---
title: "Florida — abortion law"
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…"
type: "legislation"
jurisdiction: "Florida"
as_of_date: "2026-07-12"
source_url: "https://www.abhortion.org/legislation/fl.html"
---

# Florida — abortion law

_Florida · United States_

## Overview

**Banned at 6 weeks LMP, enforced**

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.

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).

> "A physician may not knowingly perform or induce a termination of pregnancy if the physician determines the gestational age of the fetus is more than 6 weeks unless one of the following conditions is met..."
> — Fla. Stat. § 390.0111(1)

**Legal analysis**

The operative prohibition is Fla. Stat. § 390.0111(1), as amended by the Heartbeat Protection Act (SB 300, ch. 2023-21, Laws of Fla.). It provides that a physician may not knowingly perform or induce a termination of pregnancy if the physician determines the gestational age of the fetus is more than 6 weeks, measured from the first day of the last menstrual period, unless a statutory exception applies. The 6-week limit replaced the prior 15-week ban (HB 5, ch. 2022-69) on May 1, 2024, 30 days after the Florida Supreme Court's decision in Planned Parenthood of Southwest & Central Florida v. State, No. SC2022-1050 (Fla. Apr. 1, 2024), which held that Article I, Section 23 of the Florida Constitution — the Privacy Clause — does not include a right to abortion, overruling decades of contrary precedent beginning with In re T.W., 551 So. 2d 1186 (Fla. 1989). The viability-line prohibition in § 390.01112 remains on the books but its operative restrictive language is repealed by its own terms now that the 6-week ban is in effect. Amendment 4, which would have added an express right to abortion before viability to the Florida Constitution, received 57.1% of the vote on November 5, 2024, failing to meet the 60% supermajority required by Article XI, Section 5(e) of the Florida Constitution. No court has enjoined the 6-week ban; it is in full effect.

*Sources — Verified at source · High confidence · Fla. Stat. § 390.0111(1), subsection (1), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html) · Planned Parenthood of Southwest & Central Florida v. State, No. SC2022-1050 (Fla. Apr. 1, 2024), slip op. at 1-2, [Florida Supreme Court](https://supremecourt.flcourts.gov/content/download/2285280/opinion/Opinion_SC2022-1050)*

## At a glance

Every machine-readable determination in the research document. Each value is derived from a sourced finding below.

| Field | Value |
| --- | --- |
| Legal classification | Gestational limit |
| Gestational limit weeks | 6 |
| Limit measured from | Last menstrual period |
| Abortion currently available | Severely restricted |
| Ban or limit enjoined | No |
| Mother expressly exempt | No |
| Mother prosecutable in practice | No |
| Self managed abortion criminalized | Unclear |
| Abortion charged as homicide | No |
| Fetal homicide law | Yes |
| Fetal wrongful death action | No |
| Personhood language in law | Yes |
| Personhood contradiction | Yes |
| Medication abortion distinct status | Yes |
| Mailing pills banned | Yes |
| Method bans | D and e, D and x |
| Telehealth prescribing allowed | No |
| Physician only law | Yes |
| Provider max penalty | Third-degree felony, up to 5 years, $5,000 fine |
| Helpers criminally exposed | Yes |
| Travel assistance criminalized | No |
| Civil bounty law | No |
| Shield state | No |
| Waiting period hours | 24 |
| State scripted counseling | Yes |
| Ultrasound required | Mandatory performed |
| In person visits required | 2 |
| Parental involvement | Consent and notification |
| Judicial bypass available | Yes |
| Spousal consent or notice on books | No |
| Medicaid coverage | Hyde only |
| Private insurance restricted | Yes |
| State funding posture | Defunds providers |
| Rape incest exception | Yes |
| Exceptions present | Life, Physical health, Rape, Incest, Fatal fetal anomaly, Ectopic miscarriage carveout |
| Major pending change | Yes |

## Definitions

**Termination of human pregnancy, broadly defined**

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.

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).

> "As used in this chapter, the term: (1) 'Abortion' means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus."
> — Fla. Stat. § 390.011(1)

**Legal analysis**

Fla. Stat. § 390.011 is the definitional section for Chapter 390. 'Abortion' is defined in subsection (1) as 'the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus.' Subsection (7) defines 'gestation' as 'the development of a human embryo or fetus as calculated from the first day of the pregnant woman's last menstrual period.' Subsection (15) defines 'viable' or 'viability' as 'the stage of fetal development when the life of a fetus is sustainable outside the womb through standard medical measures.' Subsection (6) defines 'fatal fetal abnormality.' Subsection (9) defines 'medical abortion.' The definition does not expressly address ectopic pregnancy, miscarriage management beyond removal of a dead fetus, or IVF/embryos — but the 'intention other than to produce a live birth or to remove a dead fetus' language means that removing an already-dead fetus (miscarriage management) and delivering a live child are not abortion. Ectopic pregnancy treatment would arguably not be reached because the definition contemplates a 'human pregnancy' with a fetus; an ectopic pregnancy is itself a life-threatening condition. No Florida appellate decision has squarely addressed whether treating an ectopic pregnancy constitutes an 'abortion' under the statutory definition.

*Sources — Semi-verified · High confidence · Fla. Stat. § 390.011(1), subsection (1), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-011.html)*

**Editor's note.** The interaction between the abortion definition and treatment of ectopic pregnancy has not been tested in Florida appellate courts. The statutory definition of 'abortion' as requiring an intention other than to produce a live birth or remove a dead fetus implicitly excludes miscarriage management for a dead fetus but does not expressly address ectopic pregnancy. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

## Current status

**6-week ban enforced; no constitutional protection**

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.

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.

> "A physician may not knowingly perform or induce a termination of pregnancy if the physician determines the gestational age of the fetus is more than 6 weeks unless one of the following conditions is met..."
> — Fla. Stat. § 390.0111(1)

**Legal analysis**

The operative prohibition is Fla. Stat. § 390.0111(1), as amended to 6 weeks by ch. 2023-21 (the Heartbeat Protection Act). The 6-week limit took effect May 1, 2024, 30 days after the Florida Supreme Court issued its ruling in Planned Parenthood of Southwest & Central Florida v. State, No. SC2022-1050, which upheld the prior 15-week ban (HB 5) against a state constitutional privacy challenge and squarely held that Article I, Section 23 of the Florida Constitution does not encompass a right to abortion. This ruling reversed decades of precedent interpreting the Privacy Clause to protect abortion, beginning with In re T.W. (1989) and including Gainesville Woman Care, LLC v. State, 210 So. 3d 1243 (Fla. 2017). The viability-line ban formerly in § 390.01112 was effectively superseded: its own triggering language in the enacting bill provided that the operative 15-week and viability provisions would be repealed upon the effective date of the more restrictive 6-week ban. Amendment 4, the Right to Abortion Initiative, appeared on the November 5, 2024 ballot and proposed adding language to Article I of the Florida Constitution stating that '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.' It received 57.1% of the vote, falling short of the 60% threshold required for constitutional amendments under Art. XI, § 5(e), Fla. Const. No federal court has enjoined the 6-week ban; no current state-court litigation challenges it directly, though the parental-consent framework is under active state appellate litigation.

*Sources — Verified at source · High confidence · Fla. Stat. § 390.0111(1), subsection (1), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html) · Planned Parenthood of Southwest & Central Florida v. State, No. SC2022-1050 (Fla. Apr. 1, 2024), [Florida Supreme Court](https://supremecourt.flcourts.gov/content/download/2285280/opinion/Opinion_SC2022-1050) · Ch. 2023-21, Laws of Fla. (Heartbeat Protection Act / SB 300), [Florida Senate](https://www.flsenate.gov/Session/Bill/2023/300)*

## Law-in-effect vs. law-on-the-books

**Fully enforced; no active injunction**

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.

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.

> "The law is clear: abortion is permissible at any stage of pregnancy in Florida to save the life and health of the mother."
> — Florida Department of Health, Notice to Health Care Providers Regarding Misinformation About Florida's Abortion Law (2024)

**Legal analysis**

The 6-week ban (Fla. Stat. § 390.0111(1)) is not subject to any active injunction. Its effective date of May 1, 2024 was triggered by the Florida Supreme Court's April 1, 2024 ruling in Planned Parenthood v. State, No. SC2022-1050. Prior to that, the 15-week ban (HB 5, 2022) had been temporarily enjoined by a Leon County circuit court on July 5, 2022, but that injunction was automatically stayed upon the State's appeal under Florida appellate rules, and the Florida Supreme Court's April 2024 ruling mooted any further challenge to the 15-week ban. Separately, a state court permanently enjoined a 2015 law (ch. 2015-118, the 'Mandatory Delay Law') that required a 24-hour waiting period, but the Florida Supreme Court reversed that injunction in Gainesville Woman Care, LLC v. State, 210 So. 3d 1243 (Fla. 2017), and the 24-hour waiting period took effect after final judgment on April 25, 2022. The method ban in former § 390.0111(5) (prohibiting 'partial-birth abortion' as defined in § 390.011(10)) was held by a state court to encompass D&E, D&X, and labor induction procedures and was permanently enjoined; that injunction remains in place, though it is effectively moot for pre-viability abortions given the 6-week limit. No federal injunction applies to any Florida abortion restriction. The Department of Health has issued a notice clarifying that 'abortion is permissible at any stage of pregnancy in Florida to save the life and health of the mother.'

*Sources — Semi-verified · High confidence · Florida Department of Health, Notice to Health Care Providers Regarding Misinformation About Florida's Abortion Law (2024), [Florida Department of Health via GovDelivery](https://content.govdelivery.com/accounts/FLDOH/bulletins/3b6c604) · Gainesville Woman Care, LLC v. State, 210 So. 3d 1243 (Fla. 2017), [ACLU](https://www.aclu.org/cases/gainesville-woman-care-llc-v-state-florida)*

**Editor's note.** The permanently enjoined method ban was issued by a state trial court; the Center for Reproductive Rights reports it as permanently enjoined, and the injunction has not been appealed or dissolved. Re-verify the injunction's current posture with the Second Judicial Circuit docket. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

## Exceptions

### Life of the mother

**Life exception, two-physician certification**

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.

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.

> "Two physicians certify in writing that, in reasonable medical judgment, the termination of the pregnancy 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 pregnant woman other than a psychological condition."
> — Fla. Stat. § 390.0111(1)(a)-(b)

**Legal analysis**

Fla. Stat. § 390.0111(1)(a) provides an exception when two physicians certify in writing that, in reasonable medical judgment, 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 other than a psychological condition. Subsection (1)(b) provides that in a medical emergency where a second physician is not available, a single physician may certify and proceed. Subsection (3)(b) provides an emergency override for the informed consent requirements: if a medical emergency exists, a physician may terminate a pregnancy with at least one corroborative medical opinion; if no second physician is available, the physician may proceed but must document reasons in the medical record.

*Sources — Semi-verified · High confidence · Fla. Stat. § 390.0111(1)(a)-(b), subsection (1)(a), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html) · Florida Department of Health, Notice to Health Care Providers (2024), [FDOH via GovDelivery](https://content.govdelivery.com/accounts/FLDOH/bulletins/3b6c604)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Physical health

**Physical health, two-physician certification**

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.

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.

> "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 pregnant woman other than a psychological condition"
> — Fla. Stat. § 390.0111(1)(a)

**Legal analysis**

The physical-health exception is found in the same clause as the life exception: Fla. Stat. § 390.0111(1)(a)-(b). The statutory language — 'avert a serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman other than a psychological condition' — sets a high bar. It excludes mental health entirely, requires the impairment to be both 'substantial' and 'irreversible,' and must implicate a 'major bodily function.' Certification by two physicians (or one in emergency) is required. This is narrower than the pre-Dobbs undue-burden standard. The FDOH guidance asserting that abortion is permissible 'to save the life and health of the mother' may reflect a broader reading of 'health' than the statutory text supports, creating a potential gap between agency reassurance and statutory limitations.

**Conflicting authority.** The FDOH's 2024 notice states that abortion is permissible 'to save the life and health of the mother,' arguably suggesting a broader health exception than the statute's 'substantial and irreversible physical impairment of a major bodily function' standard. This gap between agency guidance and statutory text has not been resolved by any court.

*Sources — Semi-verified · Medium confidence · Fla. Stat. § 390.0111(1)(a), subsection (1)(a), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)*

**Editor's note.** In practice, providers report that the two-physician certification requirement and the narrowness of the exception language create serious obstacles to timely care even in medically urgent situations. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Fatal fetal anomaly

**Fatal fetal anomaly, before third trimester**

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.

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.

> "The pregnancy has not progressed to the third trimester and two physicians certify in writing that, in reasonable medical judgment, the fetus has a fatal fetal abnormality."
> — Fla. Stat. § 390.0111(1)(c)

**Legal analysis**

Fla. Stat. § 390.0111(1)(c) permits a termination when the pregnancy has not progressed to the third trimester and two physicians certify in writing that, in reasonable medical judgment, the fetus has a fatal fetal abnormality. Fla. Stat. § 390.011(6) defines 'fatal fetal abnormality' as 'a terminal condition that, in reasonable medical judgment, regardless of the provision of life-saving medical treatment, is incompatible with life outside the womb and will result in death upon birth or imminently thereafter.' The third trimester begins at the 24th week of gestation under § 390.011(14)(c). This exception does not extend beyond 24 weeks.

*Sources — Semi-verified · High confidence · Fla. Stat. § 390.0111(1)(c), subsection (1)(c), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Rape

**Rape exception, 15 weeks, documentation required**

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.

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.

> "The pregnancy is the 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. At the time the woman schedules or arrives for her appointment to obtain the abortion, she must provide a copy of a restraining order, police report, medical record, or other court order or documentation..."
> — Fla. Stat. § 390.0111(1)(d)

**Legal analysis**

Fla. Stat. § 390.0111(1)(d) provides an exception where the pregnancy is the result of rape, incest, or human trafficking and the gestational age is not more than 15 weeks. The pregnant woman must provide 'a copy of a restraining order, police report, medical record, or other court order or documentation providing evidence that she is obtaining the termination of pregnancy because she is a victim of rape, incest, or human trafficking.' If the woman is 18 or older, the physician must report known or suspected human trafficking to local law enforcement. If the woman is a minor, the physician must report the incident to the central abuse hotline under § 39.201. This exception does not extend beyond 15 weeks.

*Sources — Semi-verified · High confidence · Fla. Stat. § 390.0111(1)(d), subsection (1)(d), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Incest

**Incest exception, 15 weeks, documentation required**

Same as rape: abortion for a pregnancy resulting from incest is permitted only through 15 weeks gestational age and requires documentary proof.

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.

> "The pregnancy is the result of rape, incest, or human trafficking and the gestational age of the fetus is not more than 15 weeks..."
> — Fla. Stat. § 390.0111(1)(d)

**Legal analysis**

See the same statutory provision, Fla. Stat. § 390.0111(1)(d). The exception for incest is bundled with rape and human trafficking and is subject to identical documentation requirements and the 15-week ceiling.

*Sources — Semi-verified · High confidence · Fla. Stat. § 390.0111(1)(d), subsection (1)(d), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Mental health

**No mental health exception**

Florida's abortion law contains no standalone mental health exception; the physical health exception expressly excludes psychological conditions.

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.

> "other than a psychological condition"
> — Fla. Stat. § 390.0111(1)(a)

**Legal analysis**

Fla. Stat. § 390.0111(1)(a) explicitly excludes 'a psychological condition' from the physical-health exception. There is no separate mental-health exception elsewhere in the statute. The Florida legislature deliberately cabined the health exception to physical conditions only.

*Sources — Semi-verified · High confidence · Fla. Stat. § 390.0111(1)(a), subsection (1)(a), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Ectopic pregnancy & miscarriage care

**Implicit: miscarriage and ectopic not 'abortion'**

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.

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.

> "Abortion' means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus."
> — Fla. Stat. § 390.011(1)

**Legal analysis**

Fla. Stat. § 390.011(1) defines abortion as 'the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus.' By its terms, removing a dead fetus (miscarriage management) is excluded. Treatment of ectopic pregnancy — typically involving methotrexate or surgery to remove the ectopic tissue — is not specifically addressed in Chapter 390. Because an ectopic pregnancy is not a viable intrauterine pregnancy and will never result in a live birth, treatment of ectopic pregnancy is generally understood as falling outside the statutory definition of abortion, though no Florida appellate court has expressly so held. The life exception in § 390.0111(1)(a) provides a backup safety valve for any case where an ectopic pregnancy risks the patient's life.

*Sources — Semi-verified · Medium confidence · Fla. Stat. § 390.011(1), subsection (1), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-011.html)*

**Editor's note.** No Florida appellate court has expressly ruled on whether ectopic pregnancy treatment constitutes an 'abortion' under § 390.011(1). The practical consensus among Florida providers is that it does not, and the life-of-the-mother exception provides a secondary basis for treatment in any event. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

## Methods

### Procedural surgical

**Legal within 6-week window; method ban enjoined**

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.

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.

> "No physician shall knowingly perform a partial-birth abortion."
> — Fla. Stat. § 390.0111(5)(a)

**Legal analysis**

Procedural abortion is subject to the same 6-week gestational limit in Fla. Stat. § 390.0111(1). There is no separate statutory restriction on procedural as opposed to medication abortion. Subsection (5) prohibits 'partial-birth abortion,' defined in § 390.011(10). A state court in the Second Judicial Circuit permanently enjoined this provision after finding it encompassed D&E, D&X, and labor induction procedures. The partial-birth abortion subsection also contains its own life exception (§ 390.0111(5)(c)) and exempts the woman from prosecution for conspiracy (§ 390.0111(5)(b)). The federal Partial-Birth Abortion Ban Act of 2003 (18 U.S.C. § 1531) also applies but its scope is narrower than the enjoined state provision.

*Sources — Semi-verified · High confidence · Fla. Stat. § 390.0111(5)(a), subsection (5)(a), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html) · Center for Reproductive Rights, Florida Abortion Laws, [Center for Reproductive Rights](https://reproductiverights.org/maps/abortion-laws-by-state/florida)*

**Editor's note.** Re-verify the current posture of the permanent injunction with the Second Judicial Circuit docket in Leon County. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Medication

**Legal ≤6 weeks; in-person dispensing only**

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.

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.

> "A physician may not use telehealth as defined in s. 456.47 to perform an abortion, including, but not limited to, medical abortions. Any medications intended for use in a medical abortion must be dispensed in person by a physician and may not be dispensed through the United States Postal Service or by any other courier or shipping service."
> — Fla. Stat. § 390.0111(2)

**Legal analysis**

Fla. Stat. § 390.0111(2) provides: 'A physician may not use telehealth as defined in s. 456.47 to perform an abortion, including, but not limited to, medical abortions. Any medications intended for use in a medical abortion must be dispensed in person by a physician and may not be dispensed through the United States Postal Service or by any other courier or shipping service.' This is a distinct statutory requirement beyond the general physician-only rule and the gestational limit. It specifically targets medication abortion by prohibiting the two primary means by which patients access it remotely — telehealth prescribing and mail delivery. At the federal level, the FDA has removed the in-person dispensing requirement for mifepristone, but Florida's state law independently mandates in-person dispensing. There is ongoing litigation in other circuits (Louisiana v. FDA in the Fifth Circuit) about whether FDA rules preempt state restrictions on medication abortion, but Florida is not a party and no Florida-specific federal litigation has resolved the preemption question for this state. The in-person dispensing requirement and the prohibition on mailing are currently enforceable in Florida.

**Conflicting authority.** Federal FDA rules currently permit mifepristone to be dispensed by mail after telehealth prescribing, creating a direct conflict between federal regulation and Fla. Stat. § 390.0111(2). However, no federal court has ruled on FDA preemption of Florida's specific in-person dispensing requirement. The Fifth Circuit has recently stayed FDA's telehealth expansion (Louisiana v. FDA), which the Supreme Court temporarily stayed, leaving the federal landscape unsettled. For Florida, the state statute controls unless and until a federal court holds it preempted.

*Sources — Semi-verified · High confidence · Fla. Stat. § 390.0111(2), subsection (2), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)*

**Editor's note.** The FDA preemption question regarding Florida's in-person dispensing requirement is an area to monitor. The Fifth Circuit ruling in Louisiana v. FDA and ongoing Supreme Court review could affect the enforceability of Florida's restriction. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Self managed

**Mother not directly criminalized; gap uncertain**

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.

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.

> "A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section for a conspiracy to violate the provisions of this section."
> — Fla. Stat. § 390.0111(5)(b), (10)(a)

**Legal analysis**

Fla. Stat. § 390.0111(10) provides that 'any person who willfully performs, or actively participates in, a termination of pregnancy' in violation of the section commits a third-degree felony. The statute does not expressly exempt the pregnant woman from liability under this general provision. The only express exemption appears in § 390.0111(5)(b): 'A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section for a conspiracy to violate the provisions of this section.' The negative implication (expressio unius) is that the woman is not shielded from prosecution under (10) in non-partial-birth scenarios, though in practice Florida has not prosecuted pregnant women under this provision. The possibility of prosecution under other statutes — § 458.327 (unlicensed practice of medicine), § 782.09 (fetal homicide, which expressly excludes 'any person, other than the mother'), or drug laws — has not been tested. § 782.09(4) provides that the section 'does not authorize the prosecution of any person in connection with a termination of pregnancy pursuant to chapter 390,' which shields lawful abortions from fetal-homicide prosecution but does not speak to unlawful self-managed abortion. The mother-exemption in § 782.09 (by referring to 'any person, other than the mother') protects her from homicide charges but does not immunize her from Chapter 390 penalties.

*Sources — Semi-verified · Low confidence · Fla. Stat. § 390.0111(5)(b), (10)(a), subsection (5)(b), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)*

**Editor's note.** The absence of a general mother-exemption in § 390.0111, combined with the partial-birth-conspiracy-only exemption, creates a gap. No Florida reported case has addressed whether § 390.0111(10)(a) can reach the pregnant woman who self-manages. The practical-enforcement reality (no known prosecutions) may diverge from the statutory text. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

## Actors

### Who may perform

**Physician only; admitting privileges required**

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.

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.

> "Only a physician may perform or induce a termination of pregnancy."
> — Fla. Stat. § 390.0111(2)

**Legal analysis**

Fla. Stat. § 390.0111(2) provides: 'Only a physician may perform or induce a termination of pregnancy.' A 'physician' is defined in § 390.011(11) as 'a physician licensed under chapter 458 or chapter 459 or a physician practicing medicine or osteopathic medicine in the employment of the United States.' Fla. Stat. § 390.012(3)(b) requires that abortion clinics ensure that physicians performing abortions have admitting privileges at a hospital within reasonable proximity. Fla. Admin. Code R. 59A-9.023 reiterates: 'Abortions shall be performed only by a licensed physician who has admitting privileges at a hospital within reasonable proximity to the clinic.' Abortions may be performed in a licensed abortion clinic (§ 390.014), a hospital, or a physician's office not used primarily for abortions (§ 390.011(2)).

*Sources — Semi-verified · High confidence · Fla. Stat. § 390.0111(2), subsection (2), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html) · Fla. Admin. Code R. 59A-9.023, [Cornell Legal Information Institute](https://www.law.cornell.edu/regulations/florida/Fla-Admin-Code-Ann-R-59A-9-023)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Criminal civil exposure

#### Pregnant woman

**Not exempted; no known prosecutions**

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.

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.

> "Any person, other than the mother, who unlawfully kills an unborn child..."
> — Fla. Stat. § 782.09(1)

**Legal analysis**

Fla. Stat. § 390.0111(10)(a) applies to 'any person who willfully performs, or actively participates in, a termination of pregnancy in violation of the requirements of this section.' Unusually, unlike several other states with abortion restrictions, Florida does not include an express statutory exemption for the pregnant woman — compare, e.g., the partial-birth-specific exemption in § 390.0111(5)(b). The fetal homicide statute, § 782.09(1), expressly limits liability to 'any person, other than the mother.' Section 782.09(4) states that the section 'does not authorize the prosecution of any person in connection with a termination of pregnancy pursuant to chapter 390.' The interplay: the mother is shielded from homicide charges for her own abortion, Chapter 390 provides no general mother-exemption from its felony penalty for illegal abortion, but Florida has not prosecuted any pregnant woman under § 390.0111(10). The practice — mother not prosecuted — thus rests on prosecutorial discretion rather than a statutory shield.

*Sources — Semi-verified · Medium confidence · Fla. Stat. § 782.09(1), subsection (1), [FindLaw](https://codes.findlaw.com/fl/title-xlvi-crimes/fl-st-sect-782-09.html) · Fla. Stat. § 390.0111(10)(a), subsection (10)(a), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)*

**Editor's note.** The gap between the absence of a general mother-exemption in § 390.0111 and the practice of not prosecuting pregnant women creates uncertainty. An aggressive prosecutor could read the statute to reach the pregnant woman. The legislature could amend the statute to add an express exemption, as many other states have done. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

#### Physician

**Third-degree felony; license discipline**

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.

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.

> "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, punishable as provided in s. 775.082, s. 775.083, or s. 775.084."
> — Fla. Stat. § 390.0111(10)(a)-(b)

**Legal analysis**

Fla. Stat. § 390.0111(10)(a): third-degree felony for willfully performing or actively participating in an unlawful termination, punishable under §§ 775.082 (up to 5 years), 775.083 ($5,000 fine), 775.084. Section 390.0111(10)(b): second-degree felony if the violation results in the woman's death, punishable by up to 15 years. Section 390.0111(3)(c): violation of informed-consent requirements constitutes grounds for disciplinary action under § 458.331 (medical practice) or § 459.015 (osteopathic medicine). Section 390.0111(13): failure to comply with any requirement of the section constitutes grounds for disciplinary action under each respective practice act and § 456.072. A third-degree felony carries a maximum of 5 years imprisonment (§ 775.082(3)(e)) and a $5,000 fine (§ 775.083(1)(c)). A second-degree felony carries up to 15 years (§ 775.082(3)(d)) and a $10,000 fine (§ 775.083(1)(b)).

*Sources — Semi-verified · High confidence · Fla. Stat. § 390.0111(10)(a)-(b), subsection (10)(a), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

#### Prescriber pharmacist

**Non-physician prescribing prohibited**

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.

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.

> "Any medications intended for use in a medical abortion must be dispensed in person by a physician and may not be dispensed through the United States Postal Service or by any other courier or shipping service."
> — Fla. Stat. § 390.0111(2)

**Legal analysis**

Fla. Stat. § 390.0111(2) restricts performance or induction to 'only a physician.' The statute defines 'medical abortion' in § 390.011(9) and prohibits telehealth prescribing and mail/courier dispensing. The 'actively participates in' language in § 390.0111(10)(a) is broad enough to encompass a pharmacist who dispenses abortion medication knowing it will be used for an unlawful termination, though no Florida appellate case has tested this theory. The requirement that medication 'must be dispensed in person by a physician' (§ 390.0111(2)) effectively eliminates the pharmacist's role in lawful in-state medication abortion. Pharmacists filling out-of-state prescriptions shipped into Florida face potential exposure; the scope of Florida's territorial jurisdiction and the practical enforceability against out-of-state pharmacies are unresolved.

*Sources — Semi-verified · Medium confidence · Fla. Stat. § 390.0111(2), subsection (2), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)*

**Editor's note.** The scope of 'actively participates in' in § 390.0111(10)(a) has not been interpreted by Florida appellate courts. The risk to pharmacists is theoretical but not yet tested. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

#### Nurses and staff

**Staff at risk as active participants**

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.

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.

> "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..."
> — Fla. Stat. § 390.0111(10)(a)

**Legal analysis**

Fla. Stat. § 390.0111(10)(a) applies to 'any person who willfully performs, or actively participates in, a termination of pregnancy in violation of the requirements of this section.' The phrase 'actively participates in' is not further defined but is broad enough to encompass clinical staff whose actions materially assist the procedure. § 390.0111(8) provides a conscience-based refusal right: 'No person who is a member of, or associated with, the staff of a hospital, nor any employee of a hospital or physician in which or by whom the termination of a pregnancy has been authorized or performed, who shall state an objection to such procedure on moral or religious grounds shall be required to participate.' This provision implies that staff who do not object may otherwise be required to participate — and thus may fall within 'actively participates in' if the abortion is unlawful.

*Sources — Semi-verified · High confidence · Fla. Stat. § 390.0111(10)(a), subsection (10)(a), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

#### Other helpers

**Broad accomplice liability possible**

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.

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.

> "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..."
> — Fla. Stat. § 390.0111(10)(a)

**Legal analysis**

Fla. Stat. § 390.0111(10)(a) imposes third-degree felony liability on 'any person who willfully performs, or actively participates in, a termination of pregnancy in violation of the requirements of this section.' This language is not limited to medical personnel. Florida's general accomplice-liability statute, § 777.011, also provides that anyone who aids, abets, counsels, hires, or otherwise procures an offense to be committed is a principal in the first degree and may be charged accordingly. Read together, a person who funds or facilitates an unlawful abortion could be charged under § 390.0111(10)(a) via § 777.011. No Florida appellate decision has addressed whether funding, driving, or otherwise facilitating an unlawful abortion constitutes 'actively participating in' the termination, but the statutory text provides prosecutors with a colorable basis for such charges.

*Sources — Semi-verified · Low confidence · Fla. Stat. § 390.0111(10)(a), subsection (10)(a), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)*

**Editor's note.** The reach of 'actively participates in' to non-medical helpers is untested in Florida courts. This is an area of legal uncertainty that could be resolved by prosecution, legislative clarification, or appellate decision. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

## Aiding & assisting

### Travel assistance

**No travel ban or trafficking law**

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.

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.

**Legal analysis**

Florida has not enacted an 'abortion trafficking' statute or any law criminalizing the act of traveling out of state for an abortion or assisting another person in doing so. The general 'actively participates in' language in § 390.0111(10)(a) could theoretically be read to encompass travel assistance for an abortion performed in Florida, but it is unlikely to be interpreted to reach out-of-state conduct given territorial limits on state criminal jurisdiction and the constitutional right to interstate travel recognized in Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022) (Kavanaugh, J., concurring). No Florida court or prosecutor has tested this theory.

*Sources — Semi-verified · High confidence · Dobbs v. Jackson Women's Health Org., 597 U.S. 215, 346 (2022) (Kavanaugh, J., concurring), Kavanaugh, J., concurring at 2-3, [Justia](https://supreme.justia.com/cases/federal/us/597/19-1392/)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Funding

**Funding exposes helpers to accomplice risk**

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.

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.

**Legal analysis**

Under Fla. Stat. § 390.0111(10)(a) ('actively participates in') and § 777.011 (principal in the first degree for aiding and abetting), a person who knowingly provides funds for an unlawful abortion could be charged. Florida has no SB8-style civil bounty law, and no statute specifically regulating abortion funds. The risk is contingent on the underlying abortion being 'in violation of the requirements of this section' — lawful abortions within the 6-week window do not expose funders.

*Sources — Semi-verified · Low confidence · Fla. Stat. § 390.0111(10)(a), subsection (10)(a), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)*

**Editor's note.** No Florida reported case addresses criminal liability of an abortion funder. The risk is theoretical. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Mailing pills

**Mailing pills prohibited for providers**

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.

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.

> "Any medications intended for use in a medical abortion must be dispensed in person by a physician and may not be dispensed through the United States Postal Service or by any other courier or shipping service."
> — Fla. Stat. § 390.0111(2)

**Legal analysis**

Fla. Stat. § 390.0111(2) provides that medications 'may not be dispensed through the United States Postal Service or by any other courier or shipping service.' Violation subjects the sender to third-degree felony liability under § 390.0111(10)(a). Whether a person who orders pills for their own use violates this provision is unclear — the statute is directed at the dispenser (physician), but the recipient could arguably be charged as an accomplice under § 777.011. The FDA's 2023 removal of the in-person dispensing requirement for mifepristone creates a federal-state conflict; the question of FDA preemption of Florida's mail ban is unresolved in this jurisdiction.

*Sources — Semi-verified · High confidence · Fla. Stat. § 390.0111(2), subsection (2), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)*

**Editor's note.** Federal-state preemption regarding FDA approval of mail-order mifepristone is contested nationally. Monitor the Fifth Circuit and Supreme Court proceedings in Louisiana v. FDA for implications for Florida's mail ban. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Providing information

**Information provision: First Amendment shield**

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.

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.

**Legal analysis**

Florida does not have a statute criminalizing the provision of information, referrals, or counseling about abortion. The First Amendment protects truthful speech about lawful out-of-state activity. Bigelow v. Virginia, 421 U.S. 809 (1975), struck down a ban on advertising abortion services. More recently, the Supreme Court has reaffirmed that content-based speech restrictions are subject to strict scrutiny and that states may not suppress truthful information about lawful services. Any Florida attempt to criminalize the provision of information about legal out-of-state abortion would likely be held unconstitutional. The 'actively participates in' language of § 390.0111(10)(a) is unlikely to encompass mere speech about abortion that does not directly facilitate an unlawful in-state procedure.

*Sources — Semi-verified · High confidence · Bigelow v. Virginia, 421 U.S. 809 (1975), [Justia](https://supreme.justia.com/cases/federal/us/421/809/)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Civil bounty

**No civil bounty law**

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.

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.

**Legal analysis**

Florida has not enacted a private civil enforcement mechanism for abortion restrictions. Fla. Stat. § 390.0111(11) provides a civil action for partial-birth abortion by the father (if married to the mother) or maternal grandparents (if the mother is under 18), with remedies including monetary damages and treble damages. However, the underlying partial-birth abortion prohibition in § 390.0111(5) is permanently enjoined, rendering the civil remedy unenforceable. Florida has no SB8-style statute authorizing private suits against abortion providers or helpers by any member of the public.

*Sources — Semi-verified · High confidence · Fla. Stat. § 390.0111(11), subsection (11)(a), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

## Procedural requirements

### Waiting period

**24-hour mandatory delay**

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.

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.

> "the physician who is to perform the procedure, or the referring physician, has, at a minimum, orally, while physically present in the same room, and at least 24 hours before the procedure, informed the woman of..."
> — Fla. Stat. § 390.0111(3)(a)(1)

**Legal analysis**

Fla. Stat. § 390.0111(3)(a)(1) requires that the physician 'orally, while physically present in the same room, and at least 24 hours before the procedure, informed the woman of' specified information including the nature and risks of the procedure, the probable gestational age verified by ultrasound, and the medical risks of carrying to term. The 24-hour waiting period was the subject of extended litigation in Gainesville Woman Care, LLC v. State. After the Florida Supreme Court upheld the law in 2017 (210 So. 3d 1243), the waiting period went into effect upon entry of final judgment on April 25, 2022. There is no waiver of the waiting period except in medical emergencies under § 390.0111(3)(b). Victims of rape, incest, domestic violence, or human trafficking can receive the required information within 24 hours before the procedure (rather than at least 24 hours before, but still in person), and the ultrasound-viewing requirement is relaxed.

*Sources — Semi-verified · High confidence · Fla. Stat. § 390.0111(3)(a)(1), subsection (3)(a)(1), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Mandatory counseling

**State-scripted materials required**

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.

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.

> "Printed materials prepared and provided by the department have been provided to the pregnant woman, if she chooses to view these materials, including: a. A description of the fetus, including a description of the various stages of development. b. A list of entities that offer alternatives to terminating the pregnancy."
> — Fla. Stat. § 390.0111(3)(a)(2)

**Legal analysis**

Fla. Stat. § 390.0111(3)(a)(2) requires that 'printed materials prepared and provided by the department have been provided to the pregnant woman, if she chooses to view these materials, including: a. A description of the fetus, including a description of the various stages of development. b. A list of entities that offer alternatives to terminating the pregnancy. c. Detailed information on the availability of medical assistance benefits for prenatal care, childbirth, and neonatal care.' Subsection (3)(a)(1) requires the physician to inform the woman of the nature and risks of the procedure and of carrying to term, and the probable gestational age verified by ultrasound. The woman must acknowledge in writing that the information has been provided.

*Sources — Semi-verified · High confidence · Fla. Stat. § 390.0111(3)(a)(2), subsection (3)(a)(2), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Ultrasound requirement

**Ultrasound performed; viewing optional**

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.

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.

> "The ultrasound must be performed by the physician who is to perform the abortion or by a person having documented evidence that he or she has completed a course in the operation of ultrasound equipment as prescribed by rule and who is working in conjunction with the physician."
> — Fla. Stat. § 390.0111(3)(a)(1)(b)(I)

**Legal analysis**

Fla. Stat. § 390.0111(3)(a)(1)(b)(I)-(IV): the ultrasound must be performed by the physician who will perform the abortion or by a person with documented ultrasound training working with the physician. The person performing the ultrasound must offer the woman the opportunity to view the images and hear an explanation. If she accepts, a physician, RN, LPN, APRN, or PA must contemporaneously review and explain. If she declines, she completes a form acknowledging the offer and confirming her decision was not based on undue influence. Subsection (IV) provides that the offer is not required if the woman has presented documentation of rape, incest, domestic violence, or human trafficking, or has been diagnosed with a condition that would create a serious risk of substantial and irreversible impairment if abortion were delayed.

*Sources — Semi-verified · High confidence · Fla. Stat. § 390.0111(3)(a)(1)(b)(I), subsection (3)(a)(1)(b)(I), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### In person visits

**At least 2 in-person visits required**

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.

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.

> "orally, while physically present in the same room, and at least 24 hours before the procedure"
> — Fla. Stat. § 390.0111(3)(a)(1)

**Legal analysis**

Fla. Stat. § 390.0111(3)(a)(1) requires the physician to provide information 'orally, while physically present in the same room, and at least 24 hours before the procedure.' Section 390.0111(2) requires in-person performance or dispensing by a physician. Together, these mandate a minimum of two in-person visits. For medication abortion, the dispensing visit is the second visit. This effectively imposes a two-visit minimum for all abortions, and a practical three-visit sequence if the initial consultation, the 24-hour counseling, and the procedure/dispensing occur on separate days — though the consultation and counseling can be combined. The requirement cannot be satisfied by telehealth.

*Sources — Semi-verified · High confidence · Fla. Stat. § 390.0111(3)(a)(1), subsection (3)(a)(1), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

## Minors

### Parental involvement

**Consent and notice: one parent**

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.

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.

> "A physician may not perform or induce the termination of a pregnancy of a minor unless the physician has complied with the notice and consent requirements of this section."
> — Fla. Stat. § 390.01114(3)

**Legal analysis**

Fla. Stat. § 390.01114, the 'Parental Notice of and Consent for Abortion Act,' requires a physician to both notify a parent or legal guardian and obtain notarized written consent before performing an abortion on a minor. Notice must be given at least 48 hours before the procedure (subsection (3)). Consent must be provided in writing and notarized. The law provides exceptions for medical emergency (subsection (4)(a)) and for a minor who obtains a judicial waiver (subsection (4)(b)). A 2025 Florida intermediate appellate court decision struck down certain provisions of the law as unconstitutional under the Florida Constitution's Privacy Clause, but because the Florida Supreme Court has since held that the Privacy Clause does not protect abortion at all (Planned Parenthood v. State, 2024), the ongoing effect of that intermediate appellate ruling is uncertain. The parental-consent requirement was originally authorized by a 2004 constitutional amendment (Amendment 1) that added language to Article X, Section 22 of the Florida Constitution authorizing the legislature to require parental notification.

*Sources — Semi-verified · High confidence · Fla. Stat. § 390.01114(3), subsection (3), [Online Sunshine](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399%2F0390%2FSections%2F0390.01114.html)*

**Editor's note.** A 2025 intermediate Florida appellate court ruling struck down parts of the parental-consent framework; re-verify the current status and whether the Florida Supreme Court has taken review. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Judicial bypass

**Bypass available; maturity/best interest standard**

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.

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.

**Legal analysis**

Fla. Stat. § 390.01114(4)(b)-(6) provides the judicial bypass procedure. The minor may petition any circuit court. The court must rule within 48 hours of the petition being filed (excluding weekends and holidays). The standard is whether the minor is sufficiently mature to decide whether to terminate her pregnancy, or, if the court finds she is not mature, whether termination is in her best interest. The entire proceeding is confidential under § 390.01116, which exempts records relating to judicial waiver proceedings from public records disclosure. Appeal is available. The minor is entitled to court-appointed counsel (§ 390.01114(5)(b)). No filing fee is required. The Florida Supreme Court struck down a previous version of the parental-notification law (without bypass) in 1989 as violating the Privacy Clause (In re T.W., 551 So. 2d 1186). The current framework with judicial bypass was enacted subsequent to the 2004 constitutional amendment.

*Sources — Semi-verified · High confidence · Fla. Stat. § 390.01114(4)(b)-(6), subsection (6), [Online Sunshine](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399%2F0390%2FSections%2F0390.01114.html)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

## Paternal spousal rights

### Consent or notice laws

**No spousal consent or notice law**

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.

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.

**Legal analysis**

Florida has no spousal consent or notice requirement in its abortion statutes. Any such provision would be unconstitutional under Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52 (1976), and Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992), which held that spousal-notice requirements impose an undue burden. Although Dobbs has called the undue-burden standard into question, the Danforth and Casey holdings on spousal consent remain binding Supreme Court precedent. The only paternal-rights provision in Chapter 390 is § 390.0111(11), which grants a civil cause of action to the father (if married to the mother) for a partial-birth abortion, but the underlying partial-birth prohibition in § 390.0111(5) is permanently enjoined.

*Sources — Semi-verified · High confidence · Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52 (1976), [Justia](https://supreme.justia.com/cases/federal/us/428/52/)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Enforceability

**Post-Dobbs: Danforth still controls**

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.

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.

**Legal analysis**

Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022), overruled Roe v. Wade and Planned Parenthood v. Casey to the extent those decisions recognized a federal constitutional right to abortion, but did not overrule Danforth's spousal-consent holding, which rests on the broader principle that the state cannot delegate to a spouse a veto power over the other spouse's medical decisions. Casey reaffirmed Danforth on this point. No court post-Dobbs has upheld a spousal notice or consent requirement. Florida has no such requirement on its books.

*Sources — Semi-verified · High confidence · Casey, 505 U.S. at 898, [Justia](https://supreme.justia.com/cases/federal/us/505/833/)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Other paternal rights

**No paternal abortion-veto rights**

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.

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).

**Legal analysis**

No Florida statute gives a father or putative father the right to consent to, notice of, or veto an abortion. Florida courts have not recognized a common-law or equitable paternal right to enjoin an abortion. Florida currently does not permit a wrongful death action for an unborn child; the Florida Supreme Court held in Duncan v. Flynn, 358 So. 2d 178 (Fla. 1978), and reaffirmed in Tanner v. Hartog, 696 So. 2d 705 (Fla. 1997), that an unborn fetus is not a 'person' under the Wrongful Death Act. The common-law action for negligent stillbirth recognized in Tanner allows parents to recover for mental pain and anguish and medical expenses, but this is distinct from a fetal wrongful-death action. HB 289, which would amend the Wrongful Death Act to permit parents to recover for the death of an unborn child at any stage, passed the Florida House on January 15, 2026, by a 76-34 vote; its Senate companion (SB 164) died in the Senate Rules Committee. The bill may be reintroduced in a future session.

*Sources — Verified at source · High confidence · Duncan v. Flynn, 358 So. 2d 178 (Fla. 1978), page 4, [Bill Analysis, HB 289 (2026)](https://www.flsenate.gov/Session/Bill/2026/289/Analyses/h0289b.JDC.PDF)*

## Fetal personhood

### Fetal homicide law

**Unborn child homicide, mother exempt**

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.

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.

> "Any person, other than the mother, who unlawfully kills an unborn child by any injury to the mother... commits murder in the first degree... This section does not authorize the prosecution of any person in connection with a termination of pregnancy pursuant to chapter 390."
> — Fla. Stat. § 782.09(1), (4)

**Legal analysis**

Fla. Stat. § 782.09 provides that the unlawful killing of an unborn child by injury to the mother is murder or manslaughter in the same degree as if the mother were killed. Subsection (1) limits liability to 'any person, other than the mother,' expressly exempting the pregnant woman. Subsection (4) states: 'This section does not authorize the prosecution of any person in connection with a termination of pregnancy pursuant to chapter 390.' Subsection (5) defines 'unborn child' by reference to § 775.021(5), which defines the term as 'a member of the species Homo sapiens, at any stage of development, who is carried in the womb.' Florida also has vehicular homicide of an unborn child under § 782.071. The killing of an unborn child by operation of a vessel is covered by § 782.072. These provisions reflect a clear legislative choice to treat the fetus as a separate victim for purposes of third-party criminal violence while exempting both the mother and lawful abortion from the scope of the statute.

*Sources — Semi-verified · High confidence · Fla. Stat. § 782.09(1), (4), subsections (1), (4), [FindLaw](https://codes.findlaw.com/fl/title-xlvi-crimes/fl-st-sect-782-09.html)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Wrongful death

**No civil wrongful death for fetus**

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.

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.

> "there is no cause of action under Florida's Wrongful Death Act for the death of a stillborn fetus."
> — Tanner v. Hartog, 696 So. 2d 705, 706 (Fla. 1997)

**Legal analysis**

In Duncan v. Flynn, 358 So. 2d 178 (Fla. 1978), the Florida Supreme Court held that an unborn viable fetus is not a 'person' under the Wrongful Death Act (Fla. Stat. §§ 768.16-.26). In Tanner v. Hartog, 696 So. 2d 705 (Fla. 1997), the Court reaffirmed that holding but recognized a common-law action for negligent stillbirth allowing parents to recover for mental pain and anguish and medical expenses. The Court stated: 'there is no cause of action under Florida's Wrongful Death Act for the death of a stillborn fetus.' In 2026, the Florida House passed CS/HB 289, which would expand the Wrongful Death Act to allow parents to sue for the death of an 'unborn child' at any stage of development, defining 'unborn child' by reference to § 775.021(5)(e). The bill exempts the mother and health care providers providing lawful medical care from liability. Its Senate companion (SB 164) died in the Senate Rules Committee.

*Sources — Verified at source · High confidence · Tanner v. Hartog, 696 So. 2d 705, 706 (Fla. 1997), page 4, [Florida House Bill Analysis (HB 289, 2026)](https://www.flsenate.gov/Session/Bill/2026/289/Analyses/h0289b.JDC.PDF)*

**Editor's note.** HB 289 passed the House in January 2026. If the Senate passes a companion bill, Florida law on fetal wrongful death would change materially. Monitor the 2027 legislative session.

### Personhood definition

**Unborn child defined at any stage**

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.

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.

> "As used in this subsection, the term 'unborn child' means a member of the species Homo sapiens, at any stage of development, who is carried in the womb."
> — Fla. Stat. § 775.021(5)(e)

**Legal analysis**

Fla. Stat. § 775.021(5)(e) 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 by cross-reference to the fetal homicide statute (§ 782.09), vehicular homicide (§ 782.071), and vessel homicide (§ 782.072). The abortion chapter (Ch. 390) does not incorporate this definition. Instead, the born-alive provisions in § 390.0111(12)(f) explicitly state 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 as defined in s. 390.011.' The Florida Constitution does not contain a fetal-personhood provision.

*Sources — Semi-verified · High confidence · Fla. Stat. § 775.021(5)(e), subsection (5)(e), [Online Sunshine](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0775%2FSections%2F0775.021.html)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### 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 & interstate questions

### Telehealth prescribing

**Telehealth prescribing prohibited**

Florida law explicitly prohibits physicians from using telehealth to perform an abortion, including prescribing medication abortion; all abortion care must be delivered in person.

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.

> "A physician may not use telehealth as defined in s. 456.47 to perform an abortion, including, but not limited to, medical abortions."
> — Fla. Stat. § 390.0111(2)

**Legal analysis**

Fla. Stat. § 390.0111(2) provides: 'A physician may not use telehealth as defined in s. 456.47 to perform an abortion, including, but not limited to, medical abortions.' This is a flat prohibition. Combined with the requirement that medication 'must be dispensed in person by a physician,' the statute forecloses telehealth as a means of providing any form of abortion care to Florida patients. A physician located out of state who prescribes abortion medication to a Florida patient via telehealth would be subject to Florida's third-degree felony penalty and potential license discipline in Florida and their home state, though practical enforcement against out-of-state providers is uncertain.

*Sources — Semi-verified · High confidence · Fla. Stat. § 390.0111(2), subsection (2), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Out of state travel

**Travel out of state not restricted**

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.

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.

**Legal analysis**

Florida has not enacted any restriction on out-of-state travel for abortion. Justice Kavanaugh's concurrence in Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022), stated that 'a State [may not] bar a resident of that State from traveling to another State to obtain an abortion' based on the constitutional right to interstate travel. No Florida statute, regulation, or executive action attempts to restrict or penalize out-of-state travel for abortion. This remains a significant practical avenue for Florida residents seeking care after 6 weeks.

*Sources — Semi-verified · High confidence · Dobbs, 597 U.S. at 346 (Kavanaugh, J., concurring), Kavanaugh, J., concurring, [Justia](https://supreme.justia.com/cases/federal/us/597/19-1392/)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Shield or hostile laws

**No shield law; hostile to providers**

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.

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.

**Legal analysis**

Florida has not enacted a shield law of the type adopted by states like New York, California, and Massachusetts, which protect abortion providers and patients from out-of-state subpoenas, extradition requests, and adverse licensing actions based on lawful abortion care provided in the shield state. Florida is not among the 18 states and D.C. that have adopted such protections. Conversely, Florida has not enacted laws specifically targeting or facilitating cross-border abortion investigations from other states. Its posture is simply restrictive toward in-state abortion without projecting its criminal jurisdiction extraterritorially.

*Sources — Semi-verified · High confidence · Guttmacher Institute, Shield Laws Related to Sexual and Reproductive Health Care, [Guttmacher Institute](https://www.guttmacher.org/state-policy/explore/shield-laws-sexual-and-reproductive-health-care)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

## Funding and insurance

### Medicaid

**Hyde-only: life, rape, incest**

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.

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.

**Legal analysis**

Florida restricts Medicaid coverage to the federal Hyde Amendment floor: abortion coverage only when the pregnancy results from rape or incest, or when the pregnant woman's life is endangered. Fla. Stat. § 390.0111(15) further restricts the use of public funds by state agencies, local governments, and managed care plans from contracting with abortion-providing organizations except under narrow circumstances. Florida is among the states that follow Hyde only and does not use state funds to cover abortions beyond Hyde categories.

*Sources — Semi-verified · High confidence · Fla. Stat. § 390.0111(15), subsection (15), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### Private insurance

**Restricted; rider may be required**

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.

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.

**Legal analysis**

Fla. Stat. § 627.64995 restricts abortion coverage in health insurance policies. Exchange plans are restricted from covering abortion under a 2011 Florida law (ch. 2011-111, Laws of Fla.) that prohibits plans in the ACA marketplace from covering abortion as defined in § 390.011(1) except when the pregnancy results from rape or incest, or to save the life of the mother. A separate optional rider may be available for additional abortion coverage. Self-insured employer plans governed by ERISA are generally not subject to state insurance mandates.

*Sources — Verify before publication · Medium confidence · Fla. Stat. § 627.64995, subsection (2), [FindLaw](https://codes.findlaw.com/fl/title-xxxvii-insurance/fl-st-sect-627-64995.html)*

**Editor's note.** Re-verify the specific subsection numbers and operative language in the current version of § 627.64995, as the FindLaw snippet may not reflect the complete statutory text.

### Exchange plans

**ACA plans: rape, incest, life only**

Plans sold on Florida's ACA marketplace may only cover abortion in cases of rape, incest, or life endangerment, absent a separately purchased rider.

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.

**Legal analysis**

Chapter 2011-111, Laws of Florida, enacted restrictions on abortion coverage in qualified health plans offered through the ACA exchange. The operative language prohibits exchange plans from providing coverage for abortion as defined in § 390.011(1) except when the pregnancy is the result of rape or incest, or when necessary to preserve the life of the mother, unless a separate optional rider is purchased. These restrictions remain in force.

*Sources — Semi-verified · High confidence · Ch. 2011-111, Laws of Fla., [Florida Legislature (flleg.gov)](https://sb.flleg.gov/nxt/gateway.dll?f=id%24id%3DLAW2011-111%24t%3Ddocument-frameset.htm%243.0%24p%3D)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

### State funding of providers

**Defunded: state funds restricted**

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.

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.

> "A state agency, a local governmental entity, or a managed care plan providing services under part IV of chapter 409 may not expend funds for the benefit of, pay funds to, or initiate or renew a contract with an organization that owns, operates, or is affiliated with one or more clinics that are licensed under this chapter and perform abortions unless..."
> — Fla. Stat. § 390.0111(15)

**Legal analysis**

Fla. Stat. § 390.0111(15) prohibits state agencies, local governmental entities, and managed care plans from expending funds for the benefit of, paying funds to, or contracting with an organization that owns, operates, or is affiliated with abortion clinics unless: (a) all abortions performed by such clinics are for rape, incest, or to save the life or avert serious physical impairment of the pregnant woman; (b) the funds fulfill a contract entered before July 1, 2016; or (c) the funds are Medicaid fee-for-service reimbursements. This is a defunding provision targeted at abortion providers.

*Sources — Semi-verified · High confidence · Fla. Stat. § 390.0111(15), subsection (15), [FindLaw](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)*

**Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.

## Penalties

| Actor | Offense | Penalty | Verification |
| --- | --- | --- | --- |
| 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) | Semi-verified |
| 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 | Semi-verified |
| 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 | Verify before publication |
| 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 | Semi-verified |
| 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) | Semi-verified |
| Violation of born-alive protections | Failure to provide care to an infant born alive during or after an attempted abortion | Third-degree felony | Semi-verified |
| Third party killing unborn child (non-abortion) | Unlawful killing of an unborn child by injury to the mother (fetal homicide under § 782.09) | Capital felony, first-degree felony, second-degree felony, or manslaughter (second-degree felony), mirroring the degree of the homicide against the mother | Semi-verified |

## Recent changes

- **July 1, 2022** — 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 — Planned Parenthood of Southwest & Central Florida v. State, No. SC2022-1050, [Center for Reproductive Rights](https://reproductiverights.org/cases/planned-parenthood-southwest-central-florida-v-state-florida)*
- **April 13, 2023** — 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 — Ch. 2023-21, Laws of Fla. (SB 300), [Florida Senate](https://www.flsenate.gov/Session/Bill/2023/300)*
- **April 1, 2024** — 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 — Planned Parenthood v. State, No. SC2022-1050 (Fla. Apr. 1, 2024), [Florida Supreme Court](https://supremecourt.flcourts.gov/content/download/2285280/opinion/Opinion_SC2022-1050)*
- **May 1, 2024** — 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 — Guttmacher Institute, Florida's Six-Week Ban Led to Substantial Drop in Clinician-Provided Abortions, [Guttmacher Institute](https://www.guttmacher.org/2024/09/floridas-six-week-ban-led-substantial-drop-clinician-provided-abortions)*
- **November 5, 2024** — 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 — Florida Amendment 4, Right to Abortion Initiative (2024), [Ballotpedia](https://ballotpedia.org/Florida_Amendment_4,_Right_to_Abortion_Initiative_(2024))*
- **May 14, 2025** — 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 — Florida appeals court decision, May 2025, [WUSF](https://www.wusf.org/courts-law/2025-05-14/florida-appeals-court-strikes-down-abortion-law-minors-no-parental-consent-demed-unconstitutional)*
- **January 15, 2026** — 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 — CS/HB 289 (2026), [Florida House of Representatives](https://www.flsenate.gov/Session/Bill/2026/289)*

## Pending changes

### Parental consent law challenge (Florida intermediate appellate court) (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.

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 — WUSF, May 14, 2025, [WUSF Public Media](https://www.wusf.org/courts-law/2025-05-14/florida-appeals-court-strikes-down-abortion-law-minors-no-parental-consent-demed-unconstitutional)*

### FDA preemption and medication abortion access (national litigation) (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.

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 — Health Affairs Forefront, May 2026, [Health Affairs](https://www.healthaffairs.org/content/forefront/supreme-court-temporarily-blocks-ruling-barring-telehealth-and-pharmacy-access)*

### Fetal wrongful death (HB 289 / SB 164, 2026 session) (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.

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 — CS/HB 289 (2026), [Florida House of Representatives](https://www.flsenate.gov/Session/Bill/2026/289)*

## Key authorities

- **Florida Heartbeat Protection Act (6-week ban)** — Fla. Stat. § 390.0111(1); ch. 2023-21, Laws of Fla. _(Statute)_ · [codes.findlaw.com/fl/title-xxix-publi…](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)
  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.
- **Termination of pregnancies — full section** — Fla. Stat. § 390.0111 _(Statute)_ · [codes.findlaw.com/fl/title-xxix-publi…](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)
  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.
- **Definitions for Chapter 390** — Fla. Stat. § 390.011 _(Statute)_ · [codes.findlaw.com/fl/title-xxix-publi…](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-011.html)
  Defines 'abortion,' 'gestation' (measured from LMP), 'viability,' 'fatal fetal abnormality,' 'medical abortion,' and 'physician' — the definitions that determine the scope of the entire chapter.
- **Planned Parenthood v. State (Florida Supreme Court, 2024)** — Planned Parenthood of Southwest & Central Florida v. State, No. SC2022-1050 (Fla. Apr. 1, 2024) _(Case)_ · [supremecourt.flcourts.gov/content/download/22…](https://supremecourt.flcourts.gov/content/download/2285280/opinion/Opinion_SC2022-1050)
  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.
- **Fetal homicide statute** — Fla. Stat. § 782.09 _(Statute)_ · [codes.findlaw.com/fl/title-xlvi-crime…](https://codes.findlaw.com/fl/title-xlvi-crimes/fl-st-sect-782-09.html)
  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.
- **Definition of 'unborn child' in criminal code** — Fla. Stat. § 775.021(5)(e) _(Statute)_ · [leg.state.fl.us/statutes/index.cfm](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0775%2FSections%2F0775.021.html)
  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.
- **Parental Notice of and Consent for Abortion Act** — Fla. Stat. § 390.01114 _(Statute)_ · [leg.state.fl.us/statutes/index.cfm](https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399%2F0390%2FSections%2F0390.01114.html)
  Requires parental notice and consent for minors, with judicial bypass — controls access for anyone under 18.
- **Florida Constitution Privacy Clause** — Art. I, § 23, Fla. Const. _(Constitution)_ · [codes.findlaw.com/fl/florida-constitu…](https://codes.findlaw.com/fl/florida-constitution1968-revision/fl-const-art-1-sect-23)
  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.
- **Amendment 4 — Right to Abortion Initiative (2024)** — 2024 Florida Amendment 4 _(Ballot measure)_ · [ballotpedia.org/Florida_Amendment_4…](https://ballotpedia.org/Florida_Amendment_4,_Right_to_Abortion_Initiative_(2024))
  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.
- **Defunding provision** — Fla. Stat. § 390.0111(15) _(Statute)_ · [codes.findlaw.com/fl/title-xxix-publi…](https://codes.findlaw.com/fl/title-xxix-public-health/fl-st-sect-390-0111.html)
  Prohibits state and local governmental funding of abortion providers, cutting off public resources from clinics that perform abortions.
- **Tanner v. Hartog (no fetal wrongful death)** — Tanner v. Hartog, 696 So. 2d 705 (Fla. 1997) _(Case)_ · [flsenate.gov/Session/Bill/2026/2…](https://www.flsenate.gov/Session/Bill/2026/289/Analyses/h0289b.JDC.PDF)
  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.
- **AGO 85-73 — State preemption of abortion clinic regulation** — Op. Att'y Gen. Fla. 85-73 (1985) _(Ag opinion)_ · [myfloridalegal.com/ag-opinions/regulat…](https://www.myfloridalegal.com/ag-opinions/regulation-of-abortion-clinics-preemption)
  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. Analysis current as of July 12, 2026; research completed July 12, 2026. 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. Unresolved points: 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..