CopyCited 99 times | Published | Supreme Court of Florida | 1989 WL 120662
...all cases where the right to privacy is implicated. Winfield. We note that Florida does not recognize these two interests as being sufficiently compelling to justify a parental consent requirement where procedures other than abortion are concerned. Section 743.065, Florida Statutes (1987), provides: 743.065 Unwed pregnant minor or minor mother; consent to medical services for minor or minor's child valid....
...Additionally, we note that the statute fails to make any exception for emergency or therapeutic abortions, procedures clearly no different, in terms of impact upon the minor, from other medical procedures that a minor can unilaterally authorize under section 743.065....
...However, I do not believe that this interest can support the parental consent portion of the statute, section 390.001(4)(a), given the fact that the girl is considered competent to give consent to any other medical procedure related to her pregnancy as though she were an adult. § 743.065, Fla....
...any time during pregnancy, not just after the point of "viability." I recognize that in cases involving minors, the state has an additional interest in protecting the immature minor and the integrity of the family. I agree, however, that in light of section 743.065 the state's interest in the parental consent statute is not compelling. [1] Section 743.065 expressly *1199 grants to a pregnant, unwed minor the ability to consent, as though she were an adult, to medical services relating to pregnancy, except abortion, and to medical services for her child after birth. Decisions relating to the medical services covered under section 743.065 do not differ qualitatively from the decision to have an abortion. For example, under section 743.065, the pregnant minor girl may refuse to consent to medical treatment even though she is informed that without such treatment the fetus will not survive to term....
...Under this ruling, even immature minors may decide to have an abortion without parental consent. I do not agree with either the majority's broad interpretation of the privacy amendment or its limited view of the state's interest concerning the conduct of minors. Moreover, I cannot accept the majority's conclusion that section 743.065, Florida Statutes (1987), which permits an unwed pregnant minor to consent to the performance of medical or surgical care except with respect to abortions, somehow makes the statute under consideration in the instant case unconstitutional. Section 743.065 was designed to permit doctors to avoid liability for providing medical services *1204 to minors without parental consent and to ensure that emergency treatment would be available....
...A minor lacks the capacity to contract. When she consents to an abortion she contracts with another person to perform a surgical procedure on her. Absent parental or statutory authorization, she cannot do this. A minor's incapacity was recognized by the legislature when it enacted section 743.065, Florida Statutes (1987), authorizing the power to consent for certain medical procedures....
...[2] Justice McDonald raises the concern in his opinion that "any person performing an abortion on a minor without a statutorily authorized or parental consent is guilty of committing a battery and is subject to both civil and criminal penalties." At 1205 n. 3 (McDonald, J., dissenting). Section 743.065, Florida Statutes (1987), will provide that statutory authorization in light of the fact that by this decision the only exception to section 743.065, section 390.001(4)(a), is being declared unconstitutional....
CopyCited 55 times | Published | Supreme Court of Florida | 2003 WL 21546546
...nterest in all cases where the right to privacy is implicated. We note that Florida does not recognize these two interests as being sufficiently compelling to justify a parental consent requirement where procedures other than abortion are concerned. Section 743.065, Florida Statutes (1987), provides: 743.065 Unwed pregnant minor or minor mother; consent to medical services for minor or minor's child valid. (1) An unwed pregnant minor may consent to the performance of medical or surgical care or services relating to her pregnancy by a hospital or clinic or by a physician ......
...justify interference with comparable decisions. It is not enough for the state to say that an interest is compelling. It must be demonstrated through comprehensive and consistent legislative treatment. In support of this last point, the court cited section 743.065, Florida Statutes (1999), which was the same statutory section we relied on in T.W. The trial court then quoted the following passage from T.W.: Under [section 743.065], a minor may consent, without parental approval, to any medical procedure involving her pregnancy or her existing childno matter how dire the possible consequencesexcept abortion....
...The trial court explained: The contrast between the Legislature's treatment of a minor's decision to choose an abortion and its treatment of comparable decisions by a minor is as stark today as it was when the Florida Supreme Court issued its decision in T.W. Section 743.065, Florida Statutes, continues to allow an unwed pregnant minor to consent to dangerous medical procedures for herself and for her child without any involvement of the minor's parent....
...As Circuit Judge Lewis pointedly explained in the final judgment: The contrast between the Legislature's treatment of a minor's decision to choose an abortion and its treatment of comparable decisions by a minor is as stark today as it was when the Florida Supreme Court issued its decision in T.W. Section 743.065, Florida Statutes, continues to allow an unwed pregnant minor to consent to dangerous medical procedures for herself and for her child without any involvement of the minor's parent....
...slators will change good and effective statutes merely to avoid this Court's voiding statutes based on legislative inconsistency. It would be an unfortunate consequence of the present majority decision if the Legislature changes section
384.30(1) or
743.065(1), Florida Statutes (1999), in reaction to this majority's holding that the parental notification statute is unconstitutional because of legislative inconsistency....
CopyCited 13 times | Published | Supreme Court of Florida | 14 Fla. L. Weekly 531, 1989 Fla. LEXIS 972
...all cases where the right to privacy is implicated. Winfield . We note that Florida does not recognize these two interests as being sufficiently compelling to justify a parental consent requirement where procedures other than abortion are concerned. Section 743.065, Florida Statutes (1987), provides: 743.065 Unwed pregnant minor or minor mother; consent to medical services for minor or minor’s child valid.— (1) An unwed pregnant minor may consent to the performance of medical or surgical care or services relating to her pregnancy by a hospita...
...Additionally, we note that the statute fails to make any exception for emergency or therapeutic abortions, procedures clearly no different, in terms of impact upon the minor, from other medical procedures that a minor can unilaterally authorize under section 743.065....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2001 WL 111037
...Such notice serves the same general purpose and vindicates the same general interest in facilitating adult assistance in managing medical problems as the Act does, with respect to medical problems related to abortions. The Legislature has made exceptions, both for other pregnancy-related treatment, see § 743.065(1), Fla.Stat....
...not the least intrusive means of furthering any such interest. .... I recognize that in cases involving minors, the state has an additional interest in protecting the immature minor and the integrity of the family. I agree, however, that in light of section 743.065 the state's interest in the parental consent statute is not compelling. Section 743.065 expressly grants to a pregnant, unwed minor the ability to consent, as though she were an adult, to medical services relating to pregnancy, except abortion, and to medical services for her child after birth. Decisions relating to the medical services covered under section 743.065 do not differ qualitatively from the decision to have an abortion. For example, under section 743.065, the pregnant minor girl may refuse to consent to medical treatment even though she is informed that without such treatment the fetus will not survive to term....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 17648
parents are notified and do not consent); see §
743.065, Fla. Stat. (2016). Among many evidentiary deficiencies
CopyPublished | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 2659, 2004 WL 393153
...nterest in all cases where the right to privacy is implicated. We note that Florida does not recognize these two interests as being sufficiently compelling to justify a parental consent requirement where procedures other than abortion are concerned. Section 743.065, Florida Statutes (1987), provides: 743.065 Unwed pregnant minor or minor mother; consent to medical services for minor or minor’s child valid.— (1) An unwed pregnant minor may consent to the performance of medical or surgical care or services relating to her pregnancy by a hospita...
CopyPublished | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 1217
...Such notice serves the same general purpose and vindicates the same general interest in facilitating adult assistance in managing medical problems as the Act does, with respect to medical problems related to abortions. The Legislature has made exceptions, both for other pregnancy-related treatment, see § 743.065(1), Fla.Stat....
...ast intrusive means of furthering any such interest. [[Image here]] I recognize that in cases involving minors, the state has an additional interest in protecting the immature minor and the integrity of the family. I agree, however, that in light of section 743.065 the state’s interest in the parental consent statute is not compelling. Section 743.065 expressly grants to a pregnant, unwed minor the ability to consent, as though she were an adult, to medical services relating to pregnancy, except abortion, and to medical services for her child after birth. Decisions relating to the medical services covered under section 743.065 do not differ qualitatively from the decision to have an abortion. For example, under section 743.065, the pregnant minor girl may refuse to consent to medical treatment even though she is informed that without such treatment the fetus will not survive to term....
CopyPublished | Florida 4th District Court of Appeal | 2003 WL 1970335
...(2001)(removes disability of minority for the purpose of obtaining voluntary substance abuse impairment services). Florida statutory law also allows unwed pregnant minors or minor mothers to give consent to medical services for themselves and for their children. See § 743.065, Fla....
