Abortion is illegal in Florida after six weeks of pregnancy. The six-week limit under Florida abortion law took effect on May 1, 2024, and remains in force after a November 2024 ballot measure to overturn it fell short. A handful of narrow exceptions allow the procedure past six weeks, but every legal abortion in the state still requires two in-person visits, a 24-hour waiting period, and an ultrasound offer.
How the Six-Week Limit Is Counted
A physician cannot knowingly perform an abortion once the gestational age of the fetus exceeds six weeks. Florida measures gestational age from the first day of the pregnant woman’s last menstrual period, not from conception.1The Florida Legislature. Florida Code Chapter 390 – Definitions In practice, that leaves roughly two weeks after a missed period to confirm the pregnancy, schedule the required consultation, wait 24 hours, and return for the procedure.
The rule comes from the Heartbeat Protection Act, Senate Bill 300, which the legislature passed in 2023.2Florida Senate. Senate Bill 300 It replaced an earlier 15-week limit and was designed to take effect only after the Florida Supreme Court resolved a challenge to the older ban. That happened in April 2024, when the court ruled 6–1 in Planned Parenthood of Southwest and Central Florida v. State of Florida that the state constitution’s privacy clause does not cover abortion. Thirty days later, the six-week ban became enforceable.
Exceptions to the Six-Week Ban
Three categories of exception exist, and each carries its own documentation requirement.
Life or major physical health of the mother. Two physicians must certify in writing that the abortion is necessary to save the woman’s life or prevent serious, irreversible physical impairment of a major bodily function. Psychological conditions do not qualify. In a genuine emergency where a second physician is unavailable, one physician can make the call alone.3Florida Senate. Florida Code 390.0111 – Termination of Pregnancies The Florida Department of Health has stated that this exception permits abortion “at any point in pregnancy.”4Florida Department of Health. Notice to Health Care Providers Regarding Misinformation About Abortions in Florida
Fatal fetal abnormality. Two physicians must certify in writing that the fetus has a fatal abnormality. The procedure is then permitted up to the start of the third trimester.3Florida Senate. Florida Code 390.0111 – Termination of Pregnancies
Rape, incest, or human trafficking. The patient can obtain an abortion up to 15 weeks of gestation, but she must present documentation at the time she schedules or arrives for the appointment. Acceptable documentation includes a restraining order, police report, medical record, or court order showing the pregnancy resulted from one of these crimes. For adult patients, the physician must report known or suspected human trafficking to local law enforcement. For minors, the physician must report the incident to the state’s central abuse hotline.3Florida Senate. Florida Code 390.0111 – Termination of Pregnancies
The two-physician certification requirement has drawn criticism from providers who describe hesitating over the life-and-health exception because the statute leaves room for prosecution if a court later disagrees with their clinical judgment.
The 24-Hour Wait and Two-Visit Requirement
A physician must provide the patient with state-mandated information about the procedure’s nature, risks, alternatives, and probable gestational age. That disclosure has to happen in person, in the same room as the patient, at least 24 hours before the abortion.5The Florida Legislature. Florida Code 390.0111 – Termination of Pregnancies Because the physician must be physically present for the disclosure, the rule requires two separate clinic visits: one for the consultation, one for the procedure.
Combined with the six-week gestational cutoff, the schedule is tight. A patient who first suspects pregnancy at five weeks may have only days to book both appointments, take time off work, and arrange transportation and childcare.
The Ultrasound Rule
Before the abortion, the physician or a trained ultrasound technician must perform a live ultrasound and offer the patient the chance to view the images and hear an explanation. If she accepts, a physician or nurse must review the images with her before she gives informed consent. She can decline to view them, but she has to sign a form confirming that she was offered the opportunity and chose not to look of her own free will.3Florida Senate. Florida Code 390.0111 – Termination of Pregnancies
The viewing offer isn’t required if the patient presents documentation showing the pregnancy resulted from rape, incest, domestic violence, or human trafficking, or that she has a condition posing a serious risk of irreversible physical impairment. In those situations, the provider only offers the viewing if the patient asks for it.
Rules for Patients Under 18
Minors face additional requirements under the Parental Notice of and Consent for Abortion Act. A physician must obtain written consent from a parent or legal guardian before performing an abortion on a patient under 18. The consent is formal: the parent has to provide government-issued identification and sign a notarized document, initialed on each page, certifying consent under penalty of perjury.6The Florida Legislature. Florida Code 390.01114 – Parental Notice of and Consent for Abortion Act
Separately, the physician must notify a parent or guardian at least 48 hours before the procedure. If direct notice isn’t possible, written notice sent by certified mail satisfies the requirement 72 hours after mailing.
A minor who cannot or does not want to involve a parent can petition a circuit court for a judicial bypass. The petition can be filed under a pseudonym, and the court must appoint an attorney at no cost if the minor requests one. A ruling is required within three business days of filing. If the judge finds the minor is mature enough to make the decision independently, or that involving a parent would not serve her best interest, the court waives both the consent and notice requirements.6The Florida Legislature. Florida Code 390.01114 – Parental Notice of and Consent for Abortion Act
No Telehealth, No Mail-Order Abortion Pills
Florida prohibits telehealth for any type of abortion, including medication abortion. A physician must perform or induce the procedure in person. The medications used in a medication abortion have to be dispensed in person by a physician; they cannot be sent through the U.S. Postal Service or any other shipping service.3Florida Senate. Florida Code 390.0111 – Termination of Pregnancies
That state rule stays in force regardless of what federal policy allows. The FDA’s 2023 risk evaluation and mitigation strategy for mifepristone removed the in-person dispensing requirement at the federal level and permits telehealth prescribing with mailed medication, but Florida law overrides that flexibility within its borders. Patients in Florida cannot legally obtain mifepristone by mail for the purpose of ending a pregnancy.
Who Faces Penalties
The law targets providers, not patients. A woman is not criminalized for seeking or obtaining an abortion. A physician or anyone who actively participates in an abortion that violates the statute commits a third-degree felony,3Florida Senate. Florida Code 390.0111 – Termination of Pregnancies which carries up to five years in prison.7The Florida Legislature. Florida Code 775.082 – Penalties, Applicability of Sentencing Structures, Notification to Victims If the violation results in the death of the woman, the charge becomes a second-degree felony, punishable by up to 15 years.
Emergency Care at Hospitals
The federal Emergency Medical Treatment and Labor Act requires any hospital that accepts Medicare funding to stabilize patients with emergency medical conditions. Federal guidance issued in 2022 emphasized that EMTALA obligations apply to pregnant patients and could override state abortion restrictions in a genuine emergency. That guidance was rescinded in June 2025.
In the same month, HHS Secretary Robert F. Kennedy Jr. sent a letter to healthcare providers stating that “EMTALA continues to ensure pregnant women facing medical emergencies have access to stabilizing care.”8Society for Maternal-Fetal Medicine. Medical Emergencies and Access to Abortion Care Without the formal enforcement guidance, though, the federal government is no longer actively pressing the position that emergency abortions override state bans. Florida’s own life-and-health exception provides a parallel path in-state, subject to the two-physician certification. Patients who believe they were denied emergency stabilizing treatment at a Medicare-funded hospital can file a complaint through an HHS online portal launched in May 2024.
Why Amendment 4 Didn’t Change the Law
Amendment 4, titled “Amendment to Limit Government Interference with Abortion,” appeared on Florida’s November 2024 ballot. It would have added language to the state constitution barring laws that restrict abortion before fetal viability, generally around 24 weeks. It reached the ballot through a citizen petition drive and survived a Florida Supreme Court review of its summary language.
Florida’s constitution requires proposed amendments to receive at least 60% of votes cast.9FindLaw. Florida Constitution Art XI, Section 5 – Amendment or Revision Election Amendment 4 received approximately 57%, short of the threshold. The six-week ban and every procedural requirement described above stayed in place. No similar ballot measure is currently pending.