Florida Abortion Laws

Abortion is legal in Florida until the fetus reaches a gestational age of 15 weeks. After that, abortion is legal if necessary to save the pregnant woman's life or to avert a serious risk of substantial and irreversible physical impairment of a major bodily function other than a psychological condition. Before viability, abortion is also legal in cases of fatal fetal abnormality.

However, the Florida Supreme Court's 6-1 decision in Planned Parenthood of Southwest and Central Florida v. State of Florida, released on April 1, 2024, ignored a great deal of precedent and will lead to the state's adoption of a stricter six-week abortion ban passed by the Florida legislature in 2023.

The option for expanded abortion rights has been placed on the November ballot in 2024, allowing Florida voters the opportunity to have their voices heard.

Florida Abortion Law After Dobbs

In Dobbs v. Jackson Women's Health Organization (2022), the U.S. Supreme Court overruled Roe v. Wade, the case that had recognized a federal constitutional right to abortion for decades. The Court's decision caused a dramatic change in reproductive rights law, returning to the states the power to regulate and even prohibit abortion. As a result, state abortion laws vary.

Florida's current abortion ban is more restrictive than the laws of most states.

State Privacy Right

A key issue in the state's recent litigation over abortion was the right to privacy granted in the Florida Constitution. That section of the state constitution provides that every natural person has the right to be let alone and free from governmental intrusion into the person's private life except as provided herein.

The state supreme court had previously issued rulings declaring that the state right to privacy included a pre-viability right to abortion. A more conservative state supreme court reversed course in 2024. It concluded that the state privacy clause, passed in 1980 by Florida voters, does not include any protection for a woman's decision related to abortion.

Florida's Recent Abortion Bans

In 2022, anticipating the fall of Roe, Florida lawmakers enacted a 15-week abortion ban. Under the law, only a physician can perform or induce an abortion.

Unless there is a medical emergency, a physician must meet with the patient in person at least 24 hours before the procedure or treatment and provide information on the risks related to abortion and carrying the pregnancy to term. They must determine the gestational age of the fetus and conduct an ultrasound test.

To perform or induce an abortion after 15 weeks of pregnancy requires certification of the necessity of the abortion.

State law defines necessity as when two physicians certify that the abortion is necessary to save the pregnant woman's life or to avert a serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman other than a psychological condition.

In a medical emergency, one physician may certify the necessity. An exception is also permitted when the fetus has a fatal fetal abnormality and the pregnancy has not reached viability.

In 2023, Florida's Republican-dominated state legislature passed an even stricter law. In light of the Florida Supreme Court's recent decision, a six-week abortion ban will take effect in the weeks to come.

At six weeks into a pregnancy, many women may not be aware they are pregnant. The time frame in the law is based on the state legislature's finding that a fetus has a detectable heartbeat at six weeks. This conclusion contradicts scientific evidence that a fetal heart is not formed until 10-12 weeks.

The six-week ban adds exceptions for victims of rape, incest, or human trafficking, but only if a police report is filed before 15 weeks of pregnancy.

The 2023 abortion law bans the use of telehealth services in abortion cases. It also requires a physician to dispense abortion medications in person and not through the use of a courier or mail service.

These drastic changes in the law will largely end legal abortion access in Florida. Abortion clinics and health care providers will be severely limited in what reproductive health services they can provide. As a result, women seeking to terminate a pregnancy may need to travel hundreds of miles to do so.

Ballot Initiative

Those who support abortion rights anticipated the need to seek protections outside the state legislature. They collected petition signatures to place the issue of abortion access on the statewide ballot in 2024.

The group behind the amendment proposal, Floridians Protecting Freedom, states that if passed the amendment will permit legal abortion up to the time of fetal viability.

The state attorney general filed a lawsuit to block the ballot referendum. In its written opinion released on April 1, 2024, the Florida Supreme Court ruled that the ballot initiative can go forward. This will give voters the final say on the legality of abortion in their state.

Gov. Ron DeSantis and Attorney General Ashley Moody, both members of the Florida GOP, support the new abortion bans and oppose the ballot initiative.

To undo the abortion bans and return privacy to the abortion decision, 60% of Florida voters must vote to pass the abortion amendment to the state constitution.

This area of law remains fluid and in a constant state of flux.

Florida Abortion Laws at a Glance

The table below lists the basic provisions of Florida's abortion laws. See Abortion Laws and Abortion Rights FAQ to learn more.

Note: State laws are constantly changing -- contact a Florida healthcare attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.

How Florida Compares to Other States

Florida's current 15-week abortion ban curtails the right to abortion early in the second trimester. Over 30 states permit legal abortion beyond that point. Most states permit legal abortion up to viability, which is around the start of the third trimester.

Once Florida's 6-week abortion ban takes effect, it will join some 14 other states, most in the South, that have near-total abortion bans. In neighboring Alabama, abortion is illegal unless necessary to preserve the life of the pregnant woman or to prevent serious risk of a substantial physical impairment of a major bodily function.

A Note About Medication Abortion

In a 2023 study, the Guttmacher Institute concluded that some 63 percent of abortions in the U.S. come from mediation abortion. The use of abortion pills most often involves a two-drug regimen, using mifepristone and misoprostol.

Although the Food and Drug Administration (FDA) approved the use of these drugs over 20 years ago, abortion opponents filed a court challenge to the use of mifepristone in Texas in 2022. They sought to overturn FDA actions approving the drug and loosening rules related to its prescription and distribution.

At the same time, several states without harsh abortion restrictions sought to maintain access to mifepristone for patients.

The U.S. Supreme Court placed a hold on lower court rulings at this time. It has held hearings on these cases and a decision is expected in 2024.

Related Resources for Florida Abortion Laws:

• Florida Statutes
• Florida Legal Research
• Official State Codes - Links to the official online statutes (laws) in all 50 states and D.C.
• State Abortion Laws - FindLaw's guide to the abortion laws in all 50 states and D.C.
• Healthcare Law

Have Concerns About Florida Abortion Laws? Talk to a Local Attorney

If you have concerns about Florida abortion laws or need to know what reproductive healthcare remains available to you in Florida, consider seeking legal advice. Contact an experienced healthcare lawyer or family law attorney in Florida today.