On May 1, 2024, Florida's near-total abortion ban went into effect.
The ban, which outlaws abortions after 6 weeks, was passed by the Florida Legislature and signed by Gov. DeSantis last year. The current ban replaced the state's 15-week abortion ban, which was approved more than two years ago.
Florida's current ban has no real exceptions for rape, incest, or the health of the patient. It bans abortion before many people even realize they are pregnant, and before many pregnancies can be detected on an ultrasound. It means doctors risk prison time just for treating the patient in front of them.
This guide provides answers to frequently asked questions about abortion access in Florida.
Who does the abortion ban affect? This abortion ban will apply to anyone who is pregnant in Florida.
I’ve heard it called a “6-week abortion ban,” does that mean that I can access an abortion up to six weeks after learning I’m pregnant? No. This ban outlaws abortion before many people even realize they are pregnant, and often before a pregnancy can be detected on an ultrasound.
Can I access an abortion up to six weeks after I was impregnated (conception)? No. This ban starts the clock on the first day of your last menstrual period, not from conception. Under Florida law, you are considered “6 weeks pregnant” about two weeks after you have missed your period if your periods are regular. Since a limited number of doctors will provide abortions in Florida, it may be difficult for most people to obtain the two state-mandated in-person doctor appointments, which must be at least 24 hours apart, in order to have an abortion.
What if I don’t know I’m pregnant within that time frame? It will be illegal for most people to access an abortion in Florida if they don’t know they are pregnant within this time frame. The vast majority of people will be required to carry pregnancies to term or to travel out of state to obtain an abortion. If you or someone you know needs an abortion, more information is available at IneedanA.com.
Does Florida’s abortion ban apply to medication abortions (the abortion pill) as well as the abortion procedure? Yes.
Under Florida’s abortion ban, is it a crime for abortion medication pills to be sent through the mail? Florida’s extreme abortion ban requires that abortion medication be dispensed in person by a physician and not through the mail. It is unclear at this point how law enforcement and prosecutors will enforce this provision and how Florida courts will interpret it.
Does Florida’s abortion ban have exceptions for victims of rape, incest, and human trafficking to get an abortion? Florida’s abortion ban makes it difficult for survivors of rape, incest and human trafficking to access an abortion in Florida. Under the ban, survivors of rape, incest, and human trafficking are required to provide documentation of their assault, and if they don’t, they will be required to carry and give birth. There are no exceptions for rape, incest or human trafficking after the fifteenth week of pregnancy.
Are there exceptions in the law to protect the health of a pregnant patient? According to medical professionals, these inaccessible exceptions endanger patients' health, safety, and future fertility. Already, there have been several instances of pregnant women in emergency situations being required to wait for medical care or to carry nonviable pregnancies to term.
Does Florida law criminalize abortion or just prohibit it? Florida’s ban makes it a felony crime for doctors to perform an abortion, with criminal penalties of up to five years in prison and fines of up to $5,000 for violating this ban.
Where can I find additional resources? Visit IneedanA.com for up-to-date information on where you can safely access abortion services.
I’ve heard that there’s an Amendment that will be on the ballot this November that may affect abortion access in Florida, can you tell me about that Amendment? Yes, this November 2024, the “Amendment to Limit Government Interference with Abortion” will be on your ballot. It is called “Amendment 4” and voters will be able to vote YES or NO on the amendment.
What is Amendment 4? Amendment 4 is a citizen-initiated ballot initiative regarding abortion access that will appear on your ballot in the November 5, 2024 election.
What will Amendment 4 do if it passes? It will limit government interference with abortion in Florida.
What impact will Amendment 4 have on Florida’s abortion ban? Amendment 4 will void Florida’s abortion ban.
If Amendment 4 passes, when will it go into effect? If Amendment 4 passes, it will go into effect Tuesday, January 7, 2025.
What does a “YES” vote for Amendment 4 mean? A “YES” vote means that abortion will be legal before viability or when necessary to protect a patient’s health, as determined by their healthcare provider.
What does a “NO” vote for Amendment 4 mean? A “NO” vote means that Florida’s abortion ban will remain in effect.
What is the exact title and language of Amendment 4 that will appear on our ballot? The ballot title is: “Amendment to Limit Government Interference with Abortion.” The ballot summary you will see on your November 2024 ballot is: “No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.
How many voters are needed to pass Amendment 4? Amendment 4 requires 60% of voters voting on the Amendment to vote YES in order to pass.
What will happen if Amendment 4 does not pass in November 2024? Florida’s abortion ban will stay in effect, most pregnant people to carry pregnancies to term.
How do I know if I’m already registered to vote in the November 2024 election? You can check your registration status at https://registertovoteflorida.gov by clicking on “Am I Already Registered.”
