Florida's 6-week abortion ban is now in effect, curbing access across the South (2024)

TAMPA, Fla. — Starting today, people can no longer access legal abortions in Florida beyond six weeks of pregnancy, except in rare circ*mstances.

The restriction replaces a 15-week ban that's been in effect since July 2022, shortly after the U.S. Supreme Court overturned Roe v. Wade.

Abortion rights supporters say it will dramatically curb access to the procedure for thousands of residents in Florida and around the South. Proponents of the ban say it "protects life."

Voters will have a say on the matter in November when a proposal to enshrine abortion rights into the state constitution will appear on the election ballot. Regardless of what happens this fall, the ban could have far-reaching effects.

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Opponents of the ban stress that many people don't realize they are pregnant at six weeks. But for those that do, abortion services remain available in the state until that time frame.

Abortion care providers in the state like Planned Parenthood are doing ultrasounds earlier and have extended their hours to accommodate as many patients as they can.

"We want to be able to help everyone with information in order to access care as quickly as possible," says Barbara Zdravecky, interim CEO of Planned Parenthood of Southwest and Central Florida.

Still, she expects many patients will be too far along when they reach out for help.

"The emotional turmoil that's going to happen, the anger, the fear, the anxiety is going to be great," says Zdravecky, who adds centers are ramping up support staff to respond to patients' concerns and help them navigate their options.

Adding to scheduling challenges are Florida's 24-hour mandatory waiting period and a ban on using telemedicine for abortions. Patients have to attend two in-person appointments, one for a consultation and another for the procedure at least one day later.

The South loses a major abortion access point

Florida joins eleven other states in the South that have already severely restricted abortion in recent years, either with six-week bans or total bans. Residents in those places have relied on Florida to access the procedure.

Out-of-state residents fueled a steady increase in abortions in Florida despite the 15-week ban. Nearly 8,000 people traveled to the state last year for abortions, according to data from the state Agency for Health Care Administration. That's nearly 10% of all patients.

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"We don't want to be an abortion tourism destination," Gov. Ron DeSantis said last fall.

Florida is no longer an option for the rest of the region. North Carolina allows abortions until 12 weeks of pregnancy, but has a 72-hour mandatory waiting period with in-person requirements, so it isn't always a viable alternative.

Instead, advocates that help people access abortions are advising them to travel further to places like Virginia, Illinois or Washington, D.C. That will become increasingly difficult if clinics in states with expanded abortion access struggle to accommodate the influx of patients.

"We're estimating about 90% of our callers are going to need to go out-of-state and that we'll have a large increase in callers because this is going to be a whole new cost for people seeking abortions," says McKenna Kelley, a volunteer board member with the Tampa Bay Abortion Fund.

Abortion funds can help pregnant people cover the cost of abortion procedures and relieve some of the logistical challenges associated with seeking care. But paying for flights, hotel stays and other expenses associated with long-distance travel is much more challenging than giving someone a ride to a nearby clinic.

While what Kelley calls "rage donations" poured in from supporters angry about the Dobbs v. Jackson Women's Health Organization decision in 2022, abortion funds say Florida's recent ban hasn't been met with the same response. Organizers fear they won't be able to help everyone in need, but say funds are working together to form a stronger support network around the country.

Even with assistance, travel may not be an option for some people, which means they may choose to self-manage their abortions or carry unwanted pregnancies to term.

"This truly is an American health care crisis," says Zdravecky with Planned Parenthood.

Supporters of the ban suggest pregnancy centers that oppose abortion as alternatives

Florida's 6-week abortion ban is now in effect, curbing access across the South (2)

Orlando Police officers move back anti-abortion rights protesters near the "Rally to Stop the Six-Week Abortion Ban" in Orlando, Fla., on April 13, 2024.

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Joe Raedle

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Getty Images

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Opponents of abortion rights in Florida advocated for the state's six-week ban and have also been busy gearing up for its implementation.

"Our position is we need to protect unborn children, we need to celebrate life, protect life, that's the chief role of government," says John Stemberger, president of Liberty Counsel Action, a religious liberty organization that supports abortion bans.

The group has been briefing the nearly 200 crisis pregnancy centers in Florida about the law and how to prepare for a potential increase in demand for services, he says.

These centers are usually run by faith-based organizations. They encourage pregnant women not to get abortions and to consider parenting or adoption instead. They sometimes offer free ultrasounds or baby supplies.

"We really want to appeal to young mothers or even older mothers who are in what we'd consider a crisis pregnancy to basically think differently about the issue," says Stemberger.

The law that imposes the six-week abortion ban also increased funding for pregnancy centers to $25 million, up from roughly $4 million in 2022.

Some crisis pregnancy centers have been known to provide people with misleading or inaccurate medical information. There have also been calls for more oversight.

Adoption services in the state are also preparing to support more birth mothers who may choose that option.

Florida's six-week ban includes exceptions for some vulnerable communities and when a mother or fetus' life is in danger.

Survivors of rape, incest or human trafficking can access abortions until 15 weeks of pregnancy under the new law, but it mandates they provide documentation, such as a police report or medical record, and providers may be obligated to report the crime in some cases.

Many survivors don't feel safe or comfortable reporting assaults, says Stephanie Loraine Piñeiro, executive director of the abortion fund Florida Access Network. She calls the requirements "unrealistic" and "incredibly cruel."

As with the previous 15-week ban, there are exceptions to save the pregnant person's life or avert "substantial and irreversible" bodily harm. Patients can also access abortions until the third trimester if physicians detect the fetus has a fatal abnormality.

Voters can weigh in on the ban in November

Florida's 6-week abortion ban is now in effect, curbing access across the South (3)

Supporters of President Joe Biden cheer as they await his speech about reproductive freedom at Hillsborough Community College-Dale Mabry Campus in Tampa, Fla., on April 23, 2024.

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Andrew Caballero-Reynolds

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AFP via Getty Images

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On the same day that it upheld the 15-week ban, which allowed the six-week ban to go into effect, the Florida Supreme Court also allowed a proposal to enshrine abortion rights in the state constitution to remain on the November ballot.

If passed, Amendment 4 would allow abortion access in Florida until fetal viability, which is usually around 24 weeks, "or when necessary to protect the patient's health, as determined by the patient's healthcare provider."

Supporters and opponents of abortion rights have made it a priority moving forward.

"It's critical that we turn out the vote this fall for people to protect their freedoms. The [state] Supreme Court has basically put this issue in the voters' hands," says Florida House Minority Leader Fentrice Driskell, a Democrat.

President Joe Biden made abortion the focus of a visit to Tampa last Monday, while Vice President Kamala Harris is scheduled to talk about it in Jacksonville on Wednesday.

Opponents of the ballot initiative call it a "radical, no-limits" abortion amendment and are campaigning against it.

"Prop 4, the abortion lobby's dream amendment, is extremely misleading," says Susan B. Anthony Pro-Life America President Marjorie Dannenfelser in a statement following President Biden's visit to Tampa.

The wording of the proposal was at the heart of the state's legal challenge to the effort. Attorney General Ashley Moody argued it would confuse voters. But in its 4-3 opinion, the state Supreme Court wrote that the proposal was "plainly stated in terms that clearly and unambiguously reflect the text of the proposed amendment."

The increased attention on the ballot initiative is appreciated, says Megan Jeyifo, executive director of the Chicago Abortion Fund, which has been working with partners in Florida to help patients travel to the Midwest for care. But she worries people may devote all their resources to getting that passed and forget the pregnant people affected by the ban now.

"Because [Amendment 4] will be won on the backs of those people, you know it will be won, and people will give birth when they didn't want to," she says.

Other states have successfully passed ballot initiatives to protect abortion rights, but none had quite as high a threshold as Florida. For Amendment 4 to pass, 60% of voters need to approve it.

Copyright 2024 WUSF 89.7. To see more, visit WUSF 89.7. Florida's 6-week abortion ban is now in effect, curbing access across the South (4)

Florida's 6-week abortion ban is now in effect, curbing access across the South (2024)

FAQs

What is the abortion statute in Florida? ›

Yes. Abortion is legal in Florida. However, Florida bans abortion after 6 weeks, 0 days of pregnancy and has some other restrictions on abortion access. To figure out how far along you are in pregnancy, count from the first day of your last period.

Can you get an abortion if you have an ectopic pregnancy in Florida? ›

Also, both rules say that it “does not constitute an abortion” if doctors try to induce live births and babies die because of prematurely ruptured membranes. Similarly, treatment of ectopic pregnancies and trophoblastic tumors will not be considered abortions.

How many planned parenthoods are there in Florida? ›

Get the care you need from the experts you trust.

Make an appointment at one of our 8 health centers in Florida, or book a telehealth appointment at our virtual health center.

What is a fatal fetal anomaly in Florida? ›

(6) “Fatal fetal abnormality” means 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.

What is the statute 390.011 in Florida? ›

390.011 Definitions. —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. (b) A physician's office, provided that the office is not used primarily for the performance of abortions.

What is the difference between a tubal abortion and an ectopic pregnancy? ›

Sometimes, the embryo is expelled by the fallopian tube before rupture occurs. This is called a "tubal abortion." Those who have tubal abortion can develop either severe bleeding, requiring surgery, or minimal bleeding that does not require treatment. Ectopic pregnancies rarely resolve on their own.

Is abortion legal in New York? ›

New York made abortion legal in 1970 – three years before Roe v. Wade. In 2019, New York passed the Reproductive Health Act to protect access to reproductive rights throughout the state and make the right to abortion found in Roe v. Wade part of state law.

What is the best definition of abortion? ›

Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of all pregnancies.

Does Florida Health Care cover abortions? ›

Will private insurance cover an abortion in Florida? Florida is one of several states that does not allow the coverage of abortion as part of private health insurance plans under the Affordable Care Act. This means that any health plan from the Marketplace will not cover abortion costs.

How to take misoprostol by mouth? ›

How to take misoprostol by mouth: Put 2 misoprostol tablets on each side of your mouth between your cheek and gums. Keep them in your mouth for 30 minutes. After 30 minutes, you can swallow any undissolved tablets with water.

Does Aetna cover abortion? ›

Abortion coverage

Your Aetna medical plan covers abortion services where permitted by state and local laws. If you use an out-of-network abortion provider, services will be covered the same as in network.

Is birth control free at Planned Parenthood in Florida? ›

Planned Parenthood of South, East and North Florida offers birth control for little to no cost, depending on your insurance or eligibility for other payment plans. We accept Medicaid and most insurances.

Is Planned Parenthood in all 50 states? ›

With a presence in all 50 states as well as Washington, D.C., Planned Parenthood has 49 affiliates, which operate more than 600 health centers.

How many free clinics are there in Florida? ›

They provide healthcare services at little or no charge to low-income, uninsured and underserved individuals, while relying heavily on volunteer healthcare professionals and community partnerships. Florida has more than 100 free and charitable clinics and networks, most of any state.

What is chapter 395 of Florida statutes? ›

CHAPTER 395. HOSPITAL LICENSING AND REGULATION. HOSPITALS AND OTHER LICENSED FACILITIES. (ss. 395.001-395.3041)

What is the disposal of fetal remains law in Florida? ›

Fetal remains shall be disposed of in a sanitary manner pursuant to s. 381.0098 and rules adopted thereunder. Failure to dispose of fetal remains in accordance with this subsection is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.

What is the legal definition of abortion? ›

abortion, the expulsion of a fetus from the uterus before it has reached the stage of viability (in human beings, usually about the 20th week of gestation).

What is the history of the abortion law in Florida? ›

From 1868 to 1972, abortion law in Florida stated that abortion was illegal unless "necessary to preserve the life of such mother", but the Supreme Court of Florida in 1972 ruled that this law was unconstitutionally vague, leading to its repeal. In 1973, the United States Supreme Court decided Roe v.

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