CopyCited 4 times | Published | District Court, M.D. Florida | 1995 U.S. Dist. LEXIS 2734, 1995 WL 101082
...iff in that: (1) §
467.003(8) is unconstitutionally vague, in that the statute does not define the terms "advising" and "rendering," thus leaving individuals to guess at its meaning and permitting administrators to differ as to its application; (2) §
467.002 places an excessive and undue burden on free speech in that it requires individuals to obtain a license from the Defendants in order to speak about midwifery (i.e., the statute is an impermissible prior restraint); and (3) the statute is o...
...In light of this compelling interest, Florida has a demonstrated need to regulate in this field. The Florida Legislature has also recognized "the need for a person to have the freedom to choose the manner, cost, and setting for giving birth." Fla.Stat.Ann. § 467.002 (West Supp.1995)....