Restrictions

Florida law generally prohibits abortion at six weeks LMP,^[1]FLA. STAT. § 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 state’s fifteen-week ban, and held the right to privacy … Continue reading fifteen weeks LMP,^[2]Fla. Stat. § 390.0111; Florida v. Planned Parenthood of S.W. and Central Florida, 342 So.3d 863 (Fla. 1st Dist. Ct. App. Jul 21, 2022). and viability.^[3]FLA. STAT. § 390.01112; see also, id. § 390.0111 (third trimester ban). Florida has a permanently enjoined method ban that was found to include D&E, D&X, and labor induction procedures.^[4]See A Choice for Women v. Butterworth, 54 F. Supp. 2d 1148, 1154-55 (S.D. Fla. 1998) (finding that FLA. STAT. § 390.0111(5) unduly burdens patients seeking a D&E, labor induction, or D&X … Continue reading Pregnant people who seek abortion care must undergo a twenty-four-hour mandatory waiting period, biased counseling, and an ultrasound.^[5]Fla. Stat. § 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 … Continue reading Florida also limits public funding for abortion,^[6]FLA. ADMIN. CODE r. § 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 … Continue reading and generally prohibits policies sold on the state’s health-care exchange from covering abortion.^[7]FLA. STAT. § 627.64995. The Florida Constitution expressly authorizes parental notification for minors.^[8]FLA. CONST. art. X, § 22. Florida law generally requires that a parent or legal guardian be notified and consent prior to a minor’s abortion;^[9]Id. § 390.01114(4)-(5). alternatively a judge can approve a minor’s petition without parental notification and consent.^[10]Id. § 390.01114(6).

Florida’s targeted regulation of abortion providers (TRAP) laws include requirements related to facilities that provide second-trimester procedures,^[11]FLA. ADMIN. CODE r. 59A-9.022. admitting privileges or, alternatively, transfer agreements,^[12]Id. 59A-9.023. and recordkeeping.^[13]FLA. STAT. § 390.01112. State law restricts the provision of abortion care to licensed physicians.^[14]Id. § 390.0111(2); FLA. ADMIN. CODE r. 59A-9.023. Florida enacted a telemedicine ban for the provision of abortion care, however, it will not go into effect until the six-week ban goes into effect.^[15]FLA. STAT. § 390.0111(d)(2). Providers who violate Florida’s abortion restrictions may face civil and criminal penalties.^[16]See, e.g., FLA. STAT. § 390.0111(10)-(11).

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.^[17]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 … Continue reading Previously, Florida law included constitutional protections for abortion as part of the state’s fundamental right to privacy.^[18]FLA. CONST. art. I, § 23. See Gainesville Woman Care v. State, 210 So. 3d 1243, 1254 (Fla. 2017) (“Florida’s constitutional right of privacy encompasses a woman’s right to choose to … Continue reading 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.^[19] Planned Parenthood of S.W. and Central Fla. et al. v. Florida, 384 So.3d 67, 71 (Fla. Apr. 1, 2024).

In 2024, Amendment 4 will appear on the Florida ballot, proposing to amend the state constitution to prohibit government interference with the right to abortion, and any law that prohibits, penalizes, delays, or restricts abortion prior to viability.^[20]Advisory Opinion to the Attorney General re. Limiting Government Interference with Abortion, No. SC2023-1392 (Fla. Apr. 1, 2024).

Post-Roe Prohibitions

Florida repealed its pre-Roe bans in 1972.^[21]FLA. STAT. §§ 782.10, 797.01, repealed by 1972 Fla. Laws ch. 72-196, § 9; see also State v. Barquet, 262 So. 2d 431, 438 (Fla. 1972) (holding that FLA. STAT. § 782.10 and § 797.01 violate the … Continue reading

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.