Florida's Abortion Trigger Law: What You Need To Know

Florida does not have a trigger law, which would ban abortion almost immediately after Roe v. Wade was overturned. However, abortion laws in the state have been restrictive, with a 15-week ban in place since July 2022, with no exceptions for rape or incest. In May 2024, a six-week abortion ban was implemented, and the state's conservative Supreme Court ruled that the state's constitution does not protect abortion rights. Florida is set to vote on Amendment 4 in November 2024, which would amend the state's constitution to protect abortion rights and prohibit government interference before viability.

Florida's abortion laws

Florida does not have a trigger law for abortion. However, the state does have several laws and regulations in place that restrict abortion access.

On May 1, 2024, Florida enacted a six-week abortion ban, which means abortions can only be performed if certain conditions are met. These conditions include situations where the pregnancy is the result of rape, incest, or human trafficking, and the patient must provide a copy of a restraining order, police report, or other documentation as evidence. Another condition is if two physicians certify that there is a fatal fetal abnormality, or if the abortion is deemed necessary to save the pregnant person's life or avert a serious risk of substantial and irreversible physical injury.

Prior to the six-week ban, Florida had a 15-week abortion ban in place, which was set to take effect on July 1, 2022. This law allowed for exceptions if carrying the pregnancy to term would result in serious injury or death to the mother, or if the fetus had a fatal abnormality. There were no exceptions for pregnancies caused by rape or incest. Additionally, Florida law requires a 24-hour waiting period for abortions and mandates that minors must notify at least one parent 48 hours before an abortion and obtain consent from a parent or approval from a judge.

The state's abortion laws have faced legal challenges, with lawsuits arguing that the restrictions violate the state constitution's privacy amendment and religious freedom. While Florida's Constitution has a unique right to privacy that was once interpreted to extend to abortion, the state Supreme Court ruled in 2024 that there is no clear right to abortion as part of the state Constitution's privacy clause.

In November 2024, Floridians will vote on Amendment 4, which proposes to amend the state constitution to prohibit government interference with the right to abortion prior to fetal viability. This amendment aims to protect Floridians' freedom to access abortion and enshrine abortion rights into the state constitution.

The six-week abortion ban

Florida does not have a trigger law for abortion. However, the state has implemented a six-week abortion ban, which came into effect in May 2024, replacing the previous 15-week ban. This ban is one of the most severe anti-abortion laws in the country, as it falls within a period where many women are unaware of their pregnancy. The ban has been celebrated by anti-abortion campaigners as a victory in the battle over abortion access.

The new law includes limited exceptions, allowing abortions in cases of rape, incest, human trafficking, fatal foetal abnormalities, and to protect the life of the mother. However, the exceptions are contingent on providing documentation, such as medical records or police reports, and finding a hospital or medical provider willing to perform the procedure.

The ban also imposes additional requirements on patients, mandating two in-person appointments spaced at least 24 hours apart. This constraint, within the already restricted time window, presents a significant challenge for those seeking abortions. The combination of the ban and these additional requirements has been described as making it "virtually impossible" for individuals to access timely care.

The implementation of the six-week abortion ban in Florida has significant implications for abortion access, particularly in the southern region of the United States. It has sparked a heated debate between anti-abortion and pro-choice activists, with the latter hoping to un-do the ban through a ballot initiative known as Amendment 4, which will be voted on in November 2024.

Amendment 4

> "...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."

Floridians Protecting Freedom, a statewide campaign of allied organizations and citizens, is sponsoring the initiative. The campaign argues that "all Floridians deserve the freedom to make personal medical decisions, free of government intrusion." Supporters of the initiative include the ACLU of Florida, Planned Parenthood, Florida Women's Freedom Coalition, and others.

Opponents of the initiative include Florida Voters Against Extremism, Keep Florida Pro Life, Do No Harm Florida, and Life First PC. They argue that the amendment does not require a medical doctor to determine the necessity of an abortion and would eliminate the current law that requires parental consent for minors.

The debate around Amendment 4 has sparked investigations into petition circulators and signers, a lawsuit against the Florida Agency for Health Care Administration for its advertisements and webpage opposing the amendment, and commentary on its potential impact on the 2024 elections.

Trigger laws

Florida, however, does not have a trigger law. Prior to the overturning of Roe v. Wade, abortion was legal in Florida up to 24 weeks of pregnancy. Following the Supreme Court's decision, a new law went into effect on July 1, 2022, banning abortion after 15 weeks of pregnancy. There are exceptions to this ban if carrying the pregnancy to term would result in serious injury or death for the mother, or if the fetus has a fatal abnormality. There are no exceptions made for pregnancies caused by rape or incest.

In addition to the 15-week ban, Florida also has several other abortion restrictions in place. For example, individuals seeking an abortion must wait 24 hours after an initial doctor's visit before returning to undergo the procedure. Minors seeking an abortion must notify at least one parent 48 hours in advance and obtain consent from a parent or approval from a judge.

While Florida does not have a trigger law, the state's governor, Ron DeSantis, has indicated that the state will "continue to defend" its recent laws and "work to expand pro-life protections".

Roe v. Wade

The Supreme Court's decision in Roe v. Wade was among the most controversial in U.S. history. The ruling stated that the Due Process Clause of the Fourteenth Amendment to the United States Constitution provides a fundamental "right to privacy", which protects a pregnant woman's right to an abortion. It also held that the right to abortion is not absolute and must be balanced against the government's interests in protecting women's health and prenatal life.

In June 2022, the Supreme Court overruled Roe v. Wade in Dobbs v. Jackson Women's Health Organization, ending the constitutional right to abortion. Following this decision, states such as Florida were left to dictate the extent to which the procedure is legal. While Florida does not have a trigger law, which would ban abortion almost immediately after Roe v. Wade is overturned, it does have laws restricting abortion access. For example, Florida bans abortion after 15 weeks of pregnancy and requires a person seeking an abortion to wait 24 hours after an initial doctor's visit before the procedure can be carried out.

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