The 2023 Florida Statutes
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In her recommended order, the ALJ determined that Dr. Pendergraft's performance of the third trimester abortion in his clinic was contrary to sections 456.072(1)(k) and 458.331(1)(g) in several respects. First, she found that Dr. Pendergraft's conduct violated section 797.03( 3), Florida Statutes (2005), which prohibits the performance of such a procedure in a location other than a hospital. Second, the ALJ found that the same conduct violated section 390.0111(1)(a), Florida Statutes (2005), which prohibits third trimester abortions unless "two physicians certify in writing to the fact that, to a reasonable degree of medical probability, the termination of the pregnancy is necessary to save the life or preserve the health of the pregnant woman." Third, the ALJ found that Dr. Pendergraft failed to comply with section 390.0111(1)(b), Florida Statutes (2005), because he did not certify in writing "to the medical necessity for legitimate emergency medical procedures for termination of pregnancy in the third trimester, and another physician is not available for consultation." Finally, the ALJ found that there was clear and convincing evidence that Dr. Pendergraft committed… In determining the intent of the Legislature, the courts must construe a statute in light of the purposes for which it was enacted and the evils it was intended to cure. That the Florida Legislature has sought to protect unborn children is illustrated by other statutes. For example, section 782.09 provides that the "willful killing of an unborn, quick child . . . shall be deemed manslaughter." Other examples of legislative intent to protect unborn children can be found in section 797.03(3), proscribing any person from performing or assisting in the performance of an abortion in the third trimester of pregnancy other than in a hospital, and in section 731.303(2)(c), the Probate Code, referring to an unborn or unascertained "person" with regard to property rights. The legislative goal of protecting unborn children, as evidenced in Florida's homicide, abortion, and probate statutes, strongly supports the recognition of a civil wrongful death action where a viable, but not yet born, child dies as a result of negligence.. . . Pen-dergraft’s conduct violated section 797.03(3), Florida Statutes (2005), which prohibits the performance . . . the standard of care for performing third trimester abortions as set forth in sections 390.0111 and 797.03 . . . disciplinary action by the Board because he has not been convicted of violating sections 390.0111 and 797.03 . . . this subsection as any person who violates this provision is guilty of a second degree misdemeanor. § 797.03 . . .
. . . Other examples of legislative intent to protect unborn children can be found in section 797.03(3), proscribing . . .