In Florida
After Roe, abortion will be illegal after the 15th week of pregnancy. 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 what abortion law would be in your state after Roe.
After Roe, states will 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!
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THE BIG QUESTION
After Roe, will my state ban nearly all abortions or allow nearly all abortions?
After Roe, Florida will ban abortions after the 15th week of pregnancy. 2022 Bill Text FL H.B. 5. However, the Florida Supreme Court invented an “abortion right” in 1989 in the case In Re T.W., A Minor, meaning the fight for life will not be over in Florida once Roe is overturned. Learn about Florida’s other abortion restrictions below.
WHAT’S NEXT
What is my state’s next step in the fight for life, once Roe is overturned?
Florida will have four top priorities after Roe is overturned.
- The policy priority will be to pass a Heartbeat bill in Florida protecting unborn children after six weeks of pregnancy.
- The priority to care for women will be increased support and funding for Florida’s 200 pregnancy centers and encourage the state to use funding from abortion providers to encourage the creation of full medical centers at pregnancy centers.
- Increase regulation of chemical abortions requiring the certifications of dispensaries like any other controlled substance.
- The final priority will be the monitoring and the enforcement of 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 would be in your state after Roe.
Abortion Limits, Exceptions and Enforcement
Limitations on abortions
If my state won’t ban all abortions, what are the limits to abortion?
Abortion is illegal after the 15th week of pregnancy. 2022 Bill Text FL H.B. 5.
Abortion is illegal after the first two trimesters, with exceptions. (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.
Exceptions to any limitations
Are there any exceptions to those limitations placed on abortion?
Yes: 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. 2022 Bill Text FL H.B. 5. Fla. Stat. § 390.0111(1)(a)-(b) (2021).
Partial-birth abortions are permitted as a last resort to save the mother’s life. Fla. Stat. § 390.0111(5) (2021).
Penalties for performing an illegal abortion
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)?
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))
Enforcement
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))
Special standards of care
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
Parents
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))
Medical professionals
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)).
Babies Born Alive
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
Physician-only requirement
Does an abortion have to be provided by a licensed physician in my state?
Informed consent
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: Written consent by the mother is required. (Fla. Stat. § 390.0111(3) (2021))
Waiting period
Does my state place any waiting requirement on abortion so that a mother has more time to decide?
Yes: A 24-hour waiting period (Fla. Stat. § 390.0111(3)(a)(1) (2021)). The 24-hour waiting period law has been enjoined (stopped) by a judge and is currently being litigated in state court.