Florida's Amendment 4 has put a spotlight on the state's current six-week abortion laws

The Florida ballot for the Nov. 5 general election is gathering a lot of attention as Sunshine State residents will have more to vote for than just who will represent them in the Oval Office and their local offices.

There are six constitutional amendments to be decided, which cover everything from abortion to legalizing recreational marijuana.

Amendment 4, which seeks to enshrine abortion rights in the Florida constitution, is one of the most contentious measures. The amendment has also put a spotlight on Florida’s current abortion law, which bans the procedure past six weeks.

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Here’s what to know about Florida’s abortion laws.

What is the current law on abortion in Florida?

Abortion is outlined in Florida Statutes Section 390.011. Here is the general idea:

1. Florida currently bans abortions after six weeks of pregnancy.
2. An abortion can only be performed or induced in person by a physician. Physicians can’t use telehealth services, and any abortion medications must be dispensed in person by a physician.
3. The abortion must be voluntary and have informed written consent of the pregnant woman, or her court-appointed guardian in the case of a “mental incompetent.”

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What does Florida’s six-week abortion ban mean?

The phrase “six-week abortion ban” can seem a little vague at first. Does that mean six weeks after a person finds out they are pregnant or six weeks after conception? The answer is neither.

Under Florida’s Heartbeat Protection Act, which is the current abortion law, the six-week clock starts on the first day of the person’s last menstrual period. That means a woman is already at the six-week mark, just two weeks after she has missed her period, assuming they have a regular cycle.

Does Florida’s abortion laws have exemptions?

There are four exemptions to the first paragraph of Florida’s abortion law, which prohibits the procedure after six weeks:

1. Two physicians have to certify in writing that the termination is necessary to save the pregnant woman’s life or avert a “serious risk of substantial and irreversible physical impairment of a major bodily function” of the woman, not including psychological conditions.
2. A single physician can certify in writing the above if another physician is not available for consultation.
3. Two physicians certify in writing that the fetus has a fatal fetal abnormality. The pregnancy must not yet have progressed into the third trimester.
4. The pregnancy is a result of rape, incest or human trafficking, and the gestational age of the fetus is not more than 15 weeks, as determined by the physician. The woman must provide a copy of a restraining order, police report, medical record or other documentation providing evidence that the baby is a product of the above.

When did Florida’s six-week abortion ban go into effect?

Florida’s six-week abortion ban went into effect on May 1, 2024.

What are the fines for performing an abortion after six weeks?

Florida’s law makes it a felony crime for physicians to perform an abortion after the six-week period. Penalties can carry up to five years in prison and fines of up to $5,000.

What do doctors say about Florida’s six-week abortion ban?

There are doctors who support and oppose Florida’s six-week abortion ban.

Florida Physicians to Endorse Amendment 4 recently spoke out in support of Amendment 4, saying that abortion bans like Florida’s are dangerous for patients.

ACLU Florida has pointed to several instances of women in emergency situations being required to wait for medical care or to carry nonviable pregnancies to term since Florida’s six-week abortion ban went into effect.

Opponents of Amendment 4 say that the bill is too vague and fails to define terms like “patient’s health” and “healthcare provider,” despite these terms being defined or described throughout Florida Statutes.

“By failing to define terms such as patients’ health and healthcare provider, Amendment 4 will codify the right to abortion for all nine months for basically any reason on the recommendation of an undefined healthcare provider, not a doctor,” Dr. Kathi Aultman, a retired Florida and obstetrician and associate scholar with the Charlotte Lozier Institute, said at a news conference held with Gov. Ron DeSantis in Jacksonville last week.

Aultman alludes to Amendment 4’s wording, which does not describe viability. Florida Statutes Section 390.011 defines viability as the “stage of fetal development when the life of a fetus is sustainable outside the womb through standard medical measures.”

Florida’s Amendment 4 explained

Florida’s Amendment 4 is all about enshrining abortion rights in the state’s constitution. In simple terms, it seeks to limit the government from interfering with a patient’s right to an abortion, leaving the choice up to the patient and their healthcare provider.

Here’s the full text:

“Limiting government interference with abortion. — Except as provided in Article X, Section 22, 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.”

What does voting “yes” on Amendment 4 mean?

Voting yes on Florida Amendment 4 would make abortion legal until fetal viability, which is generally considered to be around 23-24 weeks. It would also allow abortions when necessary to protect a patient’s health, as determined by a health care provider.

What does voting “no” on Amendment 4 mean?

Voting no on Florida Amendment 4 would leave abortions illegal in Florida after 6 weeks unless two physicians are willing to state that the pregnant person would die without one.