Florida abortion ban to take effect, cutting off major access point

MIAMI — Florida has long played a significant role in the American abortion landscape, with dozens of clinics providing the procedure to tens of thousands of residents a year while also taking in patients from across the Southeast.

That era will end, at least for now, on Wednesday, when a ban on most abortions after six weeks of pregnancy will take effect. The strict new law will replace a 15-week ban and require most Floridians and other Southerners seeking the procedure to travel to Virginia or farther.

Almost every other state in the region banned or sharply restricted abortion after the Supreme Court overturned Roe v. Wade in June 2022; many had few abortion providers even before the ruling. North Carolina still allows abortions up to 12 weeks, but with a 72-hour waiting period that makes it a less practical option for out-of-state patients.

“The surrounding states have been desperate to find a place to go within a reasonable distance,” said Kelly Flynn, the president and CEO of A Woman’s Choice, a network of abortion clinics, including one in Jacksonville, Florida, “and we have been that place.”

Instead of the number of abortions in Florida decreasing after Gov. Ron DeSantis signed the 15-week ban into law in April 2022, as proponents had hoped, it went up because more patients were coming from Southern states with more restrictions or near-total bans.

Florida, the third-largest state by population, has about 50 clinics and last year provided some 84,000 abortions; nearly 8,000 of them were for women from outside the state. Until July 2022, Florida allowed abortions until about 24 weeks.

“We don’t want to be an abortion tourism destination,” DeSantis, a Republican, said last year.

Lawmakers and DeSantis approved the six-week ban in April 2023, when the governor was preparing to run for president. His message to Republican primary voters focused on how he had reshaped Florida’s political identity, turning it from a swing state to a beacon of right-wing policy. His campaign failed, but the policies remained.

The six-week ban was conditioned on the Florida Supreme Court first upholding the 15-week ban, which abortion rights groups had challenged. The conservative court did so April 1, starting a 30-day countdown for the six-week ban to become law.

The new law provides exceptions for abortions to take place up to 15 weeks for pregnancies that result from rape, incest or human trafficking, though women would be required to show documentation such as a restraining order, medical record or police report. There are also exceptions to save the life of the woman and, before the third trimester, for fatal fetal abnormalities.

The law also prohibits doctors from prescribing medication abortions through telehealth and dispensing the pills by mail. Medical professionals who violate any part of the ban could face criminal penalties.

Many women do not realize that they are pregnant by the sixth week, so backers of abortion rights say the new law will represent a near-total prohibition — exactly the shutdown of access that they worried would happen when Roe was overturned.

Abortion providers and nonprofit funds that help women pay for abortions in Florida have spent the last year preparing for this moment.

Between 2018 and 2023, about 60% of abortions in Florida happened after six weeks of pregnancy, according to state data.

Clinics are scheduling ultrasounds earlier and ramping up other health care services to try to stay open. Funds are training volunteers to plan travel for patients to Illinois, Virginia, Maryland and Washington, D.C. (North Carolina is closer but its waiting period to get the procedure makes it a less feasible destination.)

All of the changes could prove temporary: A ballot measure in November will ask Florida voters whether to amend the constitution to allow abortions until about 24 weeks. It will require more than 60% support to pass, a high threshold, and it would not take effect until January, assuming that lawmakers or anti-abortion groups did not challenge it in court.