Carmen Macri
Reading Florida Abortion Bans Fine Print
Words by Carmen Macri
It’s a tale as old as time — what women are allowed to do with their bodies, and naturally with the course of history, that list gets shorter and shorter. For some, this may seem like old news. I mean, the Florida abortion ban became law in May of last year, so why are we still talking about it? Because the law itself is asinine.
The Ban
For starters, Florida’s abortion ban now blocks the procedure after six weeks of pregnancy. Sounds like that means six weeks from conception, right? Wrong. This ban starts the clock on the first day of your last menstrual cycle. So in reality, you could be only a week pregnant, but if your last period was five weeks ago, you’re shit out of luck.
Under Florida law, you’re considered “six weeks” pregnant just two weeks after a missed period — assuming your cycle is regular. And with so few doctors in the state providing abortions, actually getting one is another hurdle. The law requires two in-person doctor visits, spaced at least 24 hours apart, making it even harder for most people to access care in time. Welcome to the Sunshine State.
A physician cannot knowingly perform or induce an abortion except in cases outlined by the law. The statute makes exceptions for instances of rape, incest, human trafficking or if the pregnancy puts the mother’s life at risk but only if the patient provides proper documentation.
But only if the patient provides proper documentation of rape, incest, or human trafficking.
The “Exceptions”
The woman has to provide a restraining order, police report, medical record or some other official documentation to prove her case of rape, incest or human trafficking. Sounds simple, right? Except — do you know how many sexual assault cases get ignored or dismissed? How often do law enforcement doubt the victim? And if the woman can’t provide proper documentation, she will be required to carry to full term and give birth.
And here’s another fun fact: rape kits are useless if the victim has showered, too much time has passed, or if there was not a substantial amount of bodily fluid left to be collected.
There are no exceptions for rape, incest, or human trafficking after the 15th week of pregnancy.
The Crime
The Florida ban does not just prohibit abortion: It criminalizes it. Florida’s ban makes it a felony for doctors to perform an abortion, with criminal penalties of up to five years in prison and fines of up to $5,000 for violating this ban, and in some cases, the woman herself could be charged.
According to the bill, “Any person who willfully performs, or actively participates in, a termination of pregnancy in violation of the requirements of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person who performs, or actively participates in, a termination of pregnancy in violation of this section which results in the death of the woman commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”
- 775.082: Outlines the penalties for various offenses within the state. Felonies of the First, Second, and Third Degrees: The statute provides specific sentencing guidelines for these offenses, detailing the maximum imprisonment terms based on the degree of the felony.
- 775.083: Outlines the fines that may be imposed upon individuals convicted of offenses other than capital felonies.
$15,000 for a life felony.
$10,000 for a felony of the first or second degree.
$5,000 for a felony of the third degree.
$1,000 for a misdemeanor of the first degree.
$500 for a misdemeanor of the second degree or a noncriminal violation.
- 775.084: Violent career criminals; habitual felony offenders and habitual violent felony offenders; three-time violent felony offenders; definitions; procedure; enhanced penalties or mandatory minimum prison terms. This establishes enhanced sentencing guidelines for individuals with multiple felony convictions.
More About Abortions Nationwide
Think the six-week ban was harsh? Wait until you hear about the total abortion bans — 12 states had them in place by January 2025. Most states don’t allow abortion under any circumstances, not even in cases of rape, incest or human trafficking. But it doesn’t stop there. There’s also a federal total abortion ban in the works under H.R.722, which states, “To implement equal protection under the 14th article of amendment to the Constitution for the right to life of each born and preborn human person.” This bill would grant legal rights to fertilized eggs, embryos, and fetuses — effectively banning abortion nationwide and giving full rights to a bundle of cells (up to a certain point).
So, in my interpretation, a “preborn person” has more rights than women nationwide – Nice!
The full list of total abortion states:
Alabama: The Human Life Protection Act, which equates abortion to historical genocides, was passed in 2019 but only took effect after the Supreme Court ruling. Under this law, anyone convicted of performing an abortion could face up to life in prison. There are no exceptions for rape or incest.
Arkansas: Anyone who performs an abortion faces up to 10 years in prison, a fine of up to $100,000, or both. There are no exceptions for rape or incest.
Idaho: Idaho has become the first state to introduce an “abortion trafficking” law, making it illegal to take a minor out of state for an abortion without parental consent. Lawbreakers face up to five years in prison.
Indiana: This was the first state to enact total abortion after the Supreme Court ruling. There are exceptions for rape, incest, fatal fetal anomalies and to prevent serious risk to the mother’s health.
Kentucky: Anyone performing an abortion risks up to five years in prison. There are no exceptions for rape or incest.
Louisiana: Anyone providing an abortion could face up to 10 years in prison and a fine of between $10,000 and $100,000. There are no exceptions for rape and incest. They were also the first state to classify abortion pills as “controlled substances” making it dangerous to bring abortion pills across state lines.
Mississippi: Anyone who performs an abortion risks up to 10 years in prison. There are exceptions in cases of rape reported to police.
Oklahoma: The first state to ban abortion from the moment of fertilization(?). The law also allows private citizens to sue anyone who helps a woman terminate a pregnancy. A separate ban that came into play in August 2022 carries penalties of up to 10 years in jail and a $100,000 fine. There are no exceptions for rape or incest.
South Dakota: There are no exceptions for rape or incest.
Tennessee: There are no exceptions for rape or incest.
Texas: Anyone providing an abortion can face up to life in prison. There are no exceptions for rape or incest. The law allows citizens to sue anyone who aids in obtaining or provides an illegal abortion. “Abortion trafficking” is also outlawed.
West Virginia: There are exceptions for rape and incest.
Resources
For many women, Planned Parenthood is a crucial resource — a place that saves lives and offers so much more than just abortions, though that’s often the only thing people remember. They forget about the free or affordable birth control, mental health counseling, parental care, STD/STI/HIV testing and treatment, emergency contraception, vasectomy surgeries, wellness and preventative care, gynecological exams, miscarriage management, infertility care, cervical cancer diagnosis and treatment, menopause care and even adoption services. But sure, let’s just focus on that one service that doesn’t sit well with you.
In 2016, Florida proposed a bill to defund Planned Parenthood and other abortion clinics. A court injunction blocked the law from going into effect, citing the Roe v. Wade ruling. But then, in Dobbs vs. Jackson Women’s Health Organization, the Supreme Court overturned Roe, rendering the injunction irrelevant. And thus, here we are.
Other resources for abortion care in Florida:
A Woman’s Choice of Jacksonville
All Women’s Health Center of (Gainesville, Tampa, Orlando, Clearwater, Jacksonville and Sarasota)
Bread and Roses Women’s Health Center
Fort Lauderdale Women’s Center
Lakeland Women’s Health Center Inc.
Orlando Women’s Center
North Florida Women’s Services
Follow FOLIO!