Six week abortion ban heads to Senate floor

TALLAHASSEE, Fla. (FLV) – A bill to prohibit abortions after six weeks, with exceptions for rape and incest, passed its last Senate committee Tuesday and now moves to the Senate floor.

The bill was sponsored by Sen. Erin Grall, R-Fort Pierce, and passed through the Senate Fiscal Policy committee. A similar bill is working through the House, co-sponsored by Rep. Jenna Persons-Mulicka, R-Fort Myers, and Rep. Jennifer Canady, R-Lakeland.

“We have an unprecedented opportunity as lawmakers to protect innocent life. For decades now, Florida has been a nationwide leader in defending the rights of the unborn. The legislation before you today will make Florida a beacon of hope for those who understand that life is sacred and must be protected,” Grall said.

Grall said the bill has four main goals: to protect innocent unborn babies who deserve the right to life, to promote healthy families, to support parents and babies by providing additional counseling and mentoring services, and providing materials to families such as car seats, cribs, clothing, formula and diapers.

The proposal bans abortions after six weeks, unless the pregnancy is the result of rape or incest, and the fetus is not older than 15 weeks. Other exceptions include if the mother’s life is at risk.

It clarifies the exception for fatal fetal abnormalities is available until the third trimester, rather than until viability.

In order to qualify for the exception for rape or incest, at the time a pregnant woman schedules or arrives for her appointment to obtain the abortion, she must provide a copy of a restraining order, police report, medical record, or other court order or documentation providing evidence that she is obtaining the abortion because she is the victim of rape or incest.

If the woman is a minor, the bill requires that the physician report the incident of rape or incest to the central abuse hotline.

The bill specifies that abortions may not be provided through telehealth and that medication intended for the use in a medical abortion may only be dispensed by a physician and may not be dispensed via the U.S. Postal Service or by any other carrier.

It will also prohibits any person, educational institution, and governmental entity from expending state funds for a person to travel to another state to receive services that are intended to support an abortion, unless such expenditure is required by federal law or there is a legitimate medical emergency.

The bill provides exceptions for when such expenditure is required by federal law, and for emergency situations.

$5 million in recurring funds will be used for the family planning program, which is implemented by the Department of Health.

The bill also expands the Florida Pregnancy Care Network to expand eligibility for such services to women who have given birth in the past 12 months and to parents or guardians of children under the age of three for up to 12 months.

The Florida Pregnancy Care Network is a not-for-profit statewide alliance of pregnancy support organizations that provide pregnancy support and wellness services through a comprehensive system of care to women and their families.

The bill appropriates $25 million in recurring general revenue for the expanded network and specifies that contracted organizations in the network must spend at least 85% of the funds received on providing services and maintaining a hotline.

The bill adds new services and assistance which the network is required to provide, including counseling, mentoring, educational materials, and classes as well as material assistance including clothing, car seats, cribs formula, and diapers.

The legislation also requires that the Department of Health report to the governor and the Legislature annually on the types, amount, and costs of services provided as well as demographic information on persons who receive such services.

The bill adds trigger language for the ban to go into effect a month after the supreme court states that the privacy clause does not protect the right to an abortion or if there is an amendment to the Florida Constitution doing the same.

During public comment, Santa Rosa County Commissioner James Calkins called the bill a “miracle.”

“It’s a miracle. Palm Beach County – pro life Governor Ron DeSantis – won Palm Beach County. That’s a miracle. The people of the state want life to be protected. It is the most important thing right now – is life. The decision you make today, the decision of the Senate, this decision of the governor – will save a life – and it is so amazing. It’s a miracle,” Calkins said.

Several people spoke in opposition of the bill, including one woman who said she is “thankful” for having an abortion.

“SB 300 is an extreme bill and it is out of touch with Floridians who overwhelmingly support safe and accessible abortion care. How are you planning for the ramifications of this bill? What’s going to happen to all of those unplanned children?” one woman said.

During debate, Sen. Alexis Calatayud, R-Miami, supported the bill and said she is pro-life and believes the legislation will “go a long way to help change hearts and minds influenced by decades of an anti-life culture that has demoted and devalued the important role of family.”

“I believe this legislation will enable empower mothers to choose to carry their pregnancies to term and choose parenting or adoption instead of abortion. And finally, I believe this bill will help shift the cultural view that abortion is a means to freedom and equality, or a way to show empathy for women facing difficult or unplanned situations and instead help foster a culture that supports life,” Calatayud said.

Sen. Lori Berman, D-Boynton Beach, opposed the bill and said that abortion is a “critical component of healthcare.”

“This is a ban – let’s call it what it is. Six weeks, we heard a lot of testimony today about when six weeks belief begins, you know, people have had to have to wait, miss a period, and then they can, you know, so it’s pretty much a defacto abortion ban the way it is written,” Berman said.

“This is a decision between a woman and her doctor and whomever else she chooses to consult. She didn’t ask her legislator to come into her house and help her make that decision, and there’s no reason that we should be doing that,” she said.

In closing, Grall said she looks forward to making Florida “freer for our babies who haven’t been allowed to join us in this great state.”

“And at the end of the day, I present this bill to you because last year 82,192 children didn’t have a choice about whether or not their life would be taken from them,” Grall said.