Florida abortion laws prohibit the procedure after six weeks of pregnancy, measured from the first day of your last menstrual period. The limit took effect on May 1, 2024, and remains in force after a November 2024 ballot measure to loosen it fell short of the 60-percent supermajority required to amend the state constitution. Narrow exceptions exist for medical emergencies, fatal fetal abnormalities, and survivors of rape, incest, or human trafficking, but each carries strict documentation rules. Patients are not prosecuted; providers who violate the statute face felony charges.
How the Six-Week Limit Is Measured
Under Florida Statutes Section 390.0111, a physician cannot perform an abortion once the fetus is past six weeks gestational age.1Florida Senate. Florida Code 390.0111 – Termination of Pregnancies Gestational age is calculated from the first day of your last menstrual period, not from conception. The physician must confirm the age by ultrasound before proceeding, and that ultrasound becomes part of your medical record.
In practical terms, 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. Planned Parenthood of Florida has noted that patients typically have fewer than 14 days from a missed period to confirm the pregnancy, schedule the required appointments, and complete the procedure before the legal window closes.
Exceptions That Allow an Abortion After Six Weeks
Florida law permits abortion after six weeks only in three defined circumstances, each with its own paperwork requirements.1Florida Senate. Florida Code 390.0111 – Termination of Pregnancies
Risk to the Patient’s Life or Health
An abortion may be performed at any gestational age if two physicians certify in writing that the procedure 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, a single physician can certify that the risk of serious harm is imminent and proceed without the second signature. When a second physician is available, both must sign 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 to the third trimester. Once the pregnancy enters the third trimester, this exception no longer applies.
Rape, Incest, or Human Trafficking
Survivors may obtain an abortion up to 15 weeks gestational age. You must provide documentation when you schedule or arrive for the appointment: a restraining order, police report, medical record, or court order. Without that paperwork in the file, the provider cannot legally proceed under this exception. If you are 18 or older and the case involves trafficking, the physician must report suspected trafficking to local law enforcement. If you are a minor, the physician must report the rape, incest, or trafficking to Florida’s central abuse hotline.
Medication Abortion and Telehealth
Florida requires a physician to dispense abortion medication in person. The statute prohibits using telehealth for any part of the abortion process, including the consultation that leads to a prescription for abortion pills. Medications cannot be sent through the U.S. Postal Service or any other shipping or courier service.1Florida Senate. Florida Code 390.0111 – Termination of Pregnancies
This overrides the FDA’s 2021 decision to permanently drop the in-person dispensing requirement for mifepristone. Patients cannot legally receive abortion pills by mail from an out-of-state provider for use in Florida, and any physician who helps arrange that faces the same criminal exposure as performing a prohibited surgical procedure.
The Two-Visit Rule and 24-Hour Wait
Before any abortion, you must complete two separate in-person visits to the clinic, at least 24 hours apart. Telehealth does not satisfy either visit. At the first visit, the physician who will perform the procedure (or a referring physician) must be in the same room with you and provide, orally:1Florida Senate. Florida Code 390.0111 – Termination of Pregnancies
- The nature and medical risks of the proposed procedure, along with the risks of continuing the pregnancy to term.
- The probable gestational age of the fetus, confirmed by ultrasound.
After the 24-hour period has elapsed and all consent documents are signed, you may return for the procedure itself. The two-visit requirement compresses an already short timeline, and the clock does not pause for scheduling difficulties.
Rules for Patients Under 18
Florida requires both parental notification and parental consent before a physician can perform an abortion on a minor. These are separate requirements, and both must be satisfied.2Florida Legislature. Florida Code 390.01114 – Parental Notice of and Consent for Abortion Act
For notice, the physician must actually speak with a parent or legal guardian, in person or by phone. Phone notice requires the physician to record the parent’s name, the number dialed, and the date and time. For consent, the parent or guardian must sign a notarized document, initial each page, and declare under penalty of perjury that they consent. They must also present government-issued photo identification.3Florida Senate. Florida Code 390.01114 – Parental Notice of and Consent for Abortion Act
A minor who cannot involve a parent may petition the court for a judicial bypass. The proceedings are confidential. The court decides whether the minor is mature enough to make the decision independently, or whether parental involvement would not be in her best interest. If the bypass is granted, the court order substitutes for parental consent. Because the hearings take time and the six-week limit keeps running, a minor pursuing a bypass is on an even tighter schedule than an adult patient.
Who Can Be Prosecuted
Penalties 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, which in Florida carries up to five years in prison and a fine of up to $5,000.1Florida Senate. Florida Code 390.0111 – Termination of Pregnancies4Florida Legislature. Florida Code 775.083 – Fines If the violation results in the patient’s death, the charge becomes a second-degree felony with up to 15 years in prison. Physicians also risk losing their medical licenses.
The statute specifies that 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.5Florida Legislature. Florida Code 390.0111 – Termination of Pregnancies The law does not include a blanket patient immunity clause, but enforcement has been directed entirely at providers and clinics.