Florida abortion laws prohibit most abortions after six weeks of pregnancy, measured from the first day of the patient’s last menstrual period. The limit took effect on May 1, 2024, and remains in force after a November 2024 ballot measure that would have restored broader access fell short of the 60 percent needed to amend the state constitution.1Justia Law. Planned Parenthood of Southwest and Central Florida v State of Florida Narrow exceptions exist for medical emergencies, fatal fetal abnormalities, and survivors of rape, incest, or human trafficking, and every abortion involves two in-person visits at least 24 hours apart.
What the Six-Week Limit Actually Means
Under Florida Statutes Section 390.0111, a physician cannot perform an abortion once the fetus is past six weeks gestational age.2Florida Senate. Florida Code 390.0111 – Termination of Pregnancies Gestational age runs from the first day of your last menstrual period, not from conception. A physician must verify the age by ultrasound before proceeding, and the ultrasound goes into your medical record.
Six weeks from the last menstrual period is roughly two weeks after a missed period. Many people do not yet know they are pregnant at that point. Once you factor in the two-visit rule described below, the practical window is often less than 14 days from the moment you suspect pregnancy.
Exceptions That Allow an Abortion After Six Weeks
Florida law permits abortion past six weeks only in specific circumstances, each with its own paperwork.
Life or Serious Physical Impairment
An abortion may be performed at any gestational age if two physicians certify in writing that it is necessary to save the patient’s life or to prevent serious, irreversible physical impairment of a major bodily function. Psychological conditions alone do not qualify. In an emergency where a second physician is not available, one physician may certify that the risk of serious harm is imminent and proceed alone.2Florida Senate. Florida Code 390.0111 – Termination of Pregnancies When a second physician is available, both must sign off before the procedure begins.
Fatal Fetal Abnormality
If two physicians certify in writing that the fetus has a fatal abnormality, an abortion is permitted up until the third trimester.2Florida Senate. Florida Code 390.0111 – Termination of Pregnancies Once the pregnancy reaches the third trimester, the exception no longer applies.
Rape, Incest, or Human Trafficking
Survivors of rape, incest, or human trafficking may obtain an abortion up to 15 weeks gestational age. To use this exception, you must provide documentation when you schedule or arrive for the appointment. Acceptable forms include a restraining order, police report, medical record, or other court order.2Florida Senate. Florida Code 390.0111 – Termination of Pregnancies Without that paperwork in the file, the provider cannot legally perform the procedure under this exception.
A reporting duty also attaches. If the patient is 18 or older and the case involves human trafficking, the physician must report suspected trafficking to local law enforcement. If the patient is a minor, the physician must report the rape, incest, or trafficking to Florida’s central abuse hotline.
Two Visits, 24 Hours Apart
Before any abortion, you must complete two separate in-person visits to the clinic, at least 24 hours apart. At the first visit, the physician who will perform the procedure, or a referring physician, must be physically present in the same room and provide the following information orally:2Florida Senate. Florida Code 390.0111 – Termination of Pregnancies
- The nature and risks of the procedure, and the risks of continuing the pregnancy to term.
- The probable gestational age of the fetus, confirmed by ultrasound.
Telehealth does not satisfy either visit. Both appointments require your physical presence at the clinic. After the 24 hours have elapsed and consent documents are signed, you may return for the procedure itself.
Medication Abortion Rules
Florida imposes some of the strictest medication abortion rules in the country. A physician must dispense the medication in person. The law prohibits using telehealth for any part of the abortion process, including consultations that lead to a prescription for abortion pills. The medications cannot be mailed through the U.S. Postal Service or delivered by any shipping or courier service.2Florida Senate. Florida Code 390.0111 – Termination of Pregnancies
The state rule overrides the FDA’s 2021 decision to allow mail-order mifepristone at the federal level. Ordering abortion pills by mail from an out-of-state provider and taking them in Florida is not legal, and any physician who facilitates that arrangement faces the same criminal penalties as performing a surgical abortion outside the legal window.
Rules for Patients Under 18
Florida requires both parental notification and parental consent before a physician can perform an abortion on a patient under 18. These are separate requirements, and both must be satisfied.3Florida Legislature. Florida Code 390.01114 – Parental Notice of and Consent for Abortion Act
For notice, the physician must actually speak with the parent or legal guardian, in person or by phone. If notice is by phone, the physician must record the parent’s name, the number dialed, and the date and time of the call. For consent, the parent or guardian must sign a notarized document, initialed on each page, stating under penalty of perjury that they consent to the procedure, and must provide government-issued photo identification.4Florida Senate. Florida Code 390.01114 – Parental Notice of and Consent for Abortion Act
A minor who cannot involve a parent may petition a court for a judicial bypass. The proceedings are confidential. The court evaluates whether the minor is mature enough to make the decision independently, or whether involving the parent would not serve the minor’s best interest. If granted, the court order substitutes for parental consent. Because these hearings take time and the six-week limit does not pause for court proceedings, a minor pursuing a bypass faces an even tighter deadline than an adult patient.
Penalties for Violations
Penalties under Florida abortion law fall on providers, not patients. Any person who willfully performs or actively participates in an abortion that violates the statute commits a third-degree felony.2Florida Senate. Florida Code 390.0111 – Termination of Pregnancies A third-degree felony in Florida carries up to five years in prison and a fine of up to $5,000.5Florida Legislature. Florida Code 775.083 – Fines If a violation results in the patient’s death, the charge becomes a second-degree felony, carrying up to 15 years in prison.
Physicians who violate the law also risk their medical licenses. The Agency for Health Care Administration conducts annual and complaint-driven inspections, reviewing ultrasound images, documented gestational ages, and measurement notes for compliance.6Agency for Health Care Administration. 2025 Regulatory Actions – Abortion Clinics
The statute includes limited patient protections. A minor cannot be penalized for having an abortion performed on her, and a patient cannot be prosecuted for conspiracy in connection with a partial-birth abortion violation.7Florida Legislature. Florida Code 390.0111 – Termination of Pregnancies There is no blanket patient-immunity clause in the statute, but enforcement has focused on providers and clinics rather than patients.