{"schema":"abhortion.org/legislation.full/v1","id":"legality-us-fl","type":"legislation","level":"state","jurisdiction":"Florida","as_of_date":"2026-07-12","research_completed_date":"2026-07-12","headline":"Banned at 6 weeks LMP, enforced","summary":"Florida prohibits most abortions after 6 weeks from last menstrual period, measured before many people know they are pregnant; the ban is in full effect with narrow exceptions.","machine_readable_summary":{"legal_classification":"gestational_limit","gestational_limit_weeks":6,"limit_measured_from":"last_menstrual_period","abortion_currently_available":"severely_restricted","ban_or_limit_enjoined":false,"mother_expressly_exempt":false,"mother_prosecutable_in_practice":false,"self_managed_abortion_criminalized":"unclear","abortion_charged_as_homicide":false,"fetal_homicide_law":true,"fetal_wrongful_death_action":false,"personhood_language_in_law":true,"personhood_contradiction":true,"medication_abortion_distinct_status":true,"mailing_pills_banned":true,"method_bans":["d_and_e","d_and_x"],"telehealth_prescribing_allowed":false,"physician_only_law":true,"provider_max_penalty":"Third-degree felony, up to 5 years, $5,000 fine","helpers_criminally_exposed":true,"travel_assistance_criminalized":false,"civil_bounty_law":false,"shield_state":false,"waiting_period_hours":24,"state_scripted_counseling":true,"ultrasound_required":"mandatory_performed","in_person_visits_required":2,"parental_involvement":"consent_and_notification","judicial_bypass_available":true,"spousal_consent_or_notice_on_books":false,"medicaid_coverage":"hyde_only","private_insurance_restricted":true,"state_funding_posture":"defunds_providers","rape_incest_exception":true,"exceptions_present":["life","physical_health","rape","incest","fatal_fetal_anomaly","ectopic_miscarriage_carveout"],"major_pending_change":true},"links":{"html":"https://www.abhortion.org/legislation/fl.html","markdown":"https://www.abhortion.org/legislation/fl.md","summary_json":"https://www.abhortion.org/legislation/fl.json","full_json":"https://www.abhortion.org/legislation/fl-full.json","verbose_json":"https://www.abhortion.org/legislation/fl-verbose.json"},"overview":{"title":"Banned at 6 weeks LMP, enforced","summary":"Florida prohibits most abortions after 6 weeks from last menstrual period, measured before many people know they are pregnant; the ban is in full effect with narrow exceptions.","description":"Florida bans abortion after six weeks of pregnancy, measured from the first day of your last menstrual period — about two weeks after a missed period for someone with regular cycles. This means abortion is effectively inaccessible in Florida for most people who do not learn they are pregnant within a very short window. The ban has been fully enforced since May 1, 2024, after the Florida Supreme Court ruled that the state constitution's privacy clause does not protect abortion. In November 2024, 57% of Florida voters supported a constitutional amendment to protect abortion rights, but it fell short of the 60% threshold required to pass. There are narrow exceptions for life-threatening emergencies, certain physical health risks, fatal fetal abnormalities, and pregnancies resulting from rape, incest, or human trafficking (only until 15 weeks and only with documentation).","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"},{"name":"Florida Supreme Court","href":"https://supremecourt.flcourts.gov/content/download/2285280/opinion/Opinion_SC2022-1050"}]},"sections":{"definitions":{"title":"Termination of human pregnancy, broadly defined","summary":"Florida defines 'abortion' as 'the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus,' without express carve-outs for miscarriage management or IVF.","description":"Florida law defines abortion as ending a human pregnancy when the goal is not to produce a live birth or remove a fetus that has already died. The definition does not explicitly exclude miscarriage management (removing a dead fetus is already carved out), treatment of ectopic pregnancy, or IVF and embryos outside the womb. The law separately defines fatal fetal abnormality, born alive, medical abortion, partial-birth abortion, gestation (measured from the first day of the last menstrual period), and viability (when a fetus can survive outside the womb through standard medical measures).","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-011.html"}]},"current_status":{"title":"6-week ban enforced; no constitutional protection","summary":"Since May 1, 2024, Florida has enforced a 6-week gestational limit measured from LMP, with narrow exceptions; the Florida Supreme Court has definitively ruled that the state constitution's privacy clause does not protect abortion.","description":"As of May 1, 2024, Florida law prohibits abortion after six weeks of pregnancy, measured from the first day of the pregnant person's last menstrual period. Before six weeks, abortion is legal but must comply with all procedural requirements: the person must make two in-person visits at least 24 hours apart, receive state-mandated information, undergo an ultrasound, and receive the abortion from a physician in person. After six weeks, abortion is permitted only if: (1) two doctors certify it is necessary to save the pregnant person's life or prevent serious and irreversible physical impairment; (2) one doctor certifies a medical emergency and no second doctor is available; (3) two doctors certify, before the third trimester, that the fetus has a fatal abnormality; or (4) the pregnancy results from rape, incest, or human trafficking and is not past 15 weeks, with documentation. The Florida Supreme Court ruled in April 2024 that the state constitution's privacy clause — which had been interpreted since 1989 to protect abortion — does not actually include that right. Voters in November 2024 supported adding abortion rights to the constitution (57% yes) but did not reach the required 60% threshold.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"},{"name":"Florida Supreme Court","href":"https://supremecourt.flcourts.gov/content/download/2285280/opinion/Opinion_SC2022-1050"},{"name":"Florida Senate","href":"https://www.flsenate.gov/Session/Bill/2023/300"}]},"enforcement_status":{"title":"Fully enforced; no active injunction","summary":"The 6-week ban is in full effect with no current injunction; a prior method ban (covering D&E, D&X, and labor induction) is permanently enjoined, and the 24-hour waiting period is in effect after surviving state constitutional challenge.","description":"Florida's 6-week abortion ban is fully enforced — no court has blocked it. A separate earlier law that would have banned certain abortion methods like dilation and evacuation (D&E) was permanently blocked by a state court and remains unenforceable. The requirement that a patient wait 24 hours between receiving mandatory information and having the abortion is also in effect. The Florida Supreme Court's April 2024 ruling that the state constitution does not protect abortion means there is no longer a viable state constitutional challenge to the core ban.","verification":"semi_verified","confidence":"high","sources":[{"name":"Florida Department of Health via GovDelivery","href":"https://content.govdelivery.com/accounts/FLDOH/bulletins/3b6c604"},{"name":"ACLU","href":"https://www.aclu.org/cases/gainesville-woman-care-llc-v-state-florida"}]},"exceptions":{"life":{"title":"Life exception, two-physician certification","type":"life","summary":"Abortion is permitted at any gestational stage when two physicians certify it is necessary to save the pregnant woman's life, or one physician in an emergency when no second is available.","description":"If continuing a pregnancy threatens the pregnant person's life, an abortion can be performed at any point in the pregnancy. Normally two doctors must certify in writing that the abortion is needed to save the person's life. In an emergency where no second doctor is available, a single doctor can make that determination and proceed, but must document the reasons in the patient's medical record. The Florida Department of Health has issued guidance confirming that abortion is permissible at any stage to save the life and health of the mother.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"},{"name":"FDOH via GovDelivery","href":"https://content.govdelivery.com/accounts/FLDOH/bulletins/3b6c604"}]},"physical_health":{"title":"Physical health, two-physician certification","type":"physical_health","summary":"Abortion is permitted to avert 'serious risk of substantial and irreversible physical impairment of a major bodily function' with two-physician certification, excluding psychological conditions.","description":"An abortion can be performed if two doctors agree that continuing the pregnancy would cause serious, permanent damage to a major bodily function — for example, causing kidney failure or loss of fertility. This exception explicitly excludes mental health conditions. The law uses the phrase 'substantial and irreversible physical impairment of a major bodily function,' meaning something beyond a temporary or minor condition. In practice, the need for two physicians to certify and the ambiguous threshold have been criticized by medical professionals as creating dangerous delays in emergency care.","verification":"semi_verified","confidence":"medium","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]},"fatal_fetal_anomaly":{"title":"Fatal fetal anomaly, before third trimester","type":"fatal_fetal_anomaly","summary":"Abortion is permitted before the third trimester when two physicians certify the fetus has a terminal condition incompatible with life outside the womb resulting in death at or shortly after birth.","description":"If the fetus has a condition that means it cannot survive outside the womb and will die at birth or shortly after — a fatal fetal abnormality — an abortion can be performed, but only before the third trimester begins (about 24 weeks of pregnancy). Two doctors must certify the diagnosis in writing. After the third trimester begins, even a fatal fetal diagnosis does not permit abortion under this exception.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]},"rape":{"title":"Rape exception, 15 weeks, documentation required","type":"rape","summary":"Abortion for rape is permitted only up to 15 weeks gestational age and requires the pregnant person to provide a police report, restraining order, medical record, or other court order as documentation.","description":"A person who becomes pregnant through rape can get an abortion up to 15 weeks, but only if they provide documentation — a police report, restraining order, medical record, or other court document proving they are a victim of rape. This requirement can be a significant barrier for survivors who did not report their assault to law enforcement or who cannot obtain documentation within the narrow time window. After 15 weeks, the rape exception disappears entirely.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]},"incest":{"title":"Incest exception, 15 weeks, documentation required","type":"incest","summary":"Same as rape: abortion for a pregnancy resulting from incest is permitted only through 15 weeks gestational age and requires documentary proof.","description":"The incest exception works identically to the rape exception: abortion is allowed up to 15 weeks if the pregnant person provides documentation such as a police report or court order showing the pregnancy resulted from incest. After 15 weeks, there is no exception for incest.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]},"mental_health":{"title":"No mental health exception","type":"mental_health","summary":"Florida's abortion law contains no standalone mental health exception; the physical health exception expressly excludes psychological conditions.","description":"Florida law does not allow abortion based on mental health reasons. The law's health exception is limited to physical health and specifically says it does not apply to psychological conditions. A person whose mental health would be severely harmed by continuing a pregnancy has no legal pathway to an abortion in Florida under this law.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]},"ectopic_miscarriage_carveout":{"title":"Implicit: miscarriage and ectopic not 'abortion'","type":"ectopic_miscarriage_carveout","summary":"The statutory definition of abortion — termination of pregnancy with an intention other than to produce a live birth or to remove a dead fetus — implicitly excludes miscarriage management (removal of an already-dead fetus); ectopic pregnancy treatment is not expressly addressed but is not generally treated as abortion by Florida providers.","description":"Florida's legal definition of abortion does not include removing a fetus that has already died (such as in miscarriage management) or delivering a live child. Treatment for ectopic pregnancy — where the fertilized egg implants outside the uterus and cannot survive — is not expressly addressed in the abortion statute. Ectopic pregnancy is a life-threatening emergency, and Florida providers generally treat it without invoking the abortion law, though no court has formally clarified that ectopic treatment falls outside the statutory definition.","verification":"semi_verified","confidence":"medium","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-011.html"}]}},"methods":{"procedural_surgical":{"title":"Legal within 6-week window; method ban enjoined","summary":"Procedural abortion is legal through 6 weeks LMP; after that only under exceptions; a permanently enjoined state-court injunction blocks enforcement of a method ban that covered D&E, D&X, and labor induction.","description":"Surgical abortion is legal in Florida, but only up to six weeks of pregnancy for most people. After that, it is only available under the narrow exceptions. Florida also has a law banning a procedure called 'partial-birth abortion,' which a court ruled also covers standard dilation and evacuation (D&E) — the most common second-trimester method — as well as labor induction abortions. But that ban is permanently blocked by a court order and cannot be enforced. Since the 6-week ban already prohibits most abortions before these methods are typically used, the practical impact of the method ban being enjoined is limited.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"},{"name":"Center for Reproductive Rights","href":"https://reproductiverights.org/maps/abortion-laws-by-state/florida"}]},"medication":{"title":"Legal ≤6 weeks; in-person dispensing only","summary":"Medication abortion (mifepristone/misoprostol) is governed by the same 6-week limit, but with additional unique restrictions: it must be dispensed in person by a physician, may not be sent by mail or courier, and telehealth prescribing is prohibited.","description":"Medication abortion — using pills like mifepristone and misoprostol — is legal in Florida but subject to the same 6-week time limit. However, Florida imposes extra requirements on medication abortion that do not apply to all medical care: the pills must be given to the patient in person by a doctor, and they cannot be mailed. A doctor cannot prescribe abortion pills through a telehealth video visit. These rules make it harder to get medication abortion even within the narrow 6-week window, because the patient must physically travel to a doctor's office for both the counseling visit and to receive the medication.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]},"self_managed":{"title":"Mother not directly criminalized; gap uncertain","summary":"Florida's abortion statute does not criminalize the pregnant woman herself for obtaining or self-managing an abortion, except for a narrow conspiracy exemption in the partial-birth context; whether general aiding-and-abetting or drug laws could reach self-managed abortion is unresolved.","description":"Florida's abortion law does not make it a crime for a pregnant person to get an abortion or to end their own pregnancy. The law's penalties are aimed at anyone who 'willfully performs, or actively participates in, a termination of pregnancy' — language that could potentially include someone who self-manages, but has never been used that way against a pregnant person in Florida. The one place the law explicitly says the pregnant person cannot be prosecuted is for conspiracy related to a partial-birth abortion, which implies that without that specific shield, the question is at least open. Whether other Florida laws — like those against practicing medicine without a license or drug laws — could be used against someone who self-manages abortion is unclear and has not been tested in Florida courts.","verification":"semi_verified","confidence":"low","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]}},"actors":{"who_may_perform":{"title":"Physician only; admitting privileges required","summary":"Only a licensed physician may perform or induce an abortion; clinics must have admitting-privilege arrangements with a nearby hospital; advanced practice clinicians may not independently perform or prescribe abortions.","description":"In Florida, only a licensed medical doctor (MD) or osteopathic doctor (DO) can perform an abortion. Nurse practitioners, physician assistants, and certified nurse-midwives cannot perform abortions or prescribe abortion medication. Abortion clinics must also have arrangements in place so that their doctors can admit patients to a nearby hospital if something goes wrong. Abortions may only be performed in licensed abortion clinics, hospitals, or physician's offices that are not primarily used for abortions.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"},{"name":"Cornell Legal Information Institute","href":"https://www.law.cornell.edu/regulations/florida/Fla-Admin-Code-Ann-R-59A-9-023"}]},"criminal_civil_exposure":{"pregnant_woman":{"title":"Not exempted; no known prosecutions","summary":"Florida's abortion statute contains no general exemption shielding the pregnant woman from criminal liability; the only express exemption is for conspiracy to commit a partial-birth abortion, leaving the woman's exposure under the general penalty provision technically possible but unenforced in practice.","description":"Florida's abortion law does not clearly say that the pregnant person cannot be prosecuted. The law punishes 'any person' who 'willfully performs, or actively participates in' an illegal abortion, and the only place it specifically shields the pregnant person is for conspiracy to commit a partial-birth abortion. The fetal-homicide law does specifically say that only a person 'other than the mother' can be charged, which protects the pregnant person from being charged with murder or manslaughter for ending a pregnancy. In practice, Florida has not prosecuted pregnant women for obtaining or self-managing abortions, but the law's text does not guarantee that protection.","verification":"semi_verified","confidence":"medium","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xlvi-crimes/fl-st-sect-782-09.html"},{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]},"physician":{"title":"Third-degree felony; license discipline","summary":"A physician who knowingly performs an unlawful abortion faces third-degree felony charges (up to 5 years, $5,000 fine); if the woman dies, second-degree felony (up to 15 years); plus license revocation or suspension by the Board of Medicine.","description":"A doctor who performs an abortion that violates Florida law can be charged with a third-degree felony, which carries up to 5 years in prison and a $5,000 fine. If the patient dies as a result, the charge rises to a second-degree felony, carrying up to 15 years in prison. Beyond criminal penalties, the doctor can lose their medical license or face other discipline from the Florida Board of Medicine. The law also separately penalizes failure to comply with the informed-consent requirements.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]},"prescriber_pharmacist":{"title":"Non-physician prescribing prohibited","summary":"Only licensed physicians may perform or induce abortion, which includes prescribing abortion medication; non-physician prescribers (APRNs, PAs) are excluded; pharmacists who dispense abortion medication to a patient without an in-person physician encounter could face accomplice liability under the 'actively participates' language.","description":"Under Florida law, only a doctor can prescribe or provide abortion medication. Advanced practice nurses and physician assistants cannot legally prescribe abortion pills. A pharmacist who fills a prescription for abortion medication could theoretically face criminal charges as an accomplice, because the law punishes anyone who 'actively participates in' an unlawful abortion. Pharmacists filling prescriptions from out-of-state telehealth providers are in a particularly uncertain position, since Florida law requires in-person dispensing by a physician.","verification":"semi_verified","confidence":"medium","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]},"nurses_and_staff":{"title":"Staff at risk as active participants","summary":"Nurses, medical assistants, and other clinic staff who assist in performing an unlawful abortion face direct criminal exposure under the 'actively participates in' language of the third-degree felony penalty provision.","description":"Clinic staff — including nurses, medical assistants, and anyone else who helps with an abortion procedure — can be charged with a third-degree felony if the abortion violates Florida law. The law punishes anyone who 'actively participates in' an illegal termination of pregnancy. This means a nurse handing instruments to the doctor, a staff member scheduling the procedure, or anyone whose role goes beyond passive presence could potentially face criminal charges.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]},"other_helpers":{"title":"Broad accomplice liability possible","summary":"Anyone who pays for, drives to, or otherwise helps someone obtain an unlawful abortion could face felony liability as someone who 'actively participates in' the termination; Florida has no specific 'aiding and abetting abortion' statute, but the general 'actively participates in' language is broad.","description":"A friend who drives someone to an abortion clinic, a parent who pays for the procedure, or an employer who reimburses travel costs could potentially face criminal charges under Florida law. The statute punishes anyone who 'actively participates in' an illegal abortion, and this phrase could be interpreted to include people who provide money, transportation, or other practical help. Florida has no separate law specifically targeting abortion helpers, but there is also no law protecting them. The risk is highest for anyone who helps with an abortion that violates the 6-week ban or other restrictions.","verification":"semi_verified","confidence":"low","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]}}},"aiding_and_assisting":{"travel_assistance":{"title":"No travel ban or trafficking law","summary":"Florida has no statute criminalizing travel out of state for abortion or helping someone travel out of state; no 'abortion trafficking' law targets interstate travel assistance.","description":"Florida does not have a law that makes it a crime to travel to another state for an abortion, or to help someone else do so — unlike some other states with 'abortion trafficking' laws that target people who help minors cross state lines for abortion care. A parent, friend, or organization that funds or arranges travel for a Florida resident to obtain an abortion in another state where it is legal faces no specific criminal exposure under Florida law for that travel assistance alone. This is consistent with the U.S. Supreme Court's recognition in Dobbs that there is a constitutional right to interstate travel.","verification":"semi_verified","confidence":"high","sources":[{"name":"Justia","href":"https://supreme.justia.com/cases/federal/us/597/19-1392/"}]},"funding":{"title":"Funding exposes helpers to accomplice risk","summary":"Paying for an unlawful in-state abortion could expose the funder to accomplice liability under Florida's 'actively participates in' language and general accomplice statute; no specific statute targets abortion funds.","description":"If someone pays for an abortion that turns out to be illegal under Florida law — for example, one performed after six weeks without an applicable exception — the person who paid could potentially be charged as an accomplice. Florida has not passed a law specifically targeting abortion funds or organizations that help pay for abortion care. But the broad language making it a crime to 'actively participate in' an unlawful abortion means that financial assistance, combined with knowledge that the abortion is unlawful, could theoretically support a criminal charge. In practice, no Florida abortion fund or donor has been prosecuted.","verification":"semi_verified","confidence":"low","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]},"mailing_pills":{"title":"Mailing pills prohibited for providers","summary":"Florida law explicitly prohibits dispensing abortion medication through the mail or any courier service; a physician who mails pills to a Florida patient commits a third-degree felony.","description":"It is illegal in Florida to send abortion pills by mail or any delivery service. A doctor who mails abortion medication to a patient in Florida — whether from inside Florida or from another state — can be charged with a felony. The law requires that the pills be handed to the patient in person by a doctor. This directly conflicts with the FDA's current rules that allow mifepristone to be sent by mail, but until a court says otherwise, Florida's state law controls within Florida.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]},"providing_information":{"title":"Information provision: First Amendment shield","summary":"Providing information, referrals, or website links about abortion is likely protected by the First Amendment; no Florida statute specifically criminalizes giving abortion information, and any such attempt would face strict constitutional scrutiny.","description":"Telling someone where they can get an abortion, sharing a website link, or providing information about abortion options is not a crime in Florida. No Florida law makes it illegal to give someone information about abortion. Courts have generally ruled that the First Amendment protects speech about lawful activities — including abortion in states where it remains legal. So a friend, hotline volunteer, or organization that provides information about abortion should not face criminal exposure under current Florida law.","verification":"semi_verified","confidence":"high","sources":[{"name":"Justia","href":"https://supreme.justia.com/cases/federal/us/421/809/"}]},"civil_bounty":{"title":"No civil bounty law","summary":"Florida has no Texas SB8-style private civil enforcement mechanism; there is no statute authorizing private individuals to sue abortion providers or helpers for civil damages.","description":"Florida has not adopted a law like Texas's SB8 that allows private citizens to sue anyone who helps with an abortion. There is no way for a private person in Florida to file a civil lawsuit against an abortion provider or someone who helps a patient get an abortion, beyond ordinary tort law (like medical malpractice). The only civil cause of action in Florida's abortion chapter is for partial-birth abortion, which allows the father or maternal grandparents to sue, but that provision's underlying prohibition is permanently enjoined.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]}},"procedural_requirements":{"waiting_period":{"title":"24-hour mandatory delay","summary":"A 24-hour waiting period between in-person counseling and the abortion procedure is mandatory; this forces at least two in-person visits to the clinic or physician's office.","description":"Florida law requires that at least 24 hours pass between when a patient receives state-mandated information and when they can have an abortion. The information must be given in person by the doctor — it cannot be done by phone, video, or mail. This means anyone seeking an abortion in Florida must make at least two trips to the clinic: one for the counseling and one for the procedure. Combined with the 6-week time limit, this two-visit requirement makes it especially hard for people who have to travel long distances, take time off work, or arrange childcare.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]},"mandatory_counseling":{"title":"State-scripted materials required","summary":"Florida requires the Department of Health to produce and provide printed materials describing fetal development and listing alternatives to abortion; the physician must inform the patient about the materials and provide them if she chooses to view them.","description":"Before getting an abortion in Florida, the patient must be told about state-produced materials that describe fetal development at various stages and list organizations that offer alternatives to abortion, along with information about available medical assistance for prenatal care and childbirth. The patient does not have to view the materials but must be informed of their availability. The doctor must also verbally explain the nature and risks of the procedure and of carrying the pregnancy to term.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]},"ultrasound_requirement":{"title":"Ultrasound performed; viewing optional","summary":"An ultrasound must be performed to verify gestational age; the patient must be offered the opportunity to view the images and hear an explanation, but she has the right to decline.","description":"Florida law requires that an ultrasound be performed before an abortion to confirm how far along the pregnancy is. The patient must be given the chance to see the ultrasound images and hear them described by a medical professional, but she has the right to say no. If she declines, she must sign a form confirming she was offered the opportunity and declined of her own free will. Patients who are victims of rape, incest, domestic violence, or human trafficking can be exempted from the ultrasound-viewing requirement.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]},"in_person_visits":{"title":"At least 2 in-person visits required","summary":"The combination of the 24-hour in-person counseling requirement and the in-person procedure requirement forces at least two in-person visits for any abortion; medication abortion requires an additional in-person dispensing encounter.","description":"Because Florida requires (1) in-person counseling at least 24 hours before the procedure and (2) the abortion itself to be performed or the medication dispensed in person by a doctor, anyone seeking an abortion in Florida must visit a clinic or physician's office at least twice. For a medication abortion, the visits are functionally combined with the requirements: first visit for counseling and ultrasound, second visit (at least 24 hours later) for in-person dispensing of the pills. This two-trip requirement is especially burdensome within the 6-week window, which is already extremely narrow.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]}},"minors":{"parental_involvement":{"title":"Consent and notice: one parent","summary":"Florida requires both parental notice and notarized written consent from a parent or legal guardian before a minor's abortion; exceptions exist for medical emergency and judicial bypass.","description":"If you are under 18 in Florida, a parent or legal guardian must both be notified about and consent in writing to your abortion. The doctor must notify the parent at least 48 hours before the procedure. The parent's written consent must be notarized. If telling a parent is not safe — for example, if the minor is a victim of abuse — or if the minor is mature enough to make the decision alone, she can ask a judge for a judicial bypass, which allows her to get the abortion without parental involvement. In a medical emergency, the doctor can proceed without parental notice or consent. A 2025 Florida appellate court decision struck down part of the parental-consent law as unconstitutional, but the core consent-and-notice framework remains in effect while the litigation proceeds.","verification":"semi_verified","confidence":"high","sources":[{"name":"Online Sunshine","href":"https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399%2F0390%2FSections%2F0390.01114.html"}]},"judicial_bypass":{"title":"Bypass available; maturity/best interest standard","summary":"A minor can petition a circuit court for a waiver of parental notice and consent; the court must rule within 48 hours and the proceeding is confidential; the minor must show she is mature enough or that abortion is in her best interest.","description":"A pregnant minor who cannot or does not want to involve a parent can go to court and ask a judge for permission to get an abortion without parental involvement. This is called a judicial bypass. The judge must decide within 48 hours, and the case is kept confidential and sealed from public view. The minor needs to show either that she is mature enough to make the decision on her own, or that getting an abortion without telling her parent is in her best interest. If the judge denies the request, the minor can appeal. The court cannot charge a filing fee for the petition.","verification":"semi_verified","confidence":"high","sources":[{"name":"Online Sunshine","href":"https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399%2F0390%2FSections%2F0390.01114.html"}]}},"paternal_spousal_rights":{"consent_or_notice_laws":{"title":"No spousal consent or notice law","summary":"Florida has no statute requiring spousal consent or notice for abortion; the only paternal-rights provision in the abortion chapter is the civil action for partial-birth abortion, which is permanently enjoined.","description":"Florida does not require a married person to get their spouse's permission or even to notify their spouse before having an abortion. There is no spousal consent law on the books. The only provision giving a father or spouse any role in the abortion decision is the civil lawsuit provision for partial-birth abortion — and the ban on partial-birth abortion, along with this civil remedy, is permanently blocked by a court order.","verification":"semi_verified","confidence":"high","sources":[{"name":"Justia","href":"https://supreme.justia.com/cases/federal/us/428/52/"}]},"enforceability":{"title":"Post-Dobbs: Danforth still controls","summary":"Danforth and Casey remain binding Supreme Court precedent striking down spousal consent and notice requirements; even after Dobbs, no serious argument has prevailed that a state could re-enact such a requirement.","description":"Even though the U.S. Supreme Court reversed Roe v. Wade in 2022, the decisions striking down spousal consent and notice laws — Planned Parenthood v. Danforth (1976) and Planned Parenthood v. Casey (1992) — have not been overruled. The Supreme Court in Dobbs specifically limited its holding to the question of whether the federal Constitution protects a right to abortion; it did not address spousal consent. As a result, any state that tried to pass a law requiring a husband's consent or notice before an abortion would face a strong federal constitutional challenge. Florida has not attempted to pass such a law.","verification":"semi_verified","confidence":"high","sources":[{"name":"Justia","href":"https://supreme.justia.com/cases/federal/us/505/833/"}]},"other_paternal_rights":{"title":"No paternal abortion-veto rights","summary":"Aside from the enjoined partial-birth civil action and general tort law, Florida law grants no special standing to fathers or putative fathers to challenge a pregnant woman's abortion decision; no Florida court has recognized a paternal right to veto an abortion.","description":"A father of an unborn child in Florida has no legal right to stop the pregnant person from getting an abortion. Florida law does not recognize a father's standing to seek an injunction against an abortion, and no Florida court has issued an order at a father's request preventing an abortion. The only special right a father has under the abortion chapter — the ability to sue for damages for a partial-birth abortion if married to the mother — is moot because that ban is blocked by court order. The father could pursue a wrongful death claim if the fetus died due to a third party's negligence, but Florida currently does not recognize wrongful death of an unborn child as a valid claim (though HB 289, which passed the House in 2026, would change that if enacted).","verification":"verified","confidence":"high","sources":[{"name":"Bill Analysis, HB 289 (2026)","href":"https://www.flsenate.gov/Session/Bill/2026/289/Analyses/h0289b.JDC.PDF"}]}},"fetal_personhood":{"fetal_homicide_law":{"title":"Unborn child homicide, mother exempt","summary":"Florida recognizes the unlawful killing of an 'unborn child' at any stage of development as murder or manslaughter; the mother is expressly excluded from prosecution, and abortions under Chapter 390 are exempt.","description":"Under Florida law, if someone attacks a pregnant woman and causes the death of her fetus, that person can be charged with murder or manslaughter — just as if they had killed the woman herself. This applies 'at any stage of development' of the fetus. The law specifically says that it does not apply to the pregnant woman herself (only a person 'other than the mother' can be charged) and it does not apply to abortions performed under Florida's abortion laws. Florida also recognizes vehicular homicide of an unborn child. So while Florida treats a fetus as a potential homicide victim when a third party causes its death, it does not treat the pregnant woman as a criminal for ending her own pregnancy.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xlvi-crimes/fl-st-sect-782-09.html"}]},"wrongful_death":{"title":"No civil wrongful death for fetus","summary":"Florida does not currently allow civil wrongful-death claims for an unborn child; the Florida Supreme Court has held that a fetus is not a 'person' for purposes of the Wrongful Death Act; the common-law action for negligent stillbirth provides limited recovery for parents' own damages.","description":"If a third party causes the death of a fetus — for example, in a car accident — the parents cannot currently file a wrongful death lawsuit on behalf of the fetus in Florida. The Florida Supreme Court has ruled that an unborn child is not a 'person' under the state's Wrongful Death Act. Parents can bring a different kind of lawsuit called 'negligent stillbirth' to recover for their own mental pain and suffering and medical expenses, but this is more limited than a full wrongful death claim. However, a bill (HB 289) to allow wrongful death claims for unborn children at any stage passed the Florida House in January 2026 and could become law if the Senate passes it in a future session.","verification":"verified","confidence":"high","sources":[{"name":"Florida House Bill Analysis (HB 289, 2026)","href":"https://www.flsenate.gov/Session/Bill/2026/289/Analyses/h0289b.JDC.PDF"}]},"personhood_definition":{"title":"Unborn child defined at any stage","summary":"Florida's criminal code defines 'unborn child' as 'a member of the species Homo sapiens, at any stage of development, who is carried in the womb'; this definition applies to the fetal homicide and vehicular homicide statutes and is referenced but not directly applied in the abortion chapter.","description":"Florida law defines 'unborn child' in its criminal code as a human being 'at any stage of development' who is carried in the womb — meaning from the moment of fertilization. This definition is used for the fetal homicide law (charging someone who kills a fetus as a murderer) and for vehicular homicide involving a fetus. It is not directly used in the abortion chapter. The abortion law instead speaks in terms of 'fetus,' 'gestation,' and 'viability' and expressly says that the born-alive provisions do not 'affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species Homo sapiens at any point prior to being born alive.' This creates a legal contradiction: the same legal code treats the unborn as a separate homicide victim from conception, while simultaneously allowing abortion and refusing to extend personhood for purposes of abortion regulation.","verification":"semi_verified","confidence":"high","sources":[{"name":"Online Sunshine","href":"https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0775%2FSections%2F0775.021.html"}]},"contradictions_analysis":"Florida law contains a sharp internal contradiction in its treatment of fetal personhood. The criminal code (Fla. Stat. § 775.021(5)(e)) defines an 'unborn child' as 'a member of the species Homo sapiens, at any stage of development, who is carried in the womb' — a definition that encompasses a fertilized egg. This definition animates the fetal homicide statute (§ 782.09), which makes killing an unborn child murder or manslaughter in the same degree as killing the mother. The same code simultaneously permits abortion through 6 weeks (and beyond, under exceptions) in Chapter 390, which regulates the lawful 'termination of human pregnancy.' The fetal homicide statute expressly exempts both the mother ('any person, other than the mother') and 'a termination of pregnancy pursuant to chapter 390' from prosecution. But this exemption is purely procedural — it tells prosecutors what they cannot charge, but it does not resolve the underlying philosophical contradiction: how can the same entity be a 'member of the species Homo sapiens' entitled to homicide-victim status when killed by a third party, yet its destruction by a physician (within statutory limits) is a regulated but lawful medical procedure? The contradiction is sharpened by the born-alive provisions in § 390.0111(12)(f), which explicitly decline to resolve it — stating that the subsection 'does not affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species Homo sapiens at any point prior to being born alive.' The absence of a wrongful-death cause of action for a fetus under civil law (the Florida Supreme Court has steadfastly held that a fetus is not a 'person' for wrongful-death purposes) adds a third dimension: criminal personhood for third-party violence, regulatory non-personhood for abortion, and civil non-personhood for tort recovery. These three treatments coexist in the same body of Florida law without a unifying theory."},"telehealth_and_interstate":{"telehealth_prescribing":{"title":"Telehealth prescribing prohibited","summary":"Florida law explicitly prohibits physicians from using telehealth to perform an abortion, including prescribing medication abortion; all abortion care must be delivered in person.","description":"Florida law says that a doctor cannot use telehealth — a video or phone appointment — to provide abortion care. This applies to medication abortion as well: a doctor cannot prescribe abortion pills during a telehealth visit, even if the patient is physically in Florida. The pills must be given to the patient in person by the doctor. This prohibition applies regardless of where the doctor is located — an out-of-state doctor using telehealth with a Florida patient would be violating Florida law.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]},"out_of_state_travel":{"title":"Travel out of state not restricted","summary":"Florida residents may lawfully travel to other states for abortion care; no Florida statute restricts or criminalizes out-of-state travel for abortion, and the U.S. Supreme Court has recognized a constitutional right to interstate travel that protects this conduct.","description":"Florida does not prevent its residents from traveling to another state to get an abortion where it is legal. There is no law in Florida that makes it a crime to leave the state for abortion care, and no Florida prosecutor has attempted to reach such conduct. This is consistent with the U.S. Supreme Court's statement in the Dobbs decision that there is a constitutional right to travel between states.","verification":"semi_verified","confidence":"high","sources":[{"name":"Justia","href":"https://supreme.justia.com/cases/federal/us/597/19-1392/"}]},"shield_or_hostile_laws":{"title":"No shield law; hostile to providers","summary":"Florida has no shield law protecting its providers or patients from out-of-state abortion investigations; the state's posture is hostile to abortion provision — no protections exist for aiding out-of-state patients.","description":"Some states like New York and California have passed 'shield laws' that protect doctors and patients from being investigated or sued by other states for providing or receiving abortion care. Florida has no such law. In fact, Florida's approach is the opposite: it restricts and penalizes abortion provision within its borders. A Florida doctor who provides abortion care to someone from a state with an even stricter ban gets no special legal protection from Florida law — but neither does Florida cooperate with other states' abortion-related investigations.","verification":"semi_verified","confidence":"high","sources":[{"name":"Guttmacher Institute","href":"https://www.guttmacher.org/state-policy/explore/shield-laws-sexual-and-reproductive-health-care"}]}},"funding_and_insurance":{"medicaid":{"title":"Hyde-only: life, rape, incest","summary":"Florida Medicaid covers abortion only in the circumstances mandated by the federal Hyde Amendment: when the pregnancy results from rape or incest, or when the pregnant person's life is endangered.","description":"Florida's Medicaid program does not cover abortion beyond what federal law requires. Under the Hyde Amendment, federal Medicaid funds can only be used for abortion in cases of rape, incest, or life endangerment. Florida has not chosen to use its own state funds to expand coverage beyond those three categories. This means a low-income person on Medicaid in Florida cannot get state help paying for an abortion unless it fits one of those narrow categories.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]},"private_insurance":{"title":"Restricted; rider may be required","summary":"Florida restricts abortion coverage in private insurance plans; exchange plans may not cover abortion except for life, rape, or incest unless a separate optional rider is purchased; employer plans may be affected by state restrictions.","description":"Private health insurance plans in Florida are restricted in what abortion coverage they can offer. Plans sold on the ACA marketplace cannot cover abortion except in cases of rape, incest, or to save the pregnant person's life — unless the policyholder buys a separate, additional abortion-coverage rider. This means most people with marketplace insurance in Florida do not have coverage for abortion as part of their standard plan. Employer-sponsored plans may also face restrictions, though federal ERISA law can preempt some state insurance regulations for self-funded employer plans.","verification":"verify_before_publication","confidence":"medium","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxxvii-insurance/fl-st-sect-627-64995.html"}]},"exchange_plans":{"title":"ACA plans: rape, incest, life only","summary":"Plans sold on Florida's ACA marketplace may only cover abortion in cases of rape, incest, or life endangerment, absent a separately purchased rider.","description":"If you buy health insurance through the Affordable Care Act marketplace in Florida, your plan cannot cover abortion except in very limited circumstances: when the pregnancy is the result of rape or incest, or if the pregnant person's life is at risk. To get broader abortion coverage, you would need to buy a separate add-on policy specifically for abortion — something few insurers offer and most people do not know to buy.","verification":"semi_verified","confidence":"high","sources":[{"name":"Florida Legislature (flleg.gov)","href":"https://sb.flleg.gov/nxt/gateway.dll?f=id%24id%3DLAW2011-111%24t%3Ddocument-frameset.htm%243.0%24p%3D"}]},"state_funding_of_providers":{"title":"Defunded: state funds restricted","summary":"Florida law prohibits state agencies, local governments, and managed care plans from funding or contracting with organizations that perform abortions except in narrow circumstances; this effectively defunds abortion providers from state funding streams.","description":"Florida law prevents state and local government agencies from giving money to or signing contracts with organizations that provide abortions — like Planned Parenthood — unless all of the organization's abortions are for rape, incest, or to save the pregnant person's life, or unless the money is for a contract that was signed before July 1, 2016, or is Medicaid reimbursement on a fee-for-service basis. This means that even for non-abortion services like birth control or cancer screenings, organizations that also provide abortions are cut off from most state funding.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]}}},"penalties":[{"actor":"Physician performing unlawful abortion","offense":"Willfully performing or inducing a termination of pregnancy in violation of § 390.0111","penalty":"Third-degree felony: up to 5 years imprisonment and $5,000 fine (§ 775.082, 775.083); if the woman dies: second-degree felony, up to 15 years and $10,000 fine; plus license discipline (§ 458.331, 459.015)","verification":"semi_verified","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"},{"name":"Online Sunshine","href":"https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0775%2FSections%2F0775.082.html"}]},{"actor":"Physician violating informed consent","offense":"Violation of informed consent requirements in § 390.0111(3)","penalty":"Disciplinary action under § 458.331 or § 459.015 (medical license suspension or revocation); 'substantial compliance' is a defense","verification":"semi_verified","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]},{"actor":"Non-physician performing abortion","offense":"Performing an abortion without being a licensed physician (violation of § 390.0111(2) and unlicensed practice of medicine under § 458.327)","penalty":"Third-degree felony (unlicensed practice): up to 5 years and $5,000 fine","verification":"verify_before_publication","sources":[{"name":"Florida Senate","href":"https://www.flhouse.gov/Statutes/2025/Chapter0458/All"}]},{"actor":"Clinic staff or other helpers","offense":"Actively participating in an unlawful termination of pregnancy (§ 390.0111(10)(a))","penalty":"Third-degree felony: up to 5 years and $5,000 fine; if resulting in the woman's death, second-degree felony","verification":"semi_verified","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]},{"actor":"Failure to properly dispose of fetal remains","offense":"Failure to dispose of fetal remains in accordance with § 381.0098 and rules","penalty":"First-degree misdemeanor (§ 775.082 or 775.083)","verification":"semi_verified","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]},{"actor":"Violation of born-alive protections","offense":"Failure to provide care to an infant born alive during or after an attempted abortion","penalty":"Third-degree felony","verification":"semi_verified","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html"}]},{"actor":"Third party killing unborn child (non-abortion)","offense":"Unlawful killing of an unborn child by injury to the mother (fetal homicide under § 782.09)","penalty":"Capital felony, first-degree felony, second-degree felony, or manslaughter (second-degree felony), mirroring the degree of the homicide against the mother","verification":"semi_verified","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/fl/title-xlvi-crimes/fl-st-sect-782-09.html"}]}],"recent_changes":[{"date":"2022-07-01","event":"Florida's 15-week abortion ban (HB 5, ch. 2022-69) took effect. A Leon County circuit court temporarily enjoined the ban on July 5, 2022, but the injunction was automatically stayed upon appeal under Florida law.","sources":[{"name":"Center for Reproductive Rights","href":"https://reproductiverights.org/cases/planned-parenthood-southwest-central-florida-v-state-florida"}]},{"date":"2023-04-13","event":"Governor Ron DeSantis signed SB 300, the Heartbeat Protection Act (ch. 2023-21), amending § 390.0111(1) to reduce the general abortion limit from 15 weeks to 6 weeks LMP and adding restrictions on medication abortion including in-person dispensing and a telehealth ban. The law was contingent on the Florida Supreme Court upholding the 15-week ban.","sources":[{"name":"Florida Senate","href":"https://www.flsenate.gov/Session/Bill/2023/300"}]},{"date":"2024-04-01","event":"The Florida Supreme Court ruled 6-1 in Planned Parenthood of Southwest & Central Florida v. State, No. SC2022-1050, that the Florida Constitution's Privacy Clause (Art. I, § 23) does not protect a right to abortion, overruling decades of contrary precedent including In re T.W. (1989). The court simultaneously upheld the 15-week ban, triggering the 30-day countdown for the 6-week ban to take effect.","sources":[{"name":"Florida Supreme Court","href":"https://supremecourt.flcourts.gov/content/download/2285280/opinion/Opinion_SC2022-1050"}]},{"date":"2024-05-01","event":"Florida's 6-week abortion ban (Heartbeat Protection Act) took effect, 30 days after the Florida Supreme Court's ruling. Florida went from a 15-week ban to a 6-week ban, becoming one of the most restrictive states in the country for abortion access.","sources":[{"name":"Guttmacher Institute","href":"https://www.guttmacher.org/2024/09/floridas-six-week-ban-led-substantial-drop-clinician-provided-abortions"}]},{"date":"2024-11-05","event":"Amendment 4, the Right to Abortion Initiative, appeared on the Florida ballot and received 57.1% of the vote, falling short of the 60% threshold required to amend the Florida Constitution. The amendment would have enshrined a right to abortion before viability and when necessary to protect the patient's health.","sources":[{"name":"Ballotpedia","href":"https://ballotpedia.org/Florida_Amendment_4,_Right_to_Abortion_Initiative_(2024)"}]},{"date":"2025-05-14","event":"A Florida intermediate appellate court struck down certain provisions of the parental-consent law for minors as unconstitutional. The full scope and effect of this ruling remain subject to further appellate review.","sources":[{"name":"WUSF","href":"https://www.wusf.org/courts-law/2025-05-14/florida-appeals-court-strikes-down-abortion-law-minors-no-parental-consent-demed-unconstitutional"}]},{"date":"2026-01-15","event":"The Florida House of Representatives passed CS/HB 289 by a 76-34 vote, expanding the Wrongful Death Act to allow parents to recover damages for the wrongful death of an 'unborn child' at any stage of development, while exempting the mother and lawful health care from liability. The Senate companion (SB 164) died in the Senate Rules Committee on March 13, 2026.","sources":[{"name":"Florida House of Representatives","href":"https://www.flsenate.gov/Session/Bill/2026/289"}]}],"pending_changes":[{"name":"Parental consent law challenge (Florida intermediate appellate court)","type":"litigation","status":"The Florida First District Court of Appeal struck down parts of the parental-consent framework in May 2025; the state may seek Florida Supreme Court review. The practical effect is uncertain given the Florida Supreme Court's 2024 ruling that the Privacy Clause does not protect abortion.","effect":"If upheld on appeal, could alter or invalidate Florida's parental involvement requirements for minors seeking abortion, potentially eliminating consent and/or notice obligations. However, the Florida Supreme Court's 2024 holding that the Privacy Clause does not protect abortion may limit the viability of any constitutional challenge.","sources":[{"name":"WUSF Public Media","href":"https://www.wusf.org/courts-law/2025-05-14/florida-appeals-court-strikes-down-abortion-law-minors-no-parental-consent-demed-unconstitutional"}]},{"name":"FDA preemption and medication abortion access (national litigation)","type":"litigation","status":"The Fifth Circuit in Louisiana v. FDA stayed the FDA's 2023 expansion of mifepristone access (telehealth, mail), and the Supreme Court temporarily stayed that ruling. The case is ongoing and could affect the enforceability of Florida's in-person dispensing and telehealth prohibitions if the FDA rules are held to preempt state restrictions.","effect":"If the Supreme Court ultimately holds that FDA rules preempt state restrictions on mifepristone dispensing, Florida's § 390.0111(2) in-person dispensing requirement and mail-ban could be invalidated, significantly increasing access to medication abortion in Florida even under the 6-week ban.","sources":[{"name":"Health Affairs","href":"https://www.healthaffairs.org/content/forefront/supreme-court-temporarily-blocks-ruling-barring-telehealth-and-pharmacy-access"}]},{"name":"Fetal wrongful death (HB 289 / SB 164, 2026 session)","type":"legislation","status":"HB 289 passed the House (76-34) on January 15, 2026. SB 164 died in the Senate Rules Committee. The bill may be reintroduced in the 2027 legislative session.","effect":"If enacted, would allow parents to bring civil wrongful-death suits for the death of an unborn child at any stage of development, while exempting the mother and lawful health care from liability. This would mark a significant shift in Florida tort law and could create novel legal tensions with the abortion framework.","sources":[{"name":"Florida House of Representatives","href":"https://www.flsenate.gov/Session/Bill/2026/289"}]}],"key_authorities":[{"name":"Florida Heartbeat Protection Act (6-week ban)","citation":"Fla. Stat. § 390.0111(1); ch. 2023-21, Laws of Fla.","type":"statute","url":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html","why":"The operative prohibition: physicians may not knowingly perform or induce abortion after 6 weeks LMP unless a statutory exception applies. This is the central provision governing abortion access in Florida."},{"name":"Termination of pregnancies — full section","citation":"Fla. Stat. § 390.0111","type":"statute","url":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html","why":"Contains the 6-week ban, medication-abortion restrictions (in-person dispensing, no telehealth, no mail), informed consent, ultrasound, waiting period, partial-birth ban, born-alive protections, penalties, and defunding provision — the comprehensive abortion regulation in a single statute."},{"name":"Definitions for Chapter 390","citation":"Fla. Stat. § 390.011","type":"statute","url":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-011.html","why":"Defines 'abortion,' 'gestation' (measured from LMP), 'viability,' 'fatal fetal abnormality,' 'medical abortion,' and 'physician' — the definitions that determine the scope of the entire chapter."},{"name":"Planned Parenthood v. State (Florida Supreme Court, 2024)","citation":"Planned Parenthood of Southwest & Central Florida v. State, No. SC2022-1050 (Fla. Apr. 1, 2024)","type":"case","url":"https://supremecourt.flcourts.gov/content/download/2285280/opinion/Opinion_SC2022-1050","why":"The controlling decision that held Florida's Privacy Clause does not protect abortion, overruling decades of precedent and clearing the way for the 6-week ban."},{"name":"Fetal homicide statute","citation":"Fla. Stat. § 782.09","type":"statute","url":"https://codes.findlaw.com/fl/title-xlvi-crimes/fl-st-sect-782-09.html","why":"Treats the killing of an unborn child as murder/manslaughter while expressly exempting the mother and Chapter 390 abortions — the core fetal-personhood provision in Florida criminal law."},{"name":"Definition of 'unborn child' in criminal code","citation":"Fla. Stat. § 775.021(5)(e)","type":"statute","url":"https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0775%2FSections%2F0775.021.html","why":"Defines 'unborn child' as 'a member of the species Homo sapiens, at any stage of development, who is carried in the womb' — the definition used across the criminal code including homicide and vehicular homicide."},{"name":"Parental Notice of and Consent for Abortion Act","citation":"Fla. Stat. § 390.01114","type":"statute","url":"https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399%2F0390%2FSections%2F0390.01114.html","why":"Requires parental notice and consent for minors, with judicial bypass — controls access for anyone under 18."},{"name":"Florida Constitution Privacy Clause","citation":"Art. I, § 23, Fla. Const.","type":"constitution","url":"https://codes.findlaw.com/fl/florida-constitution1968-revision/fl-const-art-1-sect-23","why":"Guarantees the 'right to be let alone and free from governmental intrusion into the person's private life' — formerly interpreted to protect abortion, now held by the Florida Supreme Court not to include abortion rights."},{"name":"Amendment 4 — Right to Abortion Initiative (2024)","citation":"2024 Florida Amendment 4","type":"ballot_measure","url":"https://ballotpedia.org/Florida_Amendment_4,_Right_to_Abortion_Initiative_(2024)","why":"Would have enshrined abortion rights in the Florida Constitution; received 57.1% but failed to reach the 60% threshold, leaving the 6-week ban in place."},{"name":"Defunding provision","citation":"Fla. Stat. § 390.0111(15)","type":"statute","url":"https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html","why":"Prohibits state and local governmental funding of abortion providers, cutting off public resources from clinics that perform abortions."},{"name":"Tanner v. Hartog (no fetal wrongful death)","citation":"Tanner v. Hartog, 696 So. 2d 705 (Fla. 1997)","type":"case","url":"https://www.flsenate.gov/Session/Bill/2026/289/Analyses/h0289b.JDC.PDF","why":"Holds that Florida's Wrongful Death Act does not permit claims for a stillborn fetus, while recognizing a limited common-law action for negligent stillbirth — the current governing civil-law framework for pregnancy loss."},{"name":"AGO 85-73 — State preemption of abortion clinic regulation","citation":"Op. Att'y Gen. Fla. 85-73 (1985)","type":"ag_opinion","url":"https://www.myfloridalegal.com/ag-opinions/regulation-of-abortion-clinics-preemption","why":"Concludes that Florida has preempted the field of abortion-clinic regulation, prohibiting local governments from imposing additional regulatory requirements on clinics, limiting municipalities to reasonable zoning."}],"research_notes":{"overall_confidence":"high","editor_notes":"Before publication, verify: (1) the current operative text of § 390.0111 on the official Florida Legislature website (Online Sunshine) as the 2026 session may have amended it; (2) the status of the permanently enjoined method ban injunction (docket check in the Second Judicial Circuit, Leon County); (3) the current posture of the parental-consent appellate litigation; (4) the outcome of the 2026 legislative session regarding HB 289/SB 164 and any newly introduced abortion-related bills; (5) the status of FDA preemption litigation in the Supreme Court (Louisiana v. FDA); (6) whether Florida has adopted any new emergency rules regarding abortion under the current administration.","gaps":["The scope of 'actively participates in' in § 390.0111(10)(a) has not been interpreted by Florida appellate courts — whether it reaches the pregnant woman, financial supporters, or non-medical helpers is unresolved.","The current posture of the 2025 intermediate appellate ruling on the parental consent law needs confirmation — whether the Florida Supreme Court has accepted review or if the decision has been stayed.","The FDA preemption question regarding Florida's in-person dispensing requirement for mifepristone is unresolved nationally and has not been litigated specifically in Florida.","Whether treatment of ectopic pregnancy falls within the statutory definition of 'abortion' under § 390.011(1) has not been adjudicated by any Florida court.","The practical enforcement risk for pharmacists dispensing abortion medication and for pregnant women self-managing abortion is unknown and rests on prosecutorial discretion.","The current operative text of Fla. Stat. § 390.0112 (formerly the viability-line ban) and § 390.01112 needs verification — the repealer language in ch. 2023-21 is complex and its net effect on which subsections remain operative should be confirmed against the official 2025 Florida Statutes."]}}