Abortion services in Florida are accessible up to 6 weeks of pregnancy— with vulnerable communities having the ability to receive abortions after this point. These communities include survivors of sexual assaults like rape, incest, human trafficking, those who may experience irreversible physical harm in carrying the pregnancy to term and pregnant patients experiencing medical emergencies.1 Abortions can also be attained in cases of fatal fetal diagnosis.2

Current law also requires that abortions must be performed by a licensed doctor, requires minimum abortion facility safety standards3 and parents must give consent before an abortion is performed on a minor.4

According to Florida Statutes5 and the Agency for Healthcare Administration, these medical treatments are not abortions and are fully accessible in the state.

Yes, as confirmed by the Florida Department of Health and the Healthcare Administration, abortions are accessible at any stage when a pregnant patient’s life or health are in danger.6

Florida Amendment 4 is a proposed change the Florida Constitution that inserts a new section regarding abortion that reads as follows:

No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.7

The accompanying Fiscal Impact Statement reads as follows:

The proposed amendment would result in significantly more abortions and fewer live births per year in Florida. The increase in abortions could be even greater if the amendment invalidates laws requiring parental consent before minors undergo abortions and those ensuring only licensed physicians perform abortions. There is also uncertainty about whether the amendment will require the state to subsidize abortions with public funds. Litigation to resolve those and other uncertainties will result in additional costs to the state government and state courts that will negatively impact the state budget. An increase in abortions may negatively affect the growth of state and local revenues over time. Because the fiscal impact of increased abortions on state and local revenues and costs cannot be estimated with precision, the total impact of the proposed amendment is indeterminate.

Proponents say Amendment 4 is needed to remove limits on abortion in Florida.8 Members of the coalition believe parental consent laws should be removed.9

Opponents say the lack of definitions of key terms like “viability”, “health” and “healthcare provider” will allow non-medical professionals to approve late-term abortions.

They also note that the existing parental consent law is being replaced with notification, making abortion the only procedure where parents have no say when it comes to their children.10

Michigan (2022) and Ohio (2023) approved measures similar to Amendment 4. Voters in Kansas also saw their own ballot initiative campaign in 2022.
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After passage of the Michigan Amendment, supporters sued and blocked the state’s 24-hour waiting period and in person doctor requirements11 and have sued to require public or tax funding for abortion services.12 Public statements released also indicate that a law requiring parental consent before an abortion is performed on a pregnant minor will be litigated as well.13
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In Ohio, the state’s in-person doctor requirement and 24 hour waiting period has been sued by Amendment Supporters and blocked by the courts.14
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In Kansas, abortion right supporters have sued and the courts have struck down minimum abortion facility safety requirements.15 Lawsuits have also blocked an in-person doctor requirement, 24-hour waiting period, and informed consent laws.16