See also: Abortion in Florida.
| Heartbeat Protection Act | |
| Legislature: | Florida Legislature |
| Long Title: | An act relating to pregnancy and parenting support; creating s. 286.31, F.S.; defining the terms “educational institution” and “governmental entity”; prohibiting any person, governmental entity, or educational institution from expending state funds for a specified purpose; providing exceptions; amending s. 381.96, F.S.; revising the definitions of the terms “eligible client” and “pregnancy and parenting support services”; requiring the Department of Health to contract for the management and delivery of parenting support services, in addition to pregnancy support services; revising the contract requirements to conform to changes made by the act; requiring the department to report specified information to the Governor and the Legislature by a specified date each year; amending s. 390.0111, F.S.; prohibiting physicians from knowingly performing or inducing a termination of pregnancy after the gestational age of the fetus is determined to be more than 6 weeks, rather than 15 weeks, with exceptions; providing an exception if the woman obtaining the abortion is doing so because she is a victim of rape or incest, subject to certain conditions; requiring physicians to report incidents of rape or incest of minors to the central abuse hotline; prohibiting any person other than a physician from inducing a termination of pregnancy; prohibiting physicians from using telehealth to perform abortions; requiring that medications intended for use in a medical abortion be dispensed in person by a physician; prohibiting the dispensing of such medication through the United States Postal Service or any other courier or shipping service; conforming provisions to changes made by the act; repealing s. 390.01112, F.S., relating to termination of pregnancies during viability; amending s. 390.012, F.S.; revising rules the Agency for Health Care Administration may develop and enforce to regulate abortion clinics; amending s. 456.47, F.S.; prohibiting telehealth providers from using telehealth to provide abortions; providing appropriations; providing effective dates. |
| Citation: | Chapter n. 2023-21 |
| Enacted By: | Florida Senate |
| Enacted By2: | Florida House of Representatives |
| Signed By: | Governor Ron DeSantis |
| Date Signed: | April 13, 2023 |
| Date Effective: | May 1, 2024 |
| Introduced By: | Erin Grall |
| Bill Citation: | Senate Bill 300 |
| Passed: | April 3, 2023 |
| Passed For: | 26 Members |
| Passed Against: | 13 Members |
| Passed2: | April 13, 2023 |
| Passed2 For: | 70 Members |
| Passed2 Against: | 40 Members |
The Heartbeat Protection Act (SB 300) is a Florida state law passed in 2023 that criminalizes abortion after 6 weeks' gestation[1] . The law went into effect May 1, 2024 after passing in 2023. Under Florida’s current abortion ban, it is nearly impossible for most women to access an abortion.[2] [3] Florida’s ban provides no exceptions for rape or incest after 15 weeks’ gestation,[4] which is only eleven weeks after a missed period.
Many experts concur that the vast majority of sexual assault victims do not report their assault[5], often out of fear of retaliation, feelings of shame and experiencing trauma, concern for having to relive their experiences before law enforcement or a court, and the need for time and space to heal and feel safe. Florida’s abortion ban has no real exception for a fatal fetal abnormality that is discovered later in pregnancy, after approximately twenty-weeks from the pregnant woman’s first missed period.[6] Florida’s abortion ban contains a very narrow exception to “save the pregnant woman’s life or avert a serious risk of substantial and irreversible physical impairment of a major bodily function - This determination must be made by two physicians, certified in writing.[4]
Florida’s ban also criminalizes the delivery of abortion pills through the mail and criminalizes telehealth appointments.[7]
Florida’s abortion ban imposes legal penalties for doctors who violate the ban by making it a third-degree felony with up to five years in prison, up to a $5000 fine, and potentially losing their medical license. The ban states that “any person who willfully performs, or actively participates in, a termination of pregnancy in violation” of the law “commits a felony of the third-degree.” Unlike many other states, Florida’s ban does not clearly exempt pregnant people themselves from criminal prosecution.[8]
The bill passed the Florida Legislature on April 13, 2023. Governor Ron DeSantis signed it into law on the same day in a meeting behind closed-doors with a few selected guests.[9] [10] [11]