Florida Statutes
Fla. Stat. § 797.03 (2025)
Prohibited acts; penalties.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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797.03 Prohibited acts; penalties.—
(1) It is unlawful for any person to perform or assist in performing an abortion on a person, except in an emergency care situation, other than in a validly licensed hospital or abortion clinic or in a physician’s office.
(2) It is unlawful for any person or public body to establish, conduct, manage, or operate an abortion clinic without a valid current license.
(3) It is unlawful for any person to perform or assist in performing an abortion on a person during viability or in the third trimester other than in a hospital.
Arrestable Offenses under F.S. 797.03
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§797.03ABORTIONUNLAWFULLY PERFORM OR ASSIST IN
Notes of Decisions
Cited in 2
cases, 1995–2009 · leading case: Pendergraft v. Dep't of Health, Bd. of Med., 19 So. 3d 392 (Fla. 5th DCA 2009).
Pendergraft v. Dep't of Health, Bd. of Med., 19 So. 3d 392 (Fla. 5th DCA 2009). “Pen-dergraft’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.”
Young v. St. Vincent's Med. Ctr., 653 So. 2d 499 (Fla. 1st DCA 1995). “" 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.”
— 797.03(3) — 2 cases
Pendergraft v. Dep't of Health, Bd. of Med., 19 So. 3d 392 (Fla. 5th DCA 2009). “Pen-dergraft’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.”
Young v. St. Vincent's Med. Ctr., 653 So. 2d 499 (Fla. 1st DCA 1995). “" 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.”
— 797.03(4) — 1 case
Pendergraft v. Dep't of Health, Bd. of Med., 19 So. 3d 392 (Fla. 5th DCA 2009). “Pen-dergraft’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.”
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