
- Florida requires that notice be given in person, by telephone, or by mail to one parent at least 48 hours prior to an abortion on a minor aged 17 years old or younger, unless there is a medical emergency or the minor obtains a court order. Parents must be notified about an emergency abortion within 24 hours of the abortion.
- Florida mandates health and safety standards for facilities performing abortions after the first trimester.
- Only physicians licensed by the State of Florida in medicine or osteopathy or those physicians practicing medicine or osteopathy and employed by the United States may perform abortions.
- Florida has an enforceable abortion reporting law, but does not require the reporting of information to the Centers for Disease Control (CDC). The measure requires abortion providers to report short-term complications only for post-first trimester abortions.
- Florida follows the federal standard for Medicaid funding for abortions, only permitting the use of federal or state matching Medicaid funds for abortions necessary to preserve the life of the woman or when the pregnancy is the result of rape or incest.
- Florida prohibits insurance plans that cover abortions (except in cases of life endangerment, rape, or incest) from receiving federal or state subsidies through a health insurance Exchange established pursuant to the federal healthcare law (required to be operational by 2014).
- Florida provides direct funding to pregnancy care centers including faith-based centers.
- Florida also offers “Choose Life” license plates, the proceeds of which benefit pregnancy care centers and/or other organizations providing abortion alternatives.
Legal Recognition of Unborn and Newly Born:
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- Under Florida criminal law, the killing of an unborn child after “quickening” (discernible movement in the womb) is considered manslaughter. A person causing the death of an “unborn quick child” may be charged with the same level of offense as would be charged if the conduct had caused the death of the pregnant woman and may be charged with two offenses if both the pregnant woman and the unborn quick child are killed.
- The state allows a wrongful death (civil) action only when an unborn child is born alive following a negligent or criminal act and dies thereafter.
- Florida has enacted a “Baby Moses” law under which a mother or legal guardian who is unable to care for a newborn infant may anonymously and safely leave the infant in the care of a responsible person at a hospital, police station, fire station, or other prescribed location.
- The state defines substance abuse during pregnancy as “child abuse” under civil child-welfare statutes and funds drug treatment programs for pregnant women and newborns.
- Florida does not ban human cloning or destructive embryo research, and its ban on fetal experimentation applies only to a live fetus (and not to an aborted fetus).
- Florida maintains a “Public Cord Blood Tissue Bank” to collect, screen for infectious and genetic diseases, perform tissue tubing, cryopreserve, and store umbilical cord blood. Women admitted to a hospital or birthing facility may be offered the opportunity to donate umbilical cord blood to the Bank (which is a public resource).
- In regard to human egg harvesting, only “reasonable compensation” directly related to the donation of eggs is permitted.
- Florida regulates assisted reproductive technologies and includes “embryo adoption” in a statutory list of “fertility techniques.”
- In Florida, assisted suicide is considered manslaughter.
- Under Florida law, a hospital staff member, person associated with or employed by a hospital, or physician’s employee, who objects on religious or moral grounds, is not required to participate in any medical procedure that results in an abortion.
- Certain individuals, such as physicians, may refuse to furnish any contraceptive or family planning service, supplies, or information based on religious reasons.
- Hospitals are not required to perform abortions.
- Florida does not expressly protect the rights of conscience of all healthcare providers who conscientiously object to participation in procedures other than abortion, such as destructive embryo research and human cloning.
- In November, Florida voters rejected a constitutional amendment providing that “[p]ublic funds may not be expended for any abortion or for health-benefits coverage that includes coverage of abortion” and clarifying that the Florida Constitution “may not be interpreted to create broader rights to an abortion than those contained in the United States Constitution.”
- Florida voters also rejected a constitutional amendment that would have prevented “compelling any person or employer to purchase, obtain, or otherwise provide for health care coverage.”
- Florida adopted a resolution commending the life-saving work of pregnancy care centers.
- Florida considered a number of life-affirming, abortion-related measures: a prohibition of abortion at or after 20 weeks gestation, a prohibition of sex-selective and race-based abortions, a prohibition of partial-birth abortions, informed consent, a prohibition of coercion, abortion clinic regulations, and limitations on insurance coverage of abortion.
- Florida considered legislation that would have required resources and counseling to be allocated to women who receive prenatal test results indicating a developmental disability such as Down Syndrome.
- Conversely, the state considered legislation unnecessarily regulating or interfering in the work of pregnancy care centers, as well as a state “Freedom of Choice Act.”
- Florida considered measures protecting unborn victims of violence and infants born alive following failed abortions.
- Florida considered measures relating to pain management and palliative care.
- State Constitutional Amendment (providing that there is no state constitutional right to abortion)
- Defunding the Abortion Industry and Advancing Women’s Health Act
- Women’s Health Protection Act (including regulation of facilities providing first-trimester abortions)
- Abortion-Inducing Drugs Safety Act
- Crimes Against the Unborn Child Act (protecting a child from conception)
- Child Protection Act
- Joint Resolution Commending Pregnancy Centers
- Unborn Wrongful Death Act
- Born-Alive Infant Protection Act
- Pregnant Woman’s Protection Act
- Human Cloning Prohibition Act
- Destructive Embryo Research Act
- Prohibition on Public Funding of Human Cloning and Destructive Embryo Research Act
- Healthcare Freedom of Conscience Act
