State of Florida the Florida etc. v. Gainesville Woman Care LLC

• Court: District Court of Appeal of Florida
• Decided: April 3, 2017
• Docket: 15-3048
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

STATE OF FLORIDA; THE NOT FINAL UNTIL TIME EXPIRES TO FLORIDA DEPARTMENT OF FILE MOTION FOR REHEARING AND HEALTH; JOHN H. DISPOSITION THEREOF IF FILED ARMSTRONG, M.D., IN HIS OFFICIAL CAPACITY AS CASE NO. 1D15-3048 SECRETARY OF HEALTH FOR THE STATE OF FLORIDA; THE FLORIDA BOARD OF MEDICINE; JAMES ORR, M.D., IN HIS OFFICIAL CAPACITY AS CHAIR OF THE FLORIDA BOARD OF MEDICINE; THE FLORIDA BOARD OF OSTEOPATHIC MEDICINE; ANNA HAYDEN, D.O., IN HER OFFICIAL CAPACITY AS CHAIR OF THE FLORIDA BOARD OF OSTEOPATHIC MEDICINE; THE FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION; AND ELIZABETH DUDEK, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION,

Appellants,

v.

GAINESVILLE WOMAN CARE LLC, et al.,

Appellees. _____________________________/ Opinion filed April 4, 2017.

An appeal from the Circuit Court for Leon County. Charles A. Francis, Judge.

Pamela Jo Bondi, Attorney General; Denise M. Harle, Deputy Solicitor General; and Blaine Winship, Special Counsel, Tallahassee, for Appellants.

Richard E. Johnson of the Law Office of Richard E. Johnson, Tallahassee; Benjamin James Stevenson, American Civil Liberties Union Foundation of Florida, Pensacola; Nancy Abudu, American Civil Liberties Union Foundation of Florida, Miami; Jennifer Lee, Susan Talcott Camp, and Julia Kaye, American Civil Liberties Union Foundation, New York, New York, pro hac vice, for Appellee Gainesville Woman Care, LLC; Autumn Katz and Tiseme Zegeye, Center for Reproductive Rights, New York, New York, pro hac vice, for Appellee Medical Students for Choice.

ON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

The 2015 amendment to Florida’s informed consent law for termination of

pregnancies, section 390.0111(3)(a) of the Florida Statutes, created a 24-hour

waiting period. We previously reversed the trial court’s temporary injunction against

implementation of the amendment, because we found the injunction order deficient

both factually and legally. State v. Gainesville Woman Care LLC, 187 So. 3d 279

(Fla. 1st DCA 2016). The Florida Supreme Court quashed that decision, remanding

“with instructions that the temporary injunction and accompanying stay . . . remain

in effect pending a hearing on Petitioners’ request for a permanent

injunction.” Gainesville Woman Care, LLC v. State, 42 Fla. L. Weekly S183a (Fla. 2 Feb. 16, 2017). We therefore remand this matter to the trial court for further

proceedings as directed by the supreme court.

B.L. THOMAS and KELSEY, JJ., and STONE, WILLIAM F., Associate Judge, CONCUR.