State Legal Snapshot
Abortion law, status, and enforcement — one-page reference
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.
Fla. Stat. § 390.0111(1) · Planned Parenthood of Southwest & Central Florida v. State, No. SC2022-1050 (Fla. Apr. 1, 2024)
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.
Fla. Stat. § 782.09(1), (4) · Fla. Stat. § 775.021(5)(e)
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.
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.
| Actor | Offense | Penalty |
|---|---|---|
| Physician performing unlawful abortion | Willfully performing or inducing a termination of pregnancy in violation of § 390.0111 | 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) |
| Physician violating informed consent | Violation of informed consent requirements in § 390.0111(3) | Disciplinary action under § 458.331 or § 459.015 (medical license suspension or revocation); 'substantial compliance' is a defense |
| Non-physician performing abortion | Performing an abortion without being a licensed physician (violation of § 390.0111(2) and unlicensed practice of medicine under § 458.327) | Third-degree felony (unlicensed practice): up to 5 years and $5,000 fine |
| Clinic staff or other helpers | Actively participating in an unlawful termination of pregnancy (§ 390.0111(10)(a)) | Third-degree felony: up to 5 years and $5,000 fine; if resulting in the woman's death, second-degree felony |
| Failure to properly dispose of fetal remains | Failure to dispose of fetal remains in accordance with § 381.0098 and rules | First-degree misdemeanor (§ 775.082 or 775.083) |
Parental consent law challenge (Florida intermediate appellate court)
Litigation · 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.
If upheld on appeal, could alter or invalidate Florida's parental involvement requirements for minors seeking abortion, potentially eliminating consent and/or notice obligations.
FDA preemption and medication abortion access (national litigation)
Litigation · The Fifth Circuit in Louisiana v.
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.
Fetal wrongful death (HB 289 / SB 164, 2026 session)
Legislation · HB 289 passed the House (76-34) on January 15, 2026. SB 164 died in the Senate Rules Committee.
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.
The operative prohibition: physicians may not knowingly perform or induce abortion after 6 weeks LMP unless a statutory exception applies.
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.
Defines 'abortion,' 'gestation' (measured from LMP), 'viability,' 'fatal fetal abnormality,' 'medical abortion,' and 'physician' — the definitions that determine the scope of the entire chapter.
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.
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.
Generated from the structured legal focused deep-research record for FL (research completed 2026-07-12). This snapshot condenses a much larger sourced dataset — full citations, quoted statutory text, and plain-language explanations are in the full Florida survey. This document has not been reviewed by a lawyer and should not be used as legal advice.