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STATE v. WOMEN'S HEALTH AND COUNSELING SERVICES, INC.

Nos. 1D00-1983, 1D00-2106.

852 So.2d 254 (2001)

STATE of Florida, Florida Department of Health, Robert Brooks M.D., in his official capacity as Secretary of the Florida Department of Health, The Agency for Health Care Administration, and Ruben J. King-Shaw, Jr., in his official capacity as Director of the Agency for Health Care Administration, Appellants, v. NORTH FLORIDA WOMEN'S HEALTH AND COUNSELING SERVICES, INC., et al., Appellees. Florida Board of Medicine, John W. Glotfelty, in his official capacity as Chairperson of the Florida Board of Medicine, and the Florida Board of Osteopathic Medicine, Bill Buckhalt, in his official capacity as Director of the Florida Board of Osteopathic Medicine, Appellants, v. North Florida Women's Health and Counseling Services, Inc., et al., Appellees.

District Court of Appeal of Florida, First District.

February 9, 2001.

Attorney(s) appearing for the Case

Kenneth W. Sukhia, of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tallahassee, for Appellants State of Florida, Department of Health, Robert Brooks, M.D., The Agency for Health Care Administration, and Ruben J. King-Shaw, Jr.

Robert A. Butterworth, Attorney General; John J. Rimes, III, Assistant Attorney General, Tallahassee, for Appellants Florida Board of Medicine, John W. Glotfelty, and the Florida Board of Osteopathic Medicine, Bill Buckhalt.

Bebe J. Anderson and Julie Rikelman of The Center for Reproductive Law & Policy, and Charlene Miller Carres, Tallahassee, for all Appellees; and Dara Klassel of Planned Parenthood Federation of America, Inc, New York, NY, for Appellees Planned Parenthood of Southwest and Central Florida and Planned Parenthood of Northeast Florida.

Stephen C. Emmanuel and John R. Beranek of Ausley & McMullen, Tallahassee, and Thomas A. Horkan, Jr., and Victoria H. Pflug, Tallahassee, for Amicus Curiae Florida Catholic Conference.

BENTON, J.

The Department of Health, the Board of Medicine, the Board of Osteopathic Medicine and the Agency for Health Care Administration (the State) appeal a final judgment granting permanent injunction. The injunction reflects the circuit court's view that, however applied, the Parental Notice of Abortion Act, section 390.01115, Florida Statutes (1999) (the Act), violates the Right to Privacy secured by the Florida Constitution. See Art. I, § 23, Fla...

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