After Roe Fell: U.S. Abortion Laws by State

Hostile

Florida

Florida is enforcing a six-week ban. On November 5, 2024, despite the support of majority of Florida voters, Amendment 4, which would have amended the state constitution to prohibit government interference with the right to abortion prior to viability, failed to meet the 60% threshold required to amend the Florida Constitution.

State Legal Details

Bans in Effect

  • Gestational Ban, 15-week LMP
  • Gestational Ban, 6-week LMP
  • Gestational Ban, Viability

Bans Enjoined

  • Method Ban

Restrictions in Effect

  • Biased Counseling Requirement
  • Mandatory Ultrasound Requirement
  • Parental Involvement, Parental Consent Requirement
  • Parental Involvement, Parental Notification Requirement
  • TRAP Requirements: Facilities, Facility Requirements
  • TRAP requirements: Providers, Admitting Privilege Requirement
  • TRAP requirements: Providers, Reporting Requirement
  • Waiting Period Requirement

Restrictions

Florida law generally prohibits abortion at six weeks LMP1 and viability.2 Florida has a permanently enjoined method ban that was found to include D&E, D&X, and labor induction procedures.3 Pregnant people who seek abortion care must undergo a twenty-four-hour mandatory waiting period, biased counseling, and an ultrasound.4 Florida also limits public funding for abortion,5 and generally prohibits policies sold on the state’s health-care exchange from covering abortion.6 The Florida Constitution expressly authorizes parental notification for minors.7 However, on May 14, 2025, a state appeals court held that a judge’s ability to approve a minor’s petition without parental notification and consent is unconstitutional.8 Florida law generally requires that a parent or legal guardian be notified and consent prior to a minor’s abortion.9

Florida’s targeted regulation of abortion providers (TRAP) laws include requirements related to facilities that provide second-trimester procedures,10 admitting privileges or, alternatively, transfer agreements,11 and recordkeeping.12 State law restricts the provision of abortion care to licensed physicians. 13 Florida enacted a telemedicine ban for the provision of abortion care.14 Providers who violate Florida’s abortion restrictions may face civil and criminal penalties.15

State Protections

Florida law does not include constitutional or statutory protections for abortion. On November 5, 2024 57.1 percent of Florida voters approved Amendment 4 which would have amended the state Constitution to prohibit government interference with the right to abortion, just shy of the 60% voter approval threshold.16 Previously, Florida law included constitutional protections for abortion as part of the state’s fundamental right to privacy.17 In 2024, however, the Supreme Court held that there is no clear right to abortion as a part of the state Constitution’s privacy clause.18

Post-Roe Prohibitions

Florida repealed its pre-Roe bans in 1972.19

Conclusion

Now that the Supreme Court has overturned Roe, Florida is enforcing a six-week ban. On November 5, 2024, despite the support of a majority of Florida voters, Amendment 4, which would have amended the state constitution to prohibit government interference with the right to abortion prior to viability, failed to meet the 60% threshold required to amend the Florida Constitution.

  1. FLA. STAT. u00a7 390.0111; Planned Parenthood of S.W. and Central Fla. et al. v. Florida, No. 384 So.3d 67 (Fla. Apr. 1, 2024) which upheld the stateu2019s fifteen-week ban, and held the right to privacy in the state Constitution does not include a right to abortion. ↩︎
  2. FLA. STAT. u00a7 390.01112; see also, id. u00a7 390.0111 (third trimester ban). ↩︎
  3. See A Choice for Women v. Butterworth, 54 F. Supp. 2d 1148, 1154-55 (S.D. Fla. 1998) (finding that FLA. STAT. u00a7 390.0111(5) unduly burdens patients seeking a D&E, labor induction, or D&X procedure prior to viability of the fetus and permanently enjoining it). ↩︎
  4. Fla. Stat. u00a7 390.0111(3)(a); see Gainesville Woman Care v. Florida, No. 2015 CA 001323, SC16-381, 1D15-3048 (Fla. Cir. Ct. Apr. 8, 2022) (order granting Defendant’s motion for summary judgement). ↩︎
  5. FLA. ADMIN. CODE r. u00a7 59G-4.001; FLORIDA AGENCY FOR HEALTH CARE ADMIN., Florida Medicaid Provider Reimbursement Handbook, CMS-1500, 3-53 (2008); Renee B. v. Fla. Agency for Health Care Admin., 790 So. 2d 1036, 1038-40 (Fla. 2001) (Medicaid funding ban was constitutional); Fla. Stat. u00a7 286.31. ↩︎
  6. FLA. STAT. u00a7 627.64995. ↩︎
  7. FLA. CONST. art. X, u00a7 22. ↩︎
  8. Id. u00a7 390.01114 (6); Jane Doe v. Uthmeier, Case No. 5D2025-1363 (Fla. 5th Dist. Ct. App. May 14, 2025). ↩︎
  9. Id. u00a7 390.01114(4)-(5). ↩︎
  10. FLA. ADMIN. CODE r. 59A-9.022. ↩︎
  11. Id. 59A-9.023. ↩︎
  12. FLA. STAT. u00a7 390.01112. ↩︎
  13. Id. u00a7 390.0111(2); FLA. ADMIN. CODE r. 59A-9.023. ↩︎
  14. FLA. STAT. u00a7 390.0111(d)(2). ↩︎
  15. See, e.g., FLA. STAT. u00a7 390.0111(10)-(11). ↩︎
  16. Advisory Opinion to the Attorney General re. Limiting Government Interference with Abortion, No. SC2023-1392 (Fla. Apr. 1, 2024); Geoff Mulvhill and Christine Fernando, Abortion rights advocates win in 7 states and clear way to overturn Missouri ban but lose in 3, AP News (Nov. 6, 2024). ↩︎
  17. FLA. CONST. art. I, u00a7 23. See Gainesville Woman Care v. State, 210 So. 3d 1243, 1254 (Fla. 2017) (u201cFlorida’s constitutional right of privacy encompasses a woman’s right to choose to end her pregnancy.u201d); N. Fla. Women’s Health & Counseling Servs., Inc. v. State, 866 So. 2d 612, 634-36 (Fla. 2003) (rejecting application of u201cundue burdenu201d test, as established in Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 874 (1992) in favor of strict scrutiny); In re T.W., 551 So. 2d 1186, 1193 (Fla. 1989) (u201cThe Florida Constitution embodies the principle that [f]ew decisions are more personal and intimate, more properly private, or more basic to individual dignity and autonomy, than a woman’s decision … whether to end her pregnancy. A woman’s right to make that choice freely is fundamental.u201d) (internal quotations and citations omitted). ↩︎
  18. Planned Parenthood of S.W. and Central Fla. et al. v. Florida, 384 So.3d 67, 71 (Fla. Apr. 1, 2024). ↩︎
  19. FLA. STAT. u00a7u00a7 782.10, 797.01, repealed by 1972 Fla. Laws ch. 72-196, u00a7 9; see also State v. Barquet, 262 So. 2d 431, 438 (Fla. 1972) (holding that FLA. STAT. u00a7 782.10 and u00a7 797.01 violate the United States Constitution and the due process clause of the Florida Constitution). ↩︎