HB 93 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to termination of pregnancies; 2
repealing s. 4 of chapter 2023 -21, Laws of Florida, 3
relating to termination of pregnancy; amending s. 4
390.0111, F.S.; prohibiting physicians from knowingly 5
performing or inducing a termination of pregnancy 6
after the gestational age of the fetus is determined 7
to be more than 12 weeks, rather than 15 weeks, with 8
exceptions; providing an exception if the woma n 9
obtaining the abortion is doing so because she is a 10
victim of rape, incest, or human trafficking, subject 11
to certain conditions; requiring physicians to report 12
known or suspected human trafficking of adults to 13
local law enforcement; requiring physicians to report 14
incidents of rape, incest, or human trafficking of 15
minors to the central abuse hotline; prohibiting any 16
person other than a physician from inducing a 17
termination of pregnancy; prohibiting physicians from 18
using telehealth to perform abortions; req uiring that 19
medications intended for use in a medical abortion be 20
dispensed in person by a physician; prohibiting the 21
dispensing of such medication through the United 22
States Postal Service or any other courier or shipping 23
service; conforming provisions to changes made by the 24
act; providing an effective date. 25
HB 93 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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Be It Enacted by the Legislature of the State of Florida: 27
28
Section 1. Section 4 of chapter 2023 -21, Laws of Florida, 29
is repealed. 30
Section 2. Subsections (1), (2), (10), and (13) of section 31
390.0111, Florida Statutes, are amended to read: 32
390.0111 Termination of pregnancies. — 33
(1) TERMINATION AFTER GESTATIONAL AGE OF 12 15 WEEKS; WHEN 34
ALLOWED.—A physician may not knowingly perform or induce a 35
termination of pregnancy if the physician deter mines the 36
gestational age of the fetus is more than 12 15 weeks unless one 37
of the following conditions is met: 38
(a) Two physicians certify in writing that, in reasonable 39
medical judgment, the termination of the pregnancy is necessary 40
to save the pregnant woman's life or avert a serious risk of 41
substantial and irreversible physical impairment of a major 42
bodily function of the pregnant woman other than a psychological 43
condition. 44
(b) The physician certifies in writing that, in reasonable 45
medical judgment, there is a medical necessity for legitimate 46
emergency medical procedures for termination of the pregnancy to 47
save the pregnant woman's life or avert a serious risk of 48
imminent substantial and irreversible physical impairment of a 49
major bodily function of th e pregnant woman other than a 50
HB 93 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
psychological condition, and another physician is not available 51
for consultation. 52
(c) The pregnancy has not progressed to the third 53
trimester fetus has not achieved viability under s. 390.01112 54
and two physicians certify in writing that, in reasonable 55
medical judgment, the fetus has a fatal fetal abnormality. 56
(d) The pregnancy is the result of rape, incest, or human 57
trafficking and the gestational age of the fetus is not more 58
than 15 weeks as determined by the physician. At the time the 59
woman schedules or arrives for her appointment to obtain the 60
abortion, she must provide a copy of a restraining order, police 61
report, medical record, or other court order or documentation 62
providing evidence that she is obtaining the terminati on of 63
pregnancy because she is a victim of rape, incest, or human 64
trafficking. If the woman is 18 years of age or older, the 65
physician must report any known or suspected human trafficking 66
to a local law enforcement agency. If the woman is a minor, the 67
physician must report the incident of rape, incest, or human 68
trafficking to the central abuse hotline as required by s. 69
39.201. 70
(2) IN-PERSON PERFORMANCE BY PHYSICIAN REQUIRED. —Only a 71
physician may perform or induce a No termination of pregnancy 72
shall be performed at any time except by a physician as defined 73
in s. 390.011. A physician may not use telehealth as defined in 74
s. 456.47(1) to perform an abortion, including, but not limited 75
HB 93 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to, medical abortions. Any medications intended for use in a 76
medical abortion must be dispensed in person by a physician and 77
may not be dispensed through the United States Postal Service or 78
by any other courier or shipping service. 79
(10) PENALTIES FOR VIOLATION. —Except as provided in 80
subsections (3), (7), and (12): 81
(a) Any person who willfully performs, or actively 82
participates in, a termination of pregnancy in violation of the 83
requirements of this section or s. 390.01112 commits a felony of 84
the third degree, punishable as provided in s. 775.082, s. 85
775.083, or s. 775.084. 86
(b) Any person who performs, or actively participates in, 87
a termination of pregnancy in violation of this section or s. 88
390.01112 which results in the death of the woman commits a 89
felony of the second degree, punishable as provided in s. 90
775.082, s. 775.083, or s. 775.084. 91
(13) FAILURE TO COMPLY. —Failure to comply with the 92
requirements of this section or s. 390.01112 constitutes grounds 93
for disciplinary action under each respective practice act and 94
under s. 456.072. 95
Section 3. This act shall take effect upon becoming a law. 96