The status of abortion in the United States can be confusing. Since the US Supreme Court overturned Roe v. Wade on June 24, 2022, allowing each state to create their own abortion laws, Florida—among other states—has experienced a ping-pong contest regarding this issue.
What is the status of abortion in Florida? What are the state’s current laws regarding abortion? Can women still get an abortion in Florida?
History of Florida’s Abortion Laws
Prior to the 2022 decision in Dobbs v. Jackson Women’s Health Organization that overturned Roe v. Wade, Florida was considered an abortion hub, particularly for women living in southern states. In 2021, more than 79,800 abortions were performed in the state. A woman could receive an abortion up until 15 weeks gestation.
After the Supreme Court’s decision, Florida saw an increase in the number of abortions. More than 82,500 abortions were reported in Florida in 2022, and more than 84,000 abortions were reported in the state in 2023.
On May 1, 2024, the Heartbeat Protection Act went into effect, requiring doctors to check for a fetal heartbeat before performing abortions, effectively banning most abortions in Florida at or before six weeks of pregnancy.
Understanding Florida’s Current Abortion Law
The Heartbeat Protection Law includes a mandatory 24-hour waiting period, requiring patients to attend two in-person appointments, one for a consultation and the other for the procedure at least one day after the first appointment. The law also bans using telemedicine for abortions, a practice that has ramped up in the medical community and across the nation since the COVID-19 shutdown in 2020.
Chemical abortion accounts for more than 65% of all abortions in the US. Florida law bans telehealth for chemical or medical abortion. The drugs used, mifepristone and misoprostol, are to be dispensed in person by a doctor within the six-week window. It’s illegal to send such drugs through the mail or by other courier or shipping services.
An ultrasound is required to determine the gestational age of the preborn child before a medical or surgical abortion. Consent documents are also required. Leppard Law, a Florida attorney firm, states, “This includes obtaining voluntary and informed written consent from the woman, which involves providing detailed information about the procedure, alternatives, and risks at least 24 hours prior. The woman must also be offered the opportunity to view an ultrasound and hear an explanation, which she can decline by acknowledging in writing.”
There are exceptions to the 2024 law banning abortion after six weeks. These include:
- Cases of rape, incest, or human trafficking. Victims can receive an abortion through 15 weeks of pregnancy if they provide documentation, such as a police report or medical record. Healthcare providers may be required to report the crime in certain situations.
- To save the life of the mother or prevent substantial bodily harm to her. Two physicians are required to determine that an abortion is medically necessary.
- Fatal fetal abnormalities.
In 2024, the number of abortions decreased by more than 12,000 from the previous year, with over 64,800 abortions performed in the state last year.
Criminal Penalties
Can someone be prosecuted for performing or having an abortion after six weeks? The answer is ‘yes.’ According to Sammis Law Firm, based in Tampa, the law reads, “Any person who willfully performs, or actively participates in, a termination of pregnancy in violation of the requirements of this section commits a felony of the third degree . . .” This section of the law, the firm states, can apply not only to physicians or others who perform abortions, but also to the pregnant woman for participating in the abortion. Whether that logic would hold up in court will likely be determined in the future.
The penalties for breaking the Florida law on abortion include serving up to five years in prison and paying a fine of up to $5,000.
Leppard Law posted an article to help healthcare providers understand Florida’s abortion law through providing an in-depth look at the legal consequences of unlawful abortions and the medical necessity exemptions to the six-week window. In the post, the firm states, “The necessity of adhering to these detailed legal protocols cannot be overstated. Violations can lead to significant legal consequences, including criminal charges.” Although this firm didn’t address potential criminal charges against a pregnant woman participating in an abortion in Florida after six weeks, it did emphasize the importance of adhering to the law.
“These penalties underscore the importance of adhering to Florida’s strict abortion laws. Healthcare providers must be diligent in maintaining accurate records and ensuring all legal requirements are met to avoid these severe consequences,” the post states. It’s important to recognize this may apply not only to physicians and healthcare workers, but also to pregnant women and their families and friends.
Amendment 4
During the 2024 election, several states had initiatives regarding abortion and abortion rights on the ballots. One of those states was Florida.
Amendment 4 would have enshrined the right to an abortion in Florida’s state constitution. Although the measure received more than 57 percent of the vote, a ballot initiative needs 60 percent to pass. Amendment 4 was defeated.
2025 Status of Abortion in Florida
When the state legislature convened this year, a bill was introduce to repeal the six-week abortion window, despite a Republican majority. Co-sponsors cited the majority vote on Amendment 4 last year as a reason to discuss such a proposal.
During the 2025 legislative session, two bills were drafted by lawmakers to change certain aspects of the six-week abortion window exceptions, including:
- Revising the definition of the term “fatal fetal abnormality.”
- Requiring only one physician, rather than two, for making “specified medical determinations for purposes of specified medical exceptions to limitation” regarding the termination of pregnancies.
- Revising criteria for “specified medical exception.”
These measures, one in the House and the other in the Senate, received little to no action and have been “withdrawn from consideration,” according to the bills’ filings.
Conclusion
Pregnant women can obtain abortions in Florida during the six-week limitation. There are criminal penalties for violating the law, which could apply to pregnant women seeking an abortion after six weeks, as well as the physician performing or administering the abortion.
At PreBorn!, our mission is to save babies and souls. You can find a PreBorn! Network Clinic near you that provides support, guidance, and resources for pregnant women—especially those facing an unexpected pregnancy.
