The Florida House gave final approval to a bill that would prevent abortions after six weeks of pregnancy, setting up a showdown at the state Supreme Court that could determine the future of abortion rights in Florida.
The Republican-controlled House voted 70-40 to pass the six-week limit (SB 300), which also was approved April 3 by the Senate. Moving quickly on what supporters call the “Heartbeat Protection Act,” Gov. Ron DeSantis, late the same Thursday night, signed the bill. DeSantis’ office announced the signing about 11 p.m., several hours after the House gave final approval to the bill, one of the most-controversial issues of this year’s legislative session.
“We are proud to support life and family in the state of Florida,” DeSantis said in a prepared statement. “I applaud the Legislature for passing the Heartbeat Protection Act that expands pro-life protections and provides additional resources for young mothers and families.” Moving forward with the six-week limit, however, is contingent on the outcome of a pending Supreme Court case that centers on whether a privacy clause in the Florida Constitution protects abortion rights.
Some of the tenets of the bill include:
- Ends abortion after 6 weeks, with limited exceptions:
- Maternal life and health.
- Fatal fetal anomalies, up to the third trimester.
- Rape and incest, up to 15 weeks.
- Requires abortion-inducing drugs to be dispensed in-person, by a physician, ensuring:
- Medication abortions are performed by a physician, as currently required by current law for all kinds of abortion.
- The person obtaining the medication is the same person the doctor examined and the same person who gave informed consent.
Take effect immediately:
- Expands eligibility for the Florida Pregnancy Support Services Program (FPSSP), which provides counseling and supportive services that encourage and promote childbirth, adding families with adopted children under the age of three.
- Expands FPSSP services to include:
- Nonmedical material assistance (cribs, car seats, diapers, clothing, etc.).
- Counseling or mentoring.
- Education materials.
- Classes on pregnancy, parenting, adoption, life skills, and employment readiness.
- Appropriates $25 million in recurring GR to the Pregnancy Support Services Program, and $5 million in recurring GR to the Family Planning Program at the Department of Health.
The bill sparked an all-day, often-emotional debate in the House that was interrupted by protesters supporting abortion rights. The outbursts led to the House clearing a public gallery, with the debate playing out before rows of empty seats.
Supporters of the bill said it would protect life and that fetal heartbeats can be detected at six weeks of pregnancy.
“Life begins at conception,” Rep. Kiyan Michael, R-Jacksonville, said. “Thank God that our mothers, all of us in this room, did not choose to end the life of us when we were in the womb. That is the most vulnerable place for babies, and they deserve to be protected.”
Rep. Chase Tramont, R-Port Orange, said, “We value life from conception to the casket.”
“Either you value life or we don’t,” Tramont said. “I mean, it really is that simple. We value life, or we don’t.”
But opponents said the bill would be a virtual ban on abortions because many women don’t know they are pregnant at six weeks. They said the state should not dictate personal decisions about issues such as whether to have abortions.
“Enough is enough,” House Minority Leader Fentrice Driskell, D-Tampa, said. “It is time that we listen to women, that we trust women, that we trust families and allow them to make these most intimate decisions of home and heart, without Tallahassee politicians looking over their shoulders.”
Also, the bill’s opponents argued that abortion is health care.
“That decision should be yours, your families, your doctors and your faith, and not politicians,” Rep. Anna Eskamani, D-Orlando, said. “We (lawmakers) should have no say in this personal, private decision that impacts so many people in our state.”
Eskamani called it a “devastating day for Floridians and especially for Florida’s women.”
Rep. Kristen A. Arrington, D-Kissimmee, said, “We are literally driving residents and visitors out of Florida with the legislation being pushed and passed by our Governor and the Republican Legislature. Yesterday, Equality Florida issued a travel advisory to individuals, families, entrepreneurs, and students. A few weeks ago, Florida NAACP voted unanimously to recommend similar warnings to the black community about the risk of traveling, or relocation to the state. The Florida Immigrant Coalition has issued a travel warning to people of color, individuals who speak with an accent, and international travelers. After today’s vote, we should expect to see travel and relocation warnings issued to women—who will be next?”
The same day, Priests for Life National Director Frank Pavone saluted Florida legislators, “to protect babies from abortion once a heartbeat can be detected” “My heartfelt gratitude goes out to the members of the House who today passed the bill 70-40, and to the Senate that had previously approved it,” Pavone said. “I am so proud to be a Florida resident today.
“When the heartbeat is detected, the heart has already beat millions of times. People need to be aware of that before they say abortion is OK. I have been proud to help promote heartbeat legislation across the country for decades. We look forward to the day when legal abortion is a thing of the past, but until that day, bills like this are saving lives. Every life matters.”
Lawmakers and DeSantis last year approved a 15-week abortion limit. But that came before a June ruling by the U.S. Supreme Court that overturned the landmark 1973 Roe v. Wade decision, refueling debates in Florida and across the country about abortion rights.
Whether the six-week limit takes effect will be determined by how the Florida Supreme Court decides a challenge to last year’s 15-week law.
Seven abortion clinics and a physician filed a lawsuit arguing the 15-week limit violates a privacy clause in the Florida Constitution that has protected abortion rights since a 1989 Supreme Court decision. Under this year’s bill, moving to a six-week limit would be contingent on the Supreme Court effectively upholding the 15-week law. Last year’s 15-week law has drawn criticism because it does not include exceptions for pregnancies caused by rape or incest.
It is unclear when the court will rule on the challenge, though it probably will be after the legislative session.
