On Thursday, the Florida House passed SB 300, a bill banning abortions after six weeks of gestation with limited exceptions.
The Florida Senate already had approved the bill on April 3. Late Thursday, Gov. Ron DeSantis signed it.
“We have the opportunity to lead the nation on protecting life and giving every child the opportunity to be born and find his or her purpose,” bill sponsor Rep. Jenna Persons-Mulicka, R-Fort Myers, said at the end of a debate.
The law bans an abortion starting about two weeks after a pregnant person misses their first period, which some are concerned does not give people long enough to have the two appointments mandated by the law, said Jamarah Amani, a licensed midwife and executive director of the Southern Birth Justice Network.
She worries about the impact of this law, particularly on people of color, who have higher rates of maternal and infant mortality and are more likely to suffer from health conditions that put them at risk of pregnancy complications.
“Six weeks is essentially a total ban, which is what they should just call it because that’s how extreme it is,” said Amani. “And if you are forcing people to have pregnancies in a system that is not designed to take care of them, it means that we will have just more vulnerable people and communities.”
Below are answers to some of the most common questions about the law.
When does the law take effect?
Currently, there is no set date.
The law is contingent on the Florida Supreme Court deciding to uphold last year’s 15-week ban or otherwise ruling that the state’s constitution does not protect the right to abortion. The law would take effect 30 days after that ruling.
It’s possible that the state Supreme Court will rule to protect people’s right to abortion, invalidating this law.
A privacy clause in Florida’s constitution has been interpreted as protecting abortion in the past. However, the current court is stacked with DeSantis appointees and regarded as the most conservative in Florida’s recent history.
Organizations such as Planned Parenthood and the American Civil Liberties Union, the ACLU of Florida and the Center for Reproductive Rights are suing the state on the basis that the current 15-week ban is unconstitutional due to this privacy clause.
It is unclear when Florida’s Supreme Court will rule on this issue.
How does the new law compare to current restrictions?
Florida currently has a 15-week ban and requires two in-person visits, at least 24 hours apart, in order to get an abortion. This law keeps the requirement for two in-person visits but would shrink the time frame for those visits to week six of gestation. Gestational age is time that has passed from the first day of the pregnant person’s last menstrual period.
The new law includes exceptions for rape, human trafficking and incest up to 15 weeks of pregnancy. Like the current law, it also allows for exceptions for medical emergencies that threaten the life of the mother or threaten serious, irreversible bodily harm.
Abortions can also be performed prior to the third trimester if two physicians certify in writing that the fetus has a fatal fetal abnormality.
Since 2020, Florida has required parents’ or legal guardians’ consent for people under 18 to get abortions, with few exceptions. The new law does not change this.
How can you get an exception?
Rape, trafficking and incest victims would need to present a restraining order, police report, medical record or other court order or documentation as proof when obtaining an abortion later than six weeks but up to 15 weeks.
Minors can bypass the parental consent requirement by asking a judge for a waiver through the “judicial bypass” or “judicial waiver” process. Judges issue waivers if they determine it’s not in the child’s best interest to tell their parents, the child is a victim of abuse, or if they deem the child mature enough to decide whether to terminate their pregnancy, based on factors such as age, credibility and demeanor, overall intelligence and emotional stability, according to Florida law.
Where can Floridians past 6 weeks of pregnancy go to get abortions after the law is passed?
South Carolina is the closest state. It allows abortions up to 22 weeks, a map of state abortion restrictions by the Guttmacher Institute indicates.
The next closest state is North Carolina, which currently allows abortions up to 20 weeks, then Virginia and Illinois, which allow abortions until the third trimester with limited exceptions allowed after that.
These states have varying restrictions and individual requirements related to waiting periods and parental consent requirements.
How does Florida’s law compare to other states?
Ohio is the only other state that requires two in-person visits on top of a 6-week ban, but the ban isn’t in effect. It’s being paused while litigation plays out. So if the Florida Supreme Court clears the way for the newly passed bill to take effect, Florida could become the only state with these specific requirements.
As of March 1, the Guttmacher Institute tallies 27 states that require a 24- to 72-hour minimum waiting period between counseling and receiving the abortion procedure, with 15 of those states, including Florida, requiring counseling be provided in person, thus necessitating two doctors’ visits.
How will local clinics adapt?
Clinics are adding appointments and expanding hours.
Planned Parenthood of Southwest and Central Florida is in communication with other states, many of which have six-week abortion bans already, though Florida’s situation is slightly trickier, said Dr. Robyn Schickler, chief medical officer of Planned Parenthood of Southwest and Central Florida.
“We are in this unique position of needing to make sure the patient has two separate visits, which is a little bit more of an operational nightmare,” Schickler said.
In order to accommodate people seeking abortions, clinics may designate one day a week to first-visit consultations and the next day for second visits, the day procedures get performed.
As a result, people seeking other services such as low-cost assistance with birth control, preventative screenings for cancer or STDs or other medication may experience longer wait times, Schickler said.
“Almost all of our focus, when this happens, is going to abortion services and figuring out how to keep our access open,” she said. “That means pushing those patients out because we’re trying to make room for the patients getting abortions. ... It’s a chain effect, because we use the same facilities [for both].”
What else does the law do?
In addition to abortion restrictions, the bill allocates $25 million in recurring annual funds to pregnancy centers that discourage abortion, called pregnancy crisis centers. Proponents of the law argue that the $25 million will be used for services to support pregnant women and their children, such as paying for diapers and formula.
Opponents point out these centers have been known to spread misinformation and promote religious agendas, and argue they should therefore not be supplied with government funds.
