In Florida
After Roe, abortion is illegal after a fetal heartbeat can be detected. Hear from Florida Family Policy Council about what’s at stake, and how you can be part of the fight for life. Then, keep reading to find out more about your state’s post-Roe abortion laws.
After Roe, states have an even greater responsibility to protect life. Partner with your state’s family policy council to ensure that your state is pro-life, from conception all the way to natural death!
THE BIG QUESTION
After Roe, does my state ban nearly all abortions or allow nearly all abortions?
After Roe, Florida bans abortions after a fetal heartbeat can be detected. S.B. 300, 125th Reg. Sess. (Fla. 2023). However, the Florida Supreme Court invented an “abortion right” in 1989 in the case In Re T.W., A Minor, which puts all abortion limitations in Florida at risk. This means that the fight for life is not over in Florida. Learn about Florida’s other abortion restrictions below.
WHAT’S NEXT
What is my state’s next step in the fight for life, now that Roe is overturned?
Florida will have three top priorities now that Roe is overturned.
1. To care for women by increasing support and funding for Florida’s 200 pregnancy centers and to encourage the state to use funding from abortion providers to create full medical centers at pregnancy centers.
2. To increase regulation of chemical abortions by requiring dispensaries to be certified like all other controlled substance dispensaries.
3. To monitor and enforce abortion laws. We will expose and encourage the prosecution of abortion providers who are violating or sidestepping the laws by providing illegal abortions.
MORE ABOUT YOUR STATE’S ABORTION LAWS
Below, we’ve summarized what abortion laws are in your state after Roe.
Abortion Limits, Exceptions and Enforcement
If my state won’t ban all abortions, what are the limits to abortion?
Abortion is illegal after a fetal heartbeat can be detected (6 weeks’ gestation). S.B. 300, 125th Reg. Sess. (Fla. 2023).
Florida also has 15-week abortion bans. H.B. 5, 124th Reg. Sess. (Fla. 2022); Fla. Stat. § 390.0111(1) (2021).
Partial-birth abortions are also banned in Florida. Fla. Stat. § 390.0111(5) (2021); Fla. Stat. Ann. § 782.34.
Are there any exceptions to those limitations placed on abortion?
Yes: The heartbeat ban contains exceptions for when two physicians certify that the abortion is necessary to save the mother’s life or avert a serious risk of imminent substantial and irreversible physical impairment of a major bodily function of the mother. There is also an exception for if the child is less than 15 weeks old and the pregnancy resulted from rape or incest. S.B. 300, 125th Reg. Sess. (Fla. 2023).
Abortions are allowed after 15 weeks only to save the mother’s life or prevent physical impairment. Two physicians must provide written certification that the procedure is necessary. H.B. 5, 124th Reg. Sess. (Fla. 2022); Fla. Stat. § 390.0111(1)(a)-(b) (2021); Fla. Stat. Ann. § 390.01112.
What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?
Violations of the heartbeat ban are a 3rd degree felony. B. 300, 125th Reg. Sess. (Fla. 2023).
Performing an abortion after the first two trimesters is a third-degree felony, which is punishable by up to 5 years in prison and up to $5,000 in fines. Fla. Stat. § 390.0111(10)(a) (2021).
If the violation results in the mother’s death, it is a second-degree felony. Fla. Stat. § 390.0111(10)(b) (2021).
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
The unborn child’s father or maternal grandparents (the mother’s parents, if the mother is a minor) may obtain relief for a violation of the partial-birth abortion ban. At this time, Florida law does not grant the unborn child’s mother the right to sue for relief. Fla. Stat. § 390.0111(11) (2021).
Does my state impose a special medical standard of care on abortion providers?
Yes: The physician must preserve the life of the fetus unless this objective is in conflict with preserving the health of the mother. Fla. Stat. § 390.0111(4) (2021).
Protecting Fundamental Rights
Does my state give parents the right to consent for their child to get an abortion?
Yes: The written consent of at least one parent is required. In the alternative, without parental consent, a judge must determine that the minor is mature enough to make the decision. A standard of “actual notice” is also required, meaning the parent must be told directly, either in person or over the phone. Fla. Stat. § 390.01114(4)(a) (2021).
There is an exception in the case of a medical emergency if the physician believes, in good faith, that there is not sufficient time to comply with the notice requirements. Fla. Stat. § 390.0111(4)(4)(b) (2021).
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Yes: No disciplinary or recriminatory action may be brought against an employee who refuses to participate in an abortion. Fla. Stat. § 390.0111(8).
Are there legal protections for babies born alive following a botched abortion in my state?
Yes: Infants born alive are granted the same rights as any other child born alive. Fla. Stat. § 390.0111(12) (2021).
Safety & Health of Women
Does an abortion have to be provided by a licensed physician in my state?
Yes. Fla. Stat. § 390.0111(2) (2021).
Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?
Yes, a physician is required to receive the voluntary and informed written consent of a pregnant women before performing an abortion. Fla. Stat. § 390.0111(3) (2021).
Does my state place any waiting requirement on abortion so that a mother has more time to decide?
Yes: A 24-hour waiting period is required Fla. Stat. § 390.0111(3)(a)(1) (2021).
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