Heartbeat Protection Act

See also: Abortion in Florida
Heartbeat Protection Act
Florida Legislature
  • An act relating to pregnancy and parenting support; creating s. 286.31, F.S.; defining the terms “educational institution” and “governmental entity”; prohibiting any person, governmental entity, or educational institution from expending state funds for a specified purpose; providing exceptions; amending s. 381.96, F.S.; revising the definitions of the terms “eligible client” and “pregnancy and parenting support services”; requiring the Department of Health to contract for the management and delivery of parenting support services, in addition to pregnancy support services; revising the contract requirements to conform to changes made by the act; requiring the department to report specified information to the Governor and the Legislature by a specified date each year; amending s. 390.0111, F.S.; prohibiting physicians from knowingly performing or inducing a termination of pregnancy after the gestational age of the fetus is determined to be more than 6 weeks, rather than 15 weeks, with exceptions; providing an exception if the woman obtaining the abortion is doing so because she is a victim of rape or incest, subject to certain conditions; requiring physicians to report incidents of rape or incest of minors to the central abuse hotline; prohibiting any person other than a physician from inducing a termination of pregnancy; prohibiting physicians from using telehealth to perform abortions; requiring that medications intended for use in a medical abortion be dispensed in person by a physician; prohibiting the dispensing of such medication through the United States Postal Service or any other courier or shipping service; conforming provisions to changes made by the act; repealing s. 390.01112, F.S., relating to termination of pregnancies during viability; amending s. 390.012, F.S.; revising rules the Agency for Health Care Administration may develop and enforce to regulate abortion clinics; amending s. 456.47, F.S.; prohibiting telehealth providers from using telehealth to provide abortions; providing appropriations; providing effective dates.
CitationChapter n. 2023-21
Enacted byFlorida Senate
Enacted byFlorida House of Representatives
Signed byGovernor Ron DeSantis
SignedApril 13, 2023
EffectiveMay 1, 2024
Legislative history
First chamber: Florida Senate
Bill citationSenate Bill 300
Introduced byErin Grall
PassedApril 3, 2023
Voting summary
  • 26 Members voted for
  • 13 Members voted against
Second chamber: Florida House of Representatives
PassedApril 13, 2023
Voting summary
  • 70 Members voted for
  • 40 Members voted against

The Heartbeat Protection Act (SB 300) is a Florida state law passed in 2023 that criminalizes abortion after 6 weeks' gestation[1]. The law went into effect May 1, 2024 after passing in 2023. Under Florida’s current abortion ban, it is nearly impossible for most women to access an abortion.[2][3] Florida’s ban provides no exceptions for rape or incest after 15 weeks’ gestation,[4] which is only eleven weeks after a missed period.

Many experts concur that the vast majority of sexual assault victims do not report their assault[5], often out of fear of retaliation, feelings of shame and experiencing trauma, concern for having to relive their experiences before law enforcement or a court, and the need for time and space to heal and feel safe. Florida’s abortion ban has no real exception for a fatal fetal abnormality that is discovered later in pregnancy, after approximately twenty-weeks from the pregnant woman’s first missed period.[6] Florida’s abortion ban contains a very narrow exception to “save the pregnant woman’s life or avert a serious risk of substantial and irreversible physical impairment of a major bodily function - This determination must be made by two physicians, certified in writing.[4]

Florida’s ban also criminalizes the delivery of abortion pills through the mail and criminalizes telehealth appointments.[7]

Florida’s abortion ban imposes legal penalties for doctors who violate the ban by making it a third-degree felony with up to five years in prison, up to a $5000 fine, and potentially losing their medical license. The ban states that  “any person who willfully performs, or actively participates in, a termination of pregnancy in violation” of the law “commits a felony of the third-degree.” Unlike many other states, Florida’s ban does not clearly exempt pregnant people themselves from criminal prosecution.[8]

The bill passed the Florida Legislature on April 13, 2023. Governor Ron DeSantis signed it into law on the same day in a meeting behind closed-doors with a few selected guests.[9][10][11]

  1. ^ "Statutes & Constitution :View Statutes : Online Sunshine". www.leg.state.fl.us. Retrieved 2024-10-30.
  2. ^ [1]
  3. ^ [2]
  4. ^ a b "Statutes & Constitution :View Statutes : Online Sunshine". www.leg.state.fl.us.
  5. ^ Felix, Mabel; Sobel, Laurie; Published, Alina Salganicoff (August 7, 2024). "A Closer Look at Rape and Incest Exceptions in States with Abortion Bans and Early Gestational Restrictions".
  6. ^ "Statutes & Constitution :View Statutes : Online Sunshine". www.leg.state.fl.us.
  7. ^ "Statutes & Constitution :View Statutes : Online Sunshine". www.leg.state.fl.us.
  8. ^ [3]
  9. ^ "Florida Governor Ron DeSantis signs six-week abortion ban into law". April 13, 2023 – via www.bbc.com.
  10. ^ Greenwood, Max (April 15, 2023). "DeSantis faces political quagmire on abortion".
  11. ^ "Florida Governor Desantis signs 6-week abortion ban law". April 14, 2023 – via www.reuters.com.