Florida bill enacts a near-total abortion ban, brings felony punishments

TALLAHASSEE, Fla. – A Florida Republican lawmaker filed a strict abortion ban Monday as lawmakers convene in Tallahassee for the legislative session this week.

Rep. David Borrero, R-Sweetwater, filed HB 1519, entitled “Termination of Pregnancies.”

The bill would enact third degree felony penalties for violators; though the party responsible would not be the mother, the bill text says.

It addresses individuals who prescribe or attempt the abortion, meaning a doctor or physician.

There are no trimester limits for the restriction, meaning the new Florida legislation is a total abortion ban from the moment of fertilization.

Florida Democrat files bill protecting right to an abortion

However, the prime exemption is in the case of the mother experiencing a medical emergency. Below is how the bill defines “medical emergency”:

… an emergent physical condition in which an abortion is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.

The exception also applies to minors.

The bill text also defines a “person” as individuals “including an unborn child beginning at the moment of fertilization” entitled to constitutional rights.

Per the proposal, if a person does attempt to induce an abortion on a pregnant woman, that person may face up to 10 years in prison and a fine up to $100,000.

It provides “affirmative defenses” for physicians providing abortions, including a “legitimate medical reason” or if a pharmacy providing an abortion drug filled a valid prescription from a physician.

The bill adds that a pregnant woman can seek civil action against a person or entity who performs or attempts to perform the abortion in violation of Florida law.

If passed, the ban would take effect 30 days after the Florida Supreme Court upholds the 15-week abortion ban, signed into law in 2022 and facing an ongoing court battle. Or, it would take effect after the court holds that the Florida Constitution’s right to privacy does not protect abortion.

Rep. Anna Eskamani, D-Orlando, responded to the proposal Monday, calling it an “all out abortion ban that would be devastating to women.”