Orlando abortion clinic challenges hefty fine that could put it out of business

SIBLINGS WHEN HE DISAPPEARED. POLICE SAY HE HAS AUTISM AND DOES NOT HAVE A DRIVER’S LICENSE OR PHONE. IF YOU’VE SEEN HIM, CALL OCOEE POLICE. AN ORLANDO ABORTION CLINIC COULD BE GOING OUT OF BUSINESS BECAUSE OF A MAJOR PROPOSED FINE. SUMMER: LAST WEEK, A STATE AGENCY FILED A COMPLAINT AGAINST THE CENTER OF ORLANDO FOR WOMEN. WESH 2’S MARLEI MARTINEZ TELLS US WHY, AND WHAT THAT COULD MEAN FOR ABORTIONS HERE IN CENTRAL FLORIDA. MARLEI: THE CENTER OF ORLANDO FOR WOMEN ON LUCERNE TERRACE IS ONE OF ONLY TWO ABORTION CLINICS IN ORANGE COUNTY, AND ONE OF ONLY FIVE IN CENTRAL FLORIDA THAT ARE ALLOWED TO PERFORM FIRST AND SECOND TRIMESTER ABORTIONS, ACCORDING TO DATA FROM AHCA, FLORIDA’S AGENCY FOR HEALTH CARE ADMINISTRATION. WELL NOW, THERE ARE CONCERNS THAT THE ABORTION CLINIC COULD CLOSE BECAUSE OF A HEFTY FINE IT’S NOW FACING. LAST WEEK, THE AHCA FILED THIS COMPLAINT AGAINST THE ABORTION CLINIC, ALLEGING IT DID NOT COMPLY WITH THE STATE’S 24-HOUR WAITING PERIOD. FLORIDA MADE THAT WAITING PERIOD MANDATORY IN 2015. IT WAS IMMEDIATELY CHALLENGED IN THE COURTS. BUT THIS PAST APRIL, A JUDGE UPHELD IT, ENDING THE NEARLY SEVEN-YEAR LEGAL BATTLE. THE STATE AGENCY SAYS PATIENT RECORDS THAT SHOW PROCEDURES WERE PERFORMED ON THE SAME DAY 193 TIMES IN APRIL AND MAY. ACCORDING TO STATE LAW, THE AGENCY MAY FINE AN ABORTION CLINIC UP TO $1,000 FOR EACH VIOLATION, AND NOW IT’S PROPOSING THE CLINIC PAY UP $193,000. IN A COURT RESPONSE, THE CLINIC’S LAWYER DISPUTES THOSE ALLEGATIONS, SAYING THAT PROPOSED FINE WOULD LIKELY BANKRUPT THE CLINIC AND PUT IT OUT OF BUSINESS. IN AN EMAIL, THE CLINIC’S LAWYER -- THE CLINIC ATTORNEY TOLD US AFTER THE JUDGE UPHELD THE 24-HOUR WAITING PERIOD THIS SPRING, AHCA BEGAN SURVEYING ABORTION CLINICS FOR COMPLIANCE. ADDING, "AHCA NEVER PROVIDED ANY GUIDANCE TO CLINICS ON THE START DATE OF THE NEW LAW AND, ARBITRARILY, PICKED A DATE IN LATE APRIL. AHCA ALLEGES THE CENTER OF ORLANDO FOR WOMEN WAS OUT OF COMPLIANCE FOR ABOUT TWO WEEKS. THE CLINIC IS CHALLENGING THIS ALONG WITH THE EXCESSIVE FINE." THE CLINIC’S LAWYER SAYS IT TRIED TO COMPLY WITH THE LAW BY REACHING OUT TO THE AHCA NUMEROUS TIMES TO FIND OUT WHEN THE 24-HOUR WAITING PERIOD TAKES EFFECT, BUT SAYS AHCA STAFF DID NOT HAVE THAT INFORMATION, NOR DID THE AGENCY’S WEBSITE. IN ORLANDO, MARLEI MARTINEZ, WESH 2 NEW

An Orlando abortion clinic is challenging a hefty fine that could shut it down.Last week, Florida’s state agency that oversees the licensing and regulation of abortion clinics, the Agency for Health Care Administration, filed an administrative complaint against the Center of Orlando for Women on Lucerne Terrace. The Agency for Health Care Administration alleges the abortion clinic did not comply with the state’s 24-hour waiting period. Florida made the waiting period mandatory in 2015. The law was immediately challenged in the courts. But this past April, a judge in Tallahassee upheld the law. The Agency for Health Care Administration said patient records show procedures were “performed on the same day” 193 times in April and May. According to state law, the agency may fine an abortion clinic up to $1,000 for each violation. So now, it is proposing the clinic pay $193,000. In a court response, the clinic’s lawyer Julie Gallagher disputes the allegations and said the fine “would likely bankrupt” the clinic and “put it out of business.”In an email, Gallagher tells WESH 2 News: “Shortly after the Tallahassee Judge’s ruling allowing the 24-hour waiting period to go into effect, AHCA began surveying abortion clinics around the state for compliance with the new requirement. AHCA never provided any guidance to clinics on the ‘start date’ of the new law and, arbitrarily, picked a date in late April. AHCA alleges the Center of Orlando for Women was out of compliance for about two weeks. The clinic is challenging this along with the excessive fine sought to be imposed, $193,000.” In Gallagher’s response to the court, she said the abortion clinic tried to comply with the law by reaching out to the Agency for Health Care Administration numerous times to find out when the 24-hour waiting period would take effect but adds that Agency for Health Care Administration staff did not have that information nor did the agency’s website. The Agency for Health Care Administration tells WESH 2 News it does not comment on pending litigation.

ORLANDO, Fla. —

An Orlando abortion clinic is challenging a hefty fine that could shut it down.

Last week, Florida’s state agency that oversees the licensing and regulation of abortion clinics, the Agency for Health Care Administration, filed an administrative complaint against the Center of Orlando for Women on Lucerne Terrace.

The Agency for Health Care Administration alleges the abortion clinic did not comply with the state’s 24-hour waiting period. Florida made the waiting period mandatory in 2015. The law was immediately challenged in the courts. But this past April, a judge in Tallahassee upheld the law.

The Agency for Health Care Administration said patient records show procedures were “performed on the same day” 193 times in April and May. According to state law, the agency may fine an abortion clinic up to $1,000 for each violation. So now, it is proposing the clinic pay $193,000.

In a court response, the clinic’s lawyer Julie Gallagher disputes the allegations and said the fine “would likely bankrupt” the clinic and “put it out of business.”

In an email, Gallagher tells WESH 2 News: “Shortly after the Tallahassee Judge’s ruling allowing the 24-hour waiting period to go into effect, AHCA began surveying abortion clinics around the state for compliance with the new requirement. AHCA never provided any guidance to clinics on the ‘start date’ of the new law and, arbitrarily, picked a date in late April. AHCA alleges the Center of Orlando for Women was out of compliance for about two weeks. The clinic is challenging this along with the excessive fine sought to be imposed, $193,000.”

In Gallagher’s response to the court, she said the abortion clinic tried to comply with the law by reaching out to the Agency for Health Care Administration numerous times to find out when the 24-hour waiting period would take effect but adds that Agency for Health Care Administration staff did not have that information nor did the agency’s website.

The Agency for Health Care Administration tells WESH 2 News it does not comment on pending litigation.

Orlando abortion clinic challenges hefty fine that could put it out of business

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