ORLANDO, Fla. – As Florida heads to the polls Tuesday, voters will face a critical decision on Amendment 4, a proposal aimed at shaping the state’s stance on abortion rights. If passed, the amendment would enshrine the right to an abortion in the Florida Constitution and set a viability standard. Advocates argue it restores a previously established timeline, while opponents caution it may challenge existing restrictions.
The goal of this story is to clarify information presented to Floridians through TV commercials, social media posts, and even by Floridians themselves.
Most of the misinformation revolving around Amendment 4 isn’t an outright lie; instead, it often consists of extreme interpretations of what could or could not happen if the amendment passes. Cutting through the clutter of some of the bombastic rhetoric surrounding Amendment 4 is crucial for voters weighing its potential impacts on reproductive rights and state policy.
[RESULTS 2024: Complete Coverage | Voter Guide for the Nov. 5 election | Here are the 6 amendments that will be on the Florida ballot in November]
Before we begin, note these three key points about Florida’s Amendment 4, which is on the ballot for the November 5, 2024, election.
- A YES vote for the Amendment means you would like Florida to return to a 24-week timeline for abortions (known as viability), you want the right to an abortion enshrined in the state’s constitution, and you don’t want state government to mandate or restrict the right for a woman to have an abortion.
- A NO vote means you want to keep Florida’s current abortion timeline of six weeks, you don’t want the state’s constitution to be amended to guarantee women in the state of Florida the right to have an abortion, and you’re OK with the government having the ability to reduce that timeline further or ban abortions completely in the state.
One other important aspect about voting on an amendment to the state constitution: It takes a 60% voter approval to have an amendment pass rather than a 50%+1 simple majority.
With that out of the way, here we go:
1. Amendment 4 will extend the time period for a woman to get an abortion in Florida.
TRUE. Twenty-four weeks had been a standard for the country since Roe v. Wade in 1973; supporters of Amendment 4 would like it returned to that standard.
For most voters supporting Amendment 4, this is the top motivating argument for why this initiative should be passed.
Before Roe v. Wade was overturned, a woman could have an abortion in the state of Florida up to about 24 weeks after her pregnancy began (24 weeks is an approximation that matches up with viability - the time when a fetus could viably exist outside of a mother’s womb). Florida had lowered the time to 15 weeks (July 1, 2022, overturning its own 1989 decision) and then lowered it again to its current time period of 6 weeks (May 1, 2024).
2. Amendment 4 will allow late-term abortions.
NEEDS TO BE PUT INTO CONTEXT: Can a woman have a late-term abortion in the state of Florida if Amendment 4 passes? Yes. Can she also do the same in the state of Florida if Amendment 4 doesn’t pass? Yes to that too.
Passing Amendment 4 doesn’t suddenly open the state of Florida to late-term abortions; under Florida law, late-term abortions would only be allowed under extreme circumstances.
According to state-certified data, most abortions are performed within the first trimester of pregnancy (1-12 weeks), some abortions are performed in the second (12-27 weeks), but very, VERY few are performed in the third trimester (28-40 weeks). When a third trimester does occur (and again, it is very rare), it is usually because of a severe fetal abnormality or the mother’s life is in danger.
Here’s the data: In 2024, there have only been 3 third trimester abortions reported by Florida’s Agency for Health Care Administration (which keeps a publicly-available record). According to records, all three abortions were performed for fetal abnormalities. From 2020 to 2023, there were no third-trimester abortions reported in the state. In 2019 there were only two.
This link leads to that abortion data. And here are the numbers for 2024 - year to date, out of 50,224 abortions performed:
First trimester: 47,215 (94.01%)
Second trimester: 3,006 (5.99%)
Third trimester: 3 (.01%)
3. Amendment 4 allows for anyone to perform an abortion since it doesn’t include the word “doctor” in its text.
FALSE: The wording of Amendment 4 doesn’t say abortions need to be performed by a “doctor,” it instead uses the words “healthcare provider.”
Florida has several definitions of health care provider (which can range from a physical therapist to a neurosurgeon), but when it comes to treatment concerning a patient, any licensed health care provider still must provide services that is within his or her scope of care. The state licenses thousands of health care providers that span more than 200 categories.
Not all health care providers however are licensed.
As an example, a receptionist working in a doctor’s office isn’t licensed; the same goes for clerical staff who wouldn’t need state oversight. Realistically, a person in one of those positions isn’t going to perform an abortion, nor have access or authority to dispense medication that could induce an abortion.
Massage therapists, cardiologists, athletic trainers, audiologists, occupational therapists, opticians, radiologists, and numerous other licensed health care professionals spanning more than 200 categories will not be performing abortions.
4. Laws will automatically be repealed if Amendment 4 passes
FALSE (BUT NEEDS MORE EXPLANATION): If Amendment 4 passes, no laws will automatically be repealed.
At a recent Vote No on 4 bus tour here in Orlando (sponsored by Florida Family Voice), presenters showed a PowerPoint slide of 21 different laws they believe would be “at risk” if Amendment 4 passes.
Some of those laws include:
- The Heartbeat Protection Act: § 390.0111(1)
- Parental Consent: § 390.01114
- In-Person Counseling: § 390.01111(3)(a)1.a
As the sponsors of the bus tour stated, laws are “at risk” (but none will magically disappear overnight). However, if Amendment 4 does pass, laws directly and indirectly tied to abortions will have to be reviewed by the state legislature which will then revise or in some cases even repeal legislation to align with the new amendment.
Additionally, anyone is open to try and fight the constitutionality of the new law in court.
5. Parental consent is no longer needed for a minor to have an abortion.
TRUE: If Amendment 4 passes, parental consent for a minor’s abortion will no longer be necessary, although parental notification will still be required.
Let’s take those two thoughts one at a time.
“Once again not be necessary” - In 1989, the state of Florida issued a landmark decision on an abortion case with an emphasis on privacy. The case, In re T.W., centered around a 15-year-old pregnant girl (T.W.) who petitioned for an abortion without parental consent. In its ruling, Florida’s Supreme Court established the state’s Constitutional right to privacy extended to a woman’s decision to terminate a pregnancy and ruled the state’s law mandating parental consent clashed with the state’s privacy provision. Key to the decision (Section 23) was that the right to privacy extended to “every natural person”, including minors.
After the 1989 ruling, parental notification was put back on the books 14 years later: On November 2, 2004, voters passed Amendment 1 which gave the state the power to draft laws once again requiring parental notification (not consent) before a minor receives an abortion.
Florida’s parental consent law took effect on July 1, 2020, but due to legal challenges, it was not enforced until April 1, 2024.
“Parental notification” – Now let’s get some clarity on parental notification. First and foremost, Amendment 4 says it “does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.” That means Amendment 4 keeps notification in place (48 hours before the procedure) but strips away consent. It is also important to note that there has always been a means for minors to get an abortion without the consent of a parent or guardian called judicial bypass: “…the process of asking a judge to grant the pregnant minor the right to obtain an abortion without the state-mandated parental involvement. The specific process, timing, and criteria for obtaining judicial bypass vary by state.”
So, currently, in Florida, the parents or guardians of a minor must be informed and provide consent before said minor can get an abortion. Amendment 4 would remove consent but keep notifications in place.
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