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Florida legal term

Express and informed consent in Florida Criminal Law

Current through 2026 Florida legislative session

In Florida criminal law, “Express and informed consent” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the Florida criminal code.

What does “Express and informed consent” mean in Florida criminal law?

“Express and informed consent” means consent voluntarily given in writing, by a competent inmate, after sufficient explanation and disclosure of the subject matter involved, to enable the inmate to make a knowing and willful decision without any element of force, fraud, deceit, duress, or other form of constraint or coercion. (Fla. Stat. § 945.42)

Statutes defining or using this term

Related terms in the same statutes

This reference is informational and is not legal advice.