A Republican in the Florida House filed a bill Monday that would ban virtually all abortions in Florida, if approved by the Legislature and Gov. Ron DeSantis.
The proposal was filed by Rep. David Borrero of Miami-Dade County just one day ahead of the start of the 2024 legislative session, which will last 60 days and end March 8. Florida House Speaker Paul Renner on Tuesday, however, said he's not interested in further restricting abortion rights in Florida. So it's unclear, or perhaps unlikely, that this proposal will actually go anywhere.
As of publication, abortion in Florida is still legal up to 15 weeks of pregnancy, with limited exceptions for abortions performed after. A six-week abortion ban was signed into law last year, but that is currently on hold pending a legal challenge.
Borrero's proposed legislation, HB 1519, would go further. It says “a person or an entity may not purposely perform or attempt to perform an abortion except to save the life of a pregnant woman in a medical emergency.”
A medical emergency, under the proposal, is defined as “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.”
There are no exceptions for cases of rape or incest that lead to pregnancy. Language in the measure claims that “scientific evidence and personal testimonies demonstrate the massive harm that an abortion causes women.” It also says state legislatures are empowered “to end abortion crime in their states.” Borrero's concept of crime apparently doesn’t extend to forcing a person to carry a pregnancy to term, even if they are a child themselves.
The number of abortions performed in Florida has risen since the U.S. Supreme Court in 2022 overturned the ruling guaranteeing a right to abortion, largely attributed to an influx of pregnant people traveling to Florida from states that have even further restricted or banned abortion procedures. Orlando is home to two abortion clinics, one of which is staked out nearly daily by anti-abortion protesters.
State Rep. Anna Eskamani, D-Orlando, criticized Borrero’s new abortion ban proposal in a statement, describing it as “unhinged” and “extreme.”
“Florida Republicans continue to show us just how far they are willing to go with the filing of HB1519, a total abortion ban,” she wrote. “As we organize on the ground in defense of reproductive freedom, we must continue to fight like hell in the chamber. Floridians deserve the ability to make personal and private decisions about their future and we will not stop fighting until that vision is the reality for all.”
“Floridians deserve the ability to make personal and private decisions about their future and we will not stop fighting until that vision is the reality for all.”
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Brooke Goren, deputy communications director for the Biden-Harris 2024 reelection campaign, also blasted the proposal, deciding to go the politically convenient (albeit less immediately relevant) route of blaming Donald Trump.
“Directly enabled by [former president] Donald Trump, Florida Republicans just introduced a bill that would ban nearly all abortions — even in cases of rape or incest — and criminalize doctors for doing their jobs,” wrote Goren in a statement. “When we say Donald Trump and MAGA Republicans are coming after your freedoms, it isn’t an abstract threat — they are showing us exactly what they intend to do.”
No companion legislation has yet been filed in the state Senate. Both chambers of the Florida Legislature must approve legislation in order for it to be sent to DeSantis’ desk for his signature. DeSantis would have the power to veto, and has not previously said that he would support a full ban.
State lawmakers have already filed other abortion-related proposals up for consideration over the next 60 days, including Democratic-sponsored legislation that would establish a right to abortion, enhance regulatory requirements for anti-abortion crisis pregnancy centers, and ban protesting outside abortion clinics. Bills filed in the Florida House and Senate would prevent pregnant people from being criminalized for getting an abortion in Florida, after DeSantis claimed this was not already the case. Another proposal would protect access to contraception.
Republican lawmakers, meanwhile, have also filed legislation that could allow for individuals to sue abortion providers for damages if their partner obtains an abortion.
A coalition of groups in support of abortion rights, Floridians Protecting Freedom, has gone beyond the legislative route to enhance abortion rights for Floridians through a ballot initiative. After launching their campaign in May, the group reached signature requirements to get a proposed constitutional amendment, extending abortion access up to roughly 24 weeks of pregnancy, earlier this month. The campaign still needs their ballot language to be approved by the Florida Supreme Court in order for Floridians to be able to vote on the proposal in November.A recent poll from the University of North Florida found over 60% support for the proposed abortion rights amendment among registered Florida voters, including a slim majority (53%) of Republican respondents. The constitutional amendment would need more than 60% of support from Florida voters in order to pass.
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