Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 390.011 | Lawyer Caselaw & Research
F.S. 390.011 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 390.011

The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 390
TERMINATION OF PREGNANCIES
View Entire Chapter
F.S. 390.011
390.011 Definitions.As used in this chapter, the term:
(1) “Abortion” means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus.
(2) “Abortion clinic” or “clinic” means any facility in which abortions are performed. The term does not include:
(a) A hospital; or
(b) A physician’s office, provided that the office is not used primarily for the performance of abortions.
(3) “Agency” means the Agency for Health Care Administration.
(4) “Born alive” means the complete expulsion or extraction from the mother of a human infant, at any stage of development, who, after such expulsion or extraction, breathes or has a beating heart, or definite and voluntary movement of muscles, regardless of whether the umbilical cord has been cut and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, caesarean section, induced abortion, or other method.
(5) “Department” means the Department of Health.
(6) “Fatal fetal abnormality” means a terminal condition that, in reasonable medical judgment, regardless of the provision of life-saving medical treatment, is incompatible with life outside the womb and will result in death upon birth or imminently thereafter.
(7) “Gestation” means the development of a human embryo or fetus as calculated from the first day of the pregnant woman’s last menstrual period.
(8) “Hospital” means a facility as defined in s. 395.002(12) and licensed under chapter 395 and part II of chapter 408.
(9) “Medical abortion” means the administration or use of an abortion-inducing drug to induce an abortion.
(10) “Partial-birth abortion” means a termination of pregnancy in which the physician performing the termination of pregnancy partially vaginally delivers a living fetus before killing the fetus and completing the delivery.
(11) “Physician” means a physician licensed under chapter 458 or chapter 459 or a physician practicing medicine or osteopathic medicine in the employment of the United States.
1(12) “Reasonable medical judgment” means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
1(13) “Standard medical measure” means the medical care that a physician would provide based on the particular facts of the pregnancy, the information available to the physician, and the technology reasonably available in a hospital, as defined in s. 395.002, with an obstetrical department, to preserve the life and health of the fetus, with or without temporary artificial life-sustaining support, if the fetus were born at the same stage of fetal development.
(14) “Trimester” means one of the following three distinct periods of time in the duration of a pregnancy:
(a) “First trimester,” which is the period of time from fertilization through the end of the 11th week of gestation.
(b) “Second trimester,” which is the period of time from the beginning of the 12th week of gestation through the end of the 23rd week of gestation.
(c) “Third trimester,” which is the period of time from the beginning of the 24th week of gestation through birth.
1(15) “Viable” or “viability” means the stage of fetal development when the life of a fetus is sustainable outside the womb through standard medical measures.
History.s. 1, ch. 78-382; s. 1, ch. 86-286; ss. 4, 5, ch. 88-97; s. 4, ch. 91-429; s. 4, ch. 97-151; s. 37, ch. 97-264; s. 3, ch. 98-1; s. 14, ch. 2007-230; s. 1, ch. 2013-121; s. 1, ch. 2014-137; s. 1, ch. 2016-150; s. 6, ch. 2021-112; s. 37, ch. 2022-4; s. 3, ch. 2022-69.
1Note.Section 5, ch. 2014-137, provides:

“Severability and reversion.

“(1) If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

“(2) Notwithstanding subsection (1), if s. 390.01112, Florida Statutes, is held unconstitutional and severed by a court having jurisdiction, the amendments made by this act to s. 390.011, Florida Statutes, and subsections (4), (10), and (13) of s. 390.0111, Florida Statutes, will be repealed and will revert to the law as it existed on January 1, 2014.”

F.S. 390.011 on Google Scholar

F.S. 390.011 on Casetext

Amendments to 390.011


Arrestable Offenses / Crimes under Fla. Stat. 390.011
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 390.011.



Annotations, Discussions, Cases:

Cases from cite.case.law:

PLANNED PARENTHOOD OF SOUTHWEST AND CENTRAL FLORIDA d b a v. PHILIP,, 194 F. Supp. 3d 1213 (N.D. Fla. 2016)

. . . The third challenged provision — the “trimester definition” — is Florida Statutes § 390.011(12)(a). . . .

OB GYN SPECIALISTS OF THE PALM BEACHES, P. A. d b a M. D. v. MEJIA a, 134 So. 3d 1084 (Fla. Dist. Ct. App. 2014)

. . . .” § 390.011(8), Fla. Stat. (2008). The term “pregnancy” is not defined in the statute. . . . However, section 390.011(8) refers to weeks of “pregnancy,” and does not mention the fetus’s gestational . . . Accordingly, even if measuring the weeks of pregnancy in section 390.011(8) by the fetus’s gestational . . . Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973), section 390.011(8) must be interpreted using . . . The correct meaning of section 390.011(8) is a question for a court to decide. Cf. Marbury v. . . . .” § 390.011(8), Fla. Stat. (2008). The term “pregnancy” is not defined in Chapter 390. . . . Although plaintiffs suggest that this court calculate “weeks of pregnancy” as used in section 390.011 . . .

STENBERG, ATTORNEY GENERAL OF NEBRASKA, v. CARHART, 530 U.S. 914 (U.S. 2000)

. . . . §390.011 (Supp. 2000); Ill. Comp. Stat., ch. 720, §513/5 (1999); Ind. . . .

A CHOICE FOR WOMEN, v. A BUTTERWORTH,, 54 F. Supp. 2d 1148 (S.D. Fla. 1998)

. . . However, FLA.STAT. § 390.011(5)(a) of the Act is not narrowly tailored. . . . FLA.STAT. § 390.011(5). . . . FLA.STAT. § 390.011(5). . . . FLA.STAT. § 390.011(5)(c). . . . FLA.STAT. § 390.011(5). . . .

STATE v. M. ASHLEY,, 670 So. 2d 1087 (Fla. Dist. Ct. App. 1996)

. . . Section 390.011(6), Florida Statutes (1993), defines the "third trimester” as the weeks after the twenty-fourth . . .

JACKSONVILLE CLERGY CONSULTATION SERVICE, INC. d b a s M. M. D. M. D. M. D. v. MARTINEZ, T., 696 F. Supp. 1445 (M.D. Fla. 1988)

. . . Subsection (2) of section 390.011, Florida Statutes, and sections 390,012, 390.013, 390.014, 390.015, . . .

STATE OF FLORIDA v. GONZALEZ, 2 Fla. Supp. 2d 49 (Fla. Cir. Ct. 1982)

. . . Defendant further argues that the definition of third trimester found §390.011(6) makes all abortions . . . performed after 24 weeks illegal. §390.011(6) reads ‘“Third trimester’ means the weeks of pregnancy . . .

FLORIDA WOMEN S MEDICAL CLINIC, INC. v. SMITH,, 536 F. Supp. 1048 (S.D. Fla. 1982)

. . . APPENDIX A 390.011 Definitions As used in this act: (1) “Abortion” means the termination of human pregnancy . . .

FLORIDA WOMEN S MEDICAL CLINIC, INC. M. D. H. M. D. J. v. SMITH, J., 478 F. Supp. 233 (S.D. Fla. 1979)

. . . enjoining the enforcement of the Florida Abortion Clinic Law, Chapter 78-382, Laws of Florida, F.S. 390.011 . . . The sole issue presently before the Court for resolution is whether Florida Statutes 390.011-390.021 . . . The Abortion Clinics Law, F.S. 390.011-390.021 (1978 Supp.) requires all facilities in which pregnancy . . . Wade, supra, that the rules implementing Florida Statutes 390.011-390.021 “sweep too broadly.” . . . The Florida Abortion Clinic Law, Chapter 78-382, Laws of Florida, F.S. 390.011-390.-021 (1978 Supp.) . . .