Heartbeat Protection Act

See also: Abortion in Florida

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.

Heartbeat Protection Act
Florida Legislature
Long title 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.
Citation	Chapter n. 2023-21
Enacted by	Florida Senate
Enacted by	Florida House of Representatives
Signed by	Governor Ron DeSantis
Signed	April 13, 2023
Effective	May 1, 2024
Legislative history
First chamber: Florida Senate
Bill citation	Senate Bill 300
Introduced by	Erin Grall
Passed	April 3, 2023
Voting summary	26 Members voted for 13 Members voted against
Second chamber: Florida House of Representatives
Passed	April 13, 2023
Voting summary	70 Members voted for 40 Members voted against

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]

Legislative history

House of Representatives Vote

  Republican YEA (70)

  Republican NAY (7)

  Democratic NAY (33)

  No Vote (9)

Senate Vote

  Republican YEA (26)

  Republican NAY (2)

  Democratic NAY (11)

  No Vote (1)